BIRTH INJURIES
Attorney Discusses the Birth Injuries Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy
Birth Injuries are a serious medical concern and are becoming all too common these days. The human birthing process comes with many potential hazards. Something as simple as an overworked obstetrician or delivery team that rushes the procedure can have lifelong and detrimental effects on the child. When such an event causes a severe injury, Texas laws allow the child’s family to seek financial compensation from the medical professionals responsible for these devastating injuries. Brachial Plexus, Erb’s Palsy, and Shoulder Dystocia are a subset of birth injuries generally resulting from the excessive force being put on the child’s body during the actual birthing process. All can cause significant injuries to sensitive nervous and muscle tissue ranging from nominal physical impairment to severe inability to coordinate movements in arms, the neck, and even facial muscles.
All licensed medical professionals are subject to Texas malpractice and medical negligence laws. In Texas, medical malpractice is a general category that describes any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover damages or negligent behavior toward both expectant mothers and their babies. Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel but may also include midwives and other birthing professionals. Birth “defect” cases almost always affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and harm the mother. This is one of an extensive list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with their excellent investigative teams) to properly sort through medical records and all other evidence surrounding the birth (and prenatal care) to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.
The type of birth injury cases this web page addresses usually surround injuries occurring to the infant at or around the time of birth: including labor, delivery, or immediately following the child’s birth: most specifically, the subsequent diagnoses of Erb’s Palsy brachial plexus and other nerve injuries, shoulder dystocia, and other neurological, skeletal, or muscular injuries that are the result of improper birthing techniques in the delivery room. These types of birth injuries are often suspected or identified by medical professionals at the time of birth. Still, this information is not always shared with the new parents during detection time. Medical personnel can fearfully wait to disclose this information, usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury can heal itself, you suspect a possible birth injury occurred during labor, delivery or birth of your child. In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are often avoidable or more easily treated with timely diagnosis, if left untreated or without timely treatment, they can be life-altering for you and your child and devastate your entire family. Our Law Office has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies from the parties responsible for the birth injuries and cerebral palsy. Our birthing delivery malpractice attorneys and medical investigative team pride themselves on providing various options for you and your family. One will undoubtedly be comfortable and appropriate for you to pursue.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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Brachial Plexus/Shoulder Dystocia Injuries Universally Occur at the Time of Delivery
The brachial plexus is a network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand. Obstetric injuries may occur from a mechanical injury involving shoulder dystocia during difficult childbirth when the plexus nerves are violently stretched and can lead to shoulder joint dislocation. This condition occurs during a particularly difficult or arduous labor and delivery. It can manifest itself into several subtly different types of dystocia due to many other causes, such as abnormal positioning of the baby in the womb during delivery or abnormally large babies, or relatively small birth canals, as well as unusual activity in the uterus or womb during delivery. Dystocia occurs in about 20% of childbirths. In many cases, dystocia requires an “assisted delivery,” either with forceps or an emergency cesarean section (c-section), rather than standard vaginal delivery. No matter the birthing method, serious birth injuries usually affect this brachial plexus nerve bundle, and damages to these nerves can result in long-term, permanent disability – even though these injuries are often entirely preventable by the birthing specialist or team members.
A baby’s shoulder may be caught in the birth canal during a difficult birth. This often occurs due to the size of the child or birth canal or to abnormal positioning of the baby. Once the shoulder is stuck, the delivery quickly becomes dangerous. The baby is stuck, and the birth canal puts significant pressure on the umbilical cord, head, and neck, resulting in severe brain injury due to hypoxia. An obstetrician must quickly act or risk serious brain injury to the infant. In this action, an OB must readjust the baby to get it through the birth canal safely, if possible and if it can be done quickly. This readjustment has its own risks, namely, the brachial plexus nerve bundle in the baby’s shoulder. Suppose the doctor pulls the head and neck away from the stuck shoulder. In that case, the brachial plexus nerves are stretched, bruised, torn, or severed, depending on the amount of force the doctor must use, either with forceps or via c-section because, during the latter procedure, the delivery doctor is pulling the baby in the opposite direction of the force of the birth to free the baby from its physical duress. Often this occurs with an inexperienced, tired, or otherwise negligent doctor. Dystocia may be preventable by using ultrasound to determine whether the baby is at risk because of his or her size or position within the uterus or the cervix area that connects to the upper vagina. Or, as we’ve mentioned, this danger can be connected to a mother’s unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended delivery method, and a traditional vaginal delivery option is immediately out of the question. Should shoulder dystocia may be evidence of medical malpractice if a doctor does not utilize ultrasound or proceeds with a vaginal delivery. Most of the time, there might be evidence of a separate birth injury to the child in addition to the shoulder dystocia that will usually suggest some sort of medical malpractice during the birth.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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Erb’s Palsy is Usually the Ultimate Diagnosis After Delivery Room Brachial Plexus/Shoulder Dystocia Injuries to an Infant
Erb’s palsy also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, an apparent mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia. This injury is characterized by a significant weakness or loss of movement in the affected arm and shoulder. Because the arm moves minimally, the muscle atrophies, further reducing the strength of the arm and shoulder. The “use it or lose it” rule applies to all muscles. Newborns with Erb’s Palsy often lack spontaneous movement in the affected arm or shoulder. They cannot often grip anything in the affected hand and hold the affected arm tightly to the side flexed at a ninety-degree angle. Observant and diligent medical personnel should notice these symptoms immediately. The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of life-long disability. Significant therapy, accommodations, and treatment may ease many symptoms if the injury is not too severe. But in many cases, these injuries and resulting conditions may have been preventable or caused by a doctor’s mistake or negligence. And it’s why you and your family will significantly benefit from the services of a birth injury medical malpractice attorney.
It is a Challenge to Determine if Birth Injury Has Occurred and to Identify the Liable Defendants
Birth injury cases are very complex and usually involve much more sophisticated investigations and strategies to execute successfully. A highly experienced birth injury lawyer, birth injury medical experts, and an entire support team are essential to your insurance claim or civil case’s success. This team works together to provide your family with answers and a full range of practical options for the injuries you, your child, and your family have suffered and must endure daily. Birth injury cases are classified as medical malpractice and medical negligence. They have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments arising from that incorrect diagnosis, or other actions. In addition, anyone else working in a health-related capacity who might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child, might also be liable. Conceivably, hospital administrators can also be liable, depending on the circumstances. However, determining who was the “proximate cause” of your infant’s birth injury requires expert legal investigators, doctors, and medical professionals in your corner to identify with certainty just whose negligence led to this disaster. Assessing this negligence can be very difficult and just as tough to prove. The medical community is reluctant to point fingers and declare anyone liable for their actions. They circle the wagons and often hide behind their science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm. It’s also challenging to prove what happened during the labor and birth of your child. But our medical experts are very experienced at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by the medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or professional medical waits to diagnose an injury or determine its extent, which led to the harm done, the less likely the evidence of malpractice will exist. And it is a criminal violation to alter medical records. This is why it’s essential to retain an attorney specializing in birