legal 1/14/2020 31.) Wrongful Death, Medical Malpractice, Work Injury/Workers’ Comp – gtg

You May File a Wrongful Death Lawsuit When a Loved One Dies Due to the Negligence of Others

When the negligent behavior of a liable party causes or contributes to the death of another person, wrongful death is said to have occurred. However, that abstract legal definition of wrongful death doesn’t describe the enormous feeling of loss that surviving family members must bear when they’ve learned that their loved one has been suddenly taken away from them.

And if the accident that caused this unfortunate death is the result of the careless behavior of another person or entity, the devastation on that family can be total, and create unbearable and sometimes permanent psychological scars in addition to deep financial distress.

Wrongful deaths happen for so many different reasons and in a number of different ways: from a job-related accident to a vehicle wreck at the hands of a drunk driver to the tragic use of a defective product everyone thought was safe. But they all often occur with virtually no warning, and sometimes in the blink of an eye. This sudden, shocking and unexpected loss can leave a bereaved family reeling, and in an emotional fog, as they grasp to deal with their shock and devastation in light of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death sometimes makes thinking about seeking legal action an afterthought, and maybe even obscene in the midst of their grief.

However, pursuing legal action through a Texas wrongful death lawsuit can become the most important step in the healing process for a number of reasons. Our wrongful death lawyers offer the following information to help a grieving family understand why its members should pursue a wrongful death lawsuit, the issues that are important to wrongful death plaintiffs, what they can expect when they file such civil lawsuits, and how we might be able to assist your family through your time of loss, sorrow and in the end, your recovery.

Why Must We Think About Filing a Wrongful Death Lawsuit in Our Family’s Time of Grief?

We can think of two reasons why a bereaved family should begin their pursuit of a wrongful death lawsuit after losing a loved one due to a fatal accident: financial compensation and justice for their deceased family member. The stated purpose of a wrongful death lawsuit is to enable a grieving family to secure compensation for their loss from the defendant or defendants responsible for this fatal tragedy. And even though no amount of money will ever return your loved one to you, it can greatly relieve your family of the many financial burdens and dire economic need that such a loss creates on a family: like medical costs, funeral expenses, and pain and suffering (both your family you and your deceased family member). Seeking compensation for wrongful death in Texas is important under virtually any circumstance. But winning this rightful and just legal damage award is especially critical in cases where a primary wage-earner has died. The financial remedy a family wins can help ensure that you and your other surviving family members are financially stable in light of your loss and that the lack of money will not add to your emotional ordeal.

The justifiable goal of a wrongful death lawsuit is for the negligent liable defendants who are responsible for the fatal accident will be held fully accountable for their callous, careless behavior. And since many fatal accidents may not result in criminal charges, most of the time a Texas wrongful death civil lawsuit is the only legal means that an aggrieved party has to bring all negligent liable defendants to ultimate justice. The compensation that they, the plaintiffs, are awarded through their successful wrongful death case can be considered a punitive measure. Some even view it as just desserts. A high monetary award will make negligent defendants painfully aware of their actions that caused the death of your loved one. When we take on a wrongful death lawsuit anywhere in Texas, you will get our best effort to ensure that you’re properly compensated in addition to making sure that every liable party is held fully accountable. They may not go to jail for what they did. But they will pay. Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by these same liable defendants. We want everyone who is even remotely responsible to be held fully accountable for the grief and pain they’ve caused you and your family.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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The Elements That Make up a Valid Wrongful Death Claim in Texas And How they are is it Applied to Your Situation
Without a clear understanding of the law, many people who are in the throes of dealing with a wrongful death may not be fully aware of whether or not they may be able to seek punitive legal action against a negligent defendant through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that had to have existed, or may have existed, in order for you and your family to pursue a legitimate wrongful death lawsuit:

Your loved one must have died as a result of the negligent behavior of another person or entity. This negligent behavior could have been either a contributing cause or in legal terms, the sole proximate cause of the fatal accident. Proximate cause means that the liable party played a role in the events leading up to the accident. Sole proximate cause means there is only one defendant.
Your relative must have a direct surviving family member or beneficiary that can pursue legal action.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which in a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the apparent right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our, Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

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

Furthermore, you should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. And if criminal charges were considered against any negligent parties, but weren’t filed, that has no bearing on your right to file a wrongful death lawsuit in civil court.

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver would likely be held civilly liable for their actions through a wrongful death lawsuit in Texas, whether criminal charges were filed or not. And yet, if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that these charges were filed can often significantly strengthen any civil case you might choose to subsequently file.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Damages in a Texas Wrongful Death Lawsuit

“Damages” is the legal term for the financial loss that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. And because these damages can be viewed differently by a jury, it’s important that both types of damages are sought in a wrongful death lawsuit so that the bereaved family can stand to be properly compensated for the full value of their loss, and the liable defendants are held appropriately accountable for their negligence, or even their willful acts if there was defendant malice that led to the death of your loved one.

Wrongful death damages are those directly incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively; although there will likely be only one plaintiff of record. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family’s pain and suffering due to their loss. Other damaged can include loss of financial support that had been provided by the decedent and loss of consortium (or unique familial love that is lost).

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. And in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case in Texas. It should be noted, however, that the family member who seeks survival damages can also seek wrongful death damages. But only the closest living family member can pursue a survival damages claim. Usually, the one that will file a survival damage lawsuit is the spouse. But if the spouse is absent, or does not file a civil suit, the children (from oldest to youngest) are next in line. After that come the parents of the deceased loved one, then maybe a sibling. But again, only one family member has the standing to file a survival damage lawsuit. And the line of succession as to who will do that is very clear.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills that would have been presented to them had they lived, their lost wages due to time off from work while injured, as well as future lost earnings that would have supported them. The family’s pain and suffering are justifiable damages. As well as, their mental or emotional duress in the accident, the compensatory value of their deceased loved one’s disfigurement or possible long-term injury, and the value of any damage to the decedent’s property as a result of the accident, such as an automobile or anything of value that was in the vehicle at the time of the accident. But, because these damage amounts are considered subjective, computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected, but unrealized, amounts.

A non-attorney or one with little legal experience may not appreciate the full extent of damages that should be requested of a deceased family member’s survivors. But with over two decades of experience in wrongful death cases throughout Texas, our wrongful death attorneys have a clear reputation for success and the depth of knowledge to correctly calculate damages and to justify their inclusion into a wrongful death lawsuit. If all of those damages suffered by a bereaved family are not properly calculated or included in the civil lawsuit, that unfortunate family stands a very poor chance of realizing full and fair compensation for their loss, and a negligently liable defendant may very well escape the full measure of guilt that would require they pay for the part each defendant played in a fatal Texas accident.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Texas Workers’ Compensation Insurance Can Impact Some Wrongful Death Lawsuits

One variable when it comes to wrongful death lawsuits surrounds the question of whether or not the loved one’s death occurred while on the job. 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 this issue is the first one that must be sorted out when planning any legal strategy involving a 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 worker’s comp subscribing employer.

A Texas wrongful death lawyer’s experience with both wrongful death and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high if you are to establish an employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence (simple carelessness), a bereaved family can seek 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 can investigate the accident in order to find other liable defendants who may have also been involved in some way, even if it was not overtly, 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 seeking compensation through the workers’ comp policy that is carried by your family member’s employer. This formula allows such families to receive damage awards as third party suits are “piggybacked” onto the worker’s comp claim. And sometimes, fatal injury accidents in the workplace are caused by defective products or machinery, which opens the manufacturers to a possible third party lawsuit as well through a defective product lawsuit.

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

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Medical Malpractice and Wrongful Death Lawsuits

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it significantly more difficult, but not impossible, for wrongful death survivors to seek legal restitution through a medical malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up our state’s court system, it also made it very complicated for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. And as if that wasn’t enough, damage caps now exist on the amount of money that a jury can award (or that your attorney can effectively negotiate on your family’s behalf) in one single medical malpractice lawsuit. This means that a bereaved family may not be able to seek fair compensation for their loss that is commensurate to the actual incurred damages they have incurred if their lawsuit is limited to one offending healthcare provider. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense. When we investigate a medical malpractice claim that has resulted in a wrongful death, we will work to identify all liable parties. Some might have caps placed on the amount of damages that can be sought from them while others might not. But the third-party liability option can also apply to create the same “piggyback” formula found in workers’ comp fatal accident cases.

We also must share with you the fact that many attorneys hesitate at the prospect of representing clients in medical malpractice cases because of their challenging nature in the wake of recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. But our Texas malpractice wrongful death lawyers are familiar with all of the obstacles posed by medical malpractice cases and are prepared to help you win full and Fir compensation from one healthcare professional (or several, if our investigation reveals them) full, fair and proper compensation for your family’s loss due to the negligence of a medical professional that caused the death of your loved one.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Some of the Challenges You Will Face to your Texas Wrongful Death Lawsuit

Most wrongful death lawsuits will likely involve some type of insurance policy. Since death often results in a large amount of damages being incurred by both the decedent and the decedent’s family, the insurance coverage that is likely to pay these damages from a wrongful death lawsuit may be ultimately charged to pay a very large amount of monetary damages.

As a result, an insurer that holds such a large policy will likely attempt to do whatever it can in order to avoid being held financially responsible for paying out such a sizable sum. This coldhearted behavior, even if the evidence clearly proves the insured defendant was negligent in causing the wrongful death rarely changes; regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal action in order to 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 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 wrongful death claim completely denied. They might also try and pass the liability down to any third parties who are also defendants in your civil action. 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 argue them, and their negligent clients and themselves out of liability for a fatal accident, and off the hook of paying any compensation whatsoever to your family. And this means no justice against the insured negligent defendant who is responsible for the accidental death of your loved one. With over two decades of experience in taking-on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against the liable party, 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 complete investigation to take a year; even longer in some circumstances; especially if there are a large number of liable parties who must be investigated before determining which ones are legitimate defendants. 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. Because if the defendant cannot afford to pay, filing a civil lawsuit against them is a futile effort indeed.

Additionally, the longer you hesitate to contact a 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. And this is why it is so very important that you not hesitate in calling a Texas wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Contact Our Wrongful Death Attorney for Help Today

We truly understand why suffering the loss of a loved one due to wrongful death is without a doubt one of the most devastating experiences that a family can endure. The pain and suffering by the family, the loss of income, the avalanche of bills and the fact that life still must go on (and those bills still need to be paid) always make a tragic wrongful accidental death to a family member overwhelming for the survivors. We know that you’re going through a difficult time right now, and we want to help you make sure that the negligent behavior, whether it’s by one, or several liable defendants, does not create even more emotional and financial stress for your family: today or in the future. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

So here is a small bit of free advice that you must not forget. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. If you don’t do this immediately, you’re cutting your own legal throat.

With a successful track record in wrongful death cases all across the state, the wrongful death attorneys at our Texas Law Firm can help you win fair and just 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, investigated it thoroughly and created strong arguments that can be used in court to justify your full, fair compensation claim, the insurance companies are much more likely to choose to negotiate with us in good faith and pay a fair out-of-court settlement for all of the damages that are rightfully owed to you and your family. That means your wrongful death suit won’t have to go through a painful and arduous trial and your family can begin to put its life back together, but with greater financial security. However, if a trial is necessary to fully defend your and your deceased loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our Texas wrongful death lawyers, toll-free at 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from every liable defendant who is fully accountable for their negligent behavior, and able to pay what you are rightfully owed for this tragedy. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Have You Lost a Loved One Due to Negligence by Another? Speak With Our Experienced Texas Wrongful Death Lawyer

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 decades 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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

Wrongful death damages include:

Funeral expenses
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 which 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
Lost wages
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
Disfigurement
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 the legal representation of a highly skilled wrongful death attorney is sought. Our 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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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 at 1(800) 862-1260 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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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 do 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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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 Firm 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Types of Medical Malpractice Suits

As is commonly known, a large number of medical malpractice lawsuits are filed each year. Four common types of medical malpractice exist and each of these are 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 results 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:

Cerebral Palsy
Erb’s Palsy
Brachial Plexus
Erb-Duchenne
Dejerine-Klumpke Palsy
Fractures
Brain damage
Fetal death
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
The 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 part 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.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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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.

Our 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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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When Suffering a Serious Work-Related Injury You Must Understand Your Legal Rights

What happens after you’re seriously injured on the job? Who pays for your injuries, lost time or, heaven forbid, extended benefits that are owed you if you’re permanently disabled. And what are your family’s survivor rights if your loved one was killed in on the job?

How to handle your claim or civil injury case depends upon the actual details of your case and the events leading up to the accident. You must know whether or not the company you work for had workers’ compensation insurance, which pays reimbursement for medical expenses, lost wages, pain, and suffering and some disability. You also need to know what to do if your employer does not have workers’ comp coverage. And though this article is primarily concerned with workers’ comp claims, the issue is so complex that you need to understand how to apply the laws that govern both workers’ comp and private liability insurance because both can often apply to any workplace injury. And you also must know whether, according to Texas law, you are an employee or merely a contractor. Your ability to obtain compensation depends on the answers to all of these important questions in determining how to correctly ask for, and receive, rightful recompense for your on-the-job injuries.

The previous paragraph has certainly suggested that resolving such cases is often very complex. And other issues that influence any job-related injury case may arise. Furthermore, the complexity and occasional ambiguity of some of our laws allow employers and their insurance providers to unfairly refuse the rightful claims of thousands of injured Texas employees every year. So it’s not hard to understand why inexperienced lawyers will fail to secure a maximum work-injury settlement in accident insurance claims or civil cases. And it’s all but a lock that those with no legal experience who choose to represent themselves in such matters are virtually certain to fail in their legal quest. One legal misstep anywhere in the process can seriously harm your claim or case.

The workers’ comp’ attorneys at our Texas Law Firm has invested decades in professionally and fairly resolving injury claims and civil cases for employees who are seriously injured on-the-job. We use our expertise and skill to help you clearly understand all of the applicable laws involved with such a case and every practical legal avenue open to you following your work accident-related injuries. And we are just as proficient at representing surviving families when their loved one has been killed on-the-job. This is why we believe that honesty is the best policy in sharing all of the challenges you will certainly face in order for you to make the best-informed decisions in the interests of your family: something your employer or his or her insurance company no longer care about the moment the mishap occurs.

Employers are always concerned with protecting their own assets. Some might even try to hide whether or not they have workers’ comp insurance. Some might even be privately covered and STILL try to con you into taking workers’ comp’s lower benefit amounts so they don’t have to file an insurance claim. Often, they will mislead you in order to avoid liability for your injuries, regardless of how they might be covered. Some might even claim that you aren’t an employee to begin with and they don’t owe you anything. And with the help of their insurance companies and attorneys, they’ll accuse you of being the actual cause of your own injury. An experienced Texas workers’ compensation attorney knows how to counter the tricks of your employer, his lawyers, and pushy, underhanded insurance adjusters.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Determining Who Pays the Reimbursement is the First Order of Legal Business

We can thank our lawmakers (and the insurance lobby) for today’s difficulty in understanding workers’ compensation laws. Texas does not require any employer to purchase workers’ comp insurance. Right now, about half of the state’s employers subscribe to the program. So, workers’ comp injury cases are divided into two distinct types. And each requires diametrically different methods and strategies to resolve. Employers who carry worker’s comp are “subscribers” to the program. Those who don’t are “non-subscribers.” In order to know how to proceed with your claim, it must first be determined whether or not your employer falls into one half or the other.

Workers’ comp benefits originate from a “pool” of funds that is stocked by private insurance carriers that participate in the program. And one of those firms is assigned to handle your claim that is filed with the state. This pool protects subscriber-employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated when the employer is truly negligent. This is because workers’ comp limits, or “caps,” the total monetary benefit an injured employee can receive. Workers’ comp provides some compensation to employees who are injured on the job site. It’s basically “no-fault” insurance because those covered by workers’ comp are automatically reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of money you receive doesn’t cover the actual expenses of an on the job injury if it is a severe one.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, there are prerequisites or levels of proof that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance. And they are not very stringent because of the very nature of no-fault insurance and the desire of the company’s that participate in the program to give you your state-mandated 25 cents on the dollar. But these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. We’ll explore that further in a moment.

But since workers’ comp is cheaper than traditional employer liability insurance, and limits the compensation amounts of injury claims, one would think that all companies would be smart and purchase workers’ comp. But some companies run the risk of not subscribing to workers’ comp, even if it is comparatively cheaper. So many employers still choose to roll the dice and take the risk of a non-subscriber. And some run the greater risk of carrying no liability coverage on their businesses at all. Then, when the odds catch up with them, they try to avoid a lawsuit and fake having workers’ comp when there’s a serious injury. These employers may try to quickly pay you benefits normally received from workers’ comp and ask you to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook. Some of these forged forms look pretty professional too. But it’s a trick so don’t fall for it.

This is one of many examples of how you benefit from an experienced Texas workers comp lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have identified the nature of your employer’s workers’ comp standing, we can then move forward together to secure just injury compensation.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Rare are the Times When Injured Workers can Take Workers Comp Subscribers to Court: But There are Alternatives

That “other” benefit to workers’ comp subscribers in addition to pool coverage that produces lower benefit payments finds them also virtually bulletproof when it comes to civil lawsuits. Unless the employer has committed gross negligence resulting in wrongful death, they cannot be sued if one of their employees is injured on the job or has been killed at work. And the facts of the case must be overwhelming in order to prove gross negligence. So whichever contributing insurance company is responsible for negotiating a settlement; again, with benefit caps, the odds are highly unlikely that the victim, or the victim’s survivors if a death has occurred, will receive the appropriate level of compensation to which they are entitled through workers’ comp.

But there is another possible avenue to receiving injury compensation outside the purview of workers’ comp. And it is found in the simple fact that more than one person or entity could have a significant hand in your accident, or the one that killed your wage-earning family member. This is why we have brought non-subscriber issues along in this article. Because injured employees of workers’ comp subscribers are allowed to file an insurance claim or lawsuit against these other defendant companies or contractors: commonly known as a third-party lawsuit:

We’ve seen literally thousands of case where someone besides the employer may have done something negligent to cause a workplace injury. If a faulty piece of machinery caused the serious mishap, then the manufacturer of the device may be held accountable through a defective product lawsuit, or the company that might be responsible for maintaining it. If the owner of the property did not provide safe working conditions, then he or she could be held accountable. If another employee or a visiting contractor or one of the contractor’s employees negligently caused the injury, then they could be held accountable. In such a case, you can sue the responsible party or parties but not your subscribing employer.

Experience, and the ability to properly investigate not only the accident scene but the roles these third parties played in the calamity is required in order to properly identify all of the parties responsible and make them pay for the injuries they cause. A skillful worker law litigation firm such as our Law Firm can devise a plan of attack for workplace injury cases that offer the best opportunity to secure compensation in a complex Texas work accident claim like this. Often, it will involve helping you pursue your workers’ comp claim, then supplementing it with the appropriate number of third party non-subscriber claims (or lawsuits) to bring your compensation up to a level that meets your financial needs as you and your family recover from your injury (or the wrongful death it caused).

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Winning Compensation from Non-Subscribers is More Straight forward, but Still Not Easy

So now you’ve crossed the line and we’re dealing with both halves of the worker’s injury coverage question. If you are to receive the compensation you deserve from non-subscribing employers or third parties, your skilled Texas work accident attorney must be as adept at dealing with both sides of the equation as well. They will have to file a claim, and maybe a lawsuit, then see it through on your behalf in order to deliver the fair compensation you deserve as a result of their negligence.

In order to punish non-subscribing employers for creating more legislation, Texas workers’ compensation laws enable the victim to secure much greater damages than if the employer had purchased workers comp. And as we have already said, the workplace accident victim must merely prove standard negligence, which means the employer only committed a sole error or momentary lapse in maintaining safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a cunning accident lawyer to assist you through every difficulty of this challenging legal process.

It begins when the victim, also known as the plaintiff, files a claim with the employer, notifying him or her of the injury and the restitution the victim expects as fair reimbursement. The employer can agree, which seldom happens. Mostly the employer is covered by some sort of insurance or surety bond (which makes the latter self-insured).

If they have insurance, they just hand it over to their carrier, then you and your attorney try to negotiate a fair settlement. The insurance company is certain to dispute some or all of your allegations outright, just to see how serious you are. It’s just a standard opening gambit they always play. But if negotiations progress in-good-faith, usually because your attorney makes it clear that you have a very strong case, then the matter can be settled. You are then fairly compensated and everyone returns to their regular lives. But on the other hand, work-related injury cases are often contested and the smart plaintiff’s attorney must file a lawsuit to win the compensation he or she deserves. As the injured party, the plaintiff holds the burden for proving that the employer’s negligence caused the injury, resulting in those high medical bills, lost salary, pain, and suffering. Fortunately, if the injured victims can prove simple negligence, that task is much easier than trying to prove gross negligence.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Defendants Countercharge You as the Sole Proximate Cause for Your Own Accident

If your employer is a workers’ comp non-subscriber, then with the blessing of the insurance company (whose money actually pays the claim) he or she will certainly not agree to pay you for the harm you’ve suffered due to that negligence. Our experience in these matters has revealed that most non-subscribers, with the help of their insurance company and their lawyers, try to use a couple of typical defenses to avoid paying injured employees the restitution they deserve.

The only actual defense afforded non-subscribers after an employee suffers an injury is to claim the worker caused his or her own harm or, in legal terms is the sole proximate cause of the harm. In order to invoke this defense, your opponents will literally add insult to your injuries and soil your reputation by proving you were a negligent employee and caused your own injuries. And if the accident produced a wrongful death, they’ll use these same tactics to walk all over your deceased family member’s grave because he or she is not around to contest their frivolous charges. They try to make their sole proximate cause for these serious injuries yours.

While your employer may have been too dense to buy workers’ comp coverage, you can be sure that he or she will think nothing of paying a healthy five figures to an experienced and shrewd lawyer who knows how to make victims appear negligent for their own injuries. You need your own cunning Texas work injury lawyer to place fault back where it belongs, the negligent employer.

The Defendant’s “Hail Mary”: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option that non-subscribers have to deflect liability after an injury has been suffered by an employee. But it’s their best shot. Another not as effective trick finds many clever employers who try to distance themselves from you as an employee which, by-definition, relieves them of their responsibility to fairly compensate you. Some even begin building a false paper trail to prove their argument from the first day you show up for work.

Texas companies are not generally liable for what happens to contractors’ if they are injured while visiting or working at a client’s place of business. So many companies will claim to hire their employees as contractors. By attempting this evasive tactic, your employer tries to deny that a formal employer-employee relationship existed between you and the company. Then they use that as an excuse to deny your legal claim to work-injury compensation. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, the employer knows when an actual employer-employee relationship exists in many of these cases. They’re just challenging you – an injured worker – to prove they are wrong and have a right to win compensation. So don’t be misled by this ploy. Even though your employer claims you are a contractor, you are likely still considered an employee in the eyes of the law, and are entitled to recover compensation for injuries suffered on the job.

A skillful and well-seasoned Texas Texas workers comp attorney knows how to prove the employer-employee relationship truly exists by meeting at least one the following standards:

Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment for the job was supplied to you by your employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are related, but there can be some crucial differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
Our Law Firm conducts a thorough investigation to demonstrate the existence of at least one, and often many, of these standards to clearly prove an employer-employee relationship existed for you. We depose co-workers, review contracts and examine pay stubs and other financial documents to establish that you were, in fact, an employee when you suffered that serious on-the-job injury.

A couple of other variables on this topic: if you were hired by an employment agency to work at their “client employer’s” company and suffered a workplace-related accidental (or your loved one was killed), your Texas attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, and a third party claim against the company where the work was actually performed. Also, if your employer loaned you out to another company and the accident occurred there, the issue of workers’ comp subscription with your employer must be answered first and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit.

And to further a previous point, workers’ comp claims are less-than-adequate when major injuries are involved: including wrongful death. So the traditional way for an employee or surviving family to recover fair damage compensation is to file a workers’ comp claim against the employer of record if it applies, and then supplement the claim with the appropriate number of third party claims or lawsuits. And if worker’s comp doesn’t apply to your accident liability scenario ni any way, then it’s straight non-subscriber claims or cases across-the-board.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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Opponents with No Insurance, No way: They’re Slippery and Dangerous!

What if your employer is “self-insured” or uninsured? As hard as insurance companies fight for their defendant-clients, those who are not insured fight all the harder to avoid paying for your injuries. These disputes can get very ugly sometimes: so ugly you’ll wish you were dealing with an insurance company. And without an experienced Texas workers comp attorney at your side, it will wind up a case of them being the windshield and you being the bug: a big fat splat!

You certainly understand by now that non-subscribers who are represented by insurance companies and their attorneys either on-staff or on permanent retainer. And you know they are very skilled at defending insurance companies from people who try to sue them. Insurance companies are in the business of collecting high premiums, and then avoid paying claims. They are confrontational and intimidating from the start. But they don’t scare an experienced work injury law firm like our Law Firm who knows every trick they pull, and how to neutralize it.

But at least the insurance industry has some basic ethics in how they go about their business because they are regulated, to a degree. But, on the other hand, self-insured employers or those who have no insurance whatsoever, and are liable for workplace injuries are a different and highly toxic animal altogether. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some are shameful at best. And others are blatantly illegal. Some of their attorneys can also display similar behavior too.

You will attempt to settle with an officer of the self-insured company, or maybe even be facing your employer if it is a small company. In either event, the salary of whomever you deal with is likely tied directly to company profits. Any damage amount paid to you for a serious injury comes directly out of company coffers. So by compensating you, your employer literally takes money out of his own pocket. We are rarely surprised when a sneaky, self-insured company officer uses any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured companies can deliberately dispose of evidence as well bribe or intimidate witnesses, even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevent anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our Texas work injury attorneys present.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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The Most Important Thing You Need to Do After a Work Injury Right Now, and Why

Our lead attorney suggests that you speak with two or three lawyers before choosing the one to handle your case. Ask him about his experience in handling cases similar to yours. Make sure to discuss his record in litigating and settling similar work accident cases. Also ask the attorney to provide you with the name and contact information of a former client or two with cases similar to yours. And then call them. Do not hire a Texas injury attorney unless you trust him or her and are confident in their ability to handle your case.

Ask them if they’ll do what we do, which includes:

Ensure that our clients receive the medical care they require in order to recover from their injuries.
Conduct an in-depth investigation to determine the cause of the workplace accident. This includes asset checks of all defendants to make certain they can pay damages.
Gather evidence, including witness statements, photographs, forensic tests, and if- appropriate, police reports that we will need in order to prove your claims.
Respond to and send discovery requests.
Manage ALL the paperwork, filings, responses and all phone calls related to your claims.
Use our stellar reputation to pressure the defendants into a fair settlement.
Act as mediators for our clients’ cases.
File lawsuits and argue them aggressively to prove your damage case in front of a jury.
Fairly and accurately calculate all damages resulting from the workplace accident and demand fair compensation for you.

Did You Know?
Our Texas work injury attorneys have won thousands of cases. Call us today to discuss your case. 1(800) 862-1260

But one thing you must understand is this. Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent workers’ compensation lawyer. Your employer or its insurance provider wants you to accept an inadequate settlement and save their own money. Don’t be taken advantage of. As a matter of fact, it’s never a good idea to even discuss any details of your intentions, or anything else surrounding the injury, with your employer or his or insurer without a lawyer protecting your interests.

Then, you must realize the critical importance of acting swiftly. In work accident cases, the evidence begins to fade and alter immediately following the accident. The physical details of the accident scene itself can change quickly. And witnesses change their stories or forget what they saw because the mind is a mysterious thing. Sometimes, they’ve even been paid to forget, or to “take a nice long vacation.” If you wait too long to hire a work injury attorney and put your counsel to work investigating the trail of evidence, then you are doing irreparable damage to your ability to secure the restitution you deserve.

An experienced Texas workers’ comp attorney with our Law Firm who specializes in all types of Texas worker injury litigation law helps injured employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise and success required to help injured workers just like you, to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

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 at 1(800) 862-1260 toll-free for a free and confidential legal consultation.

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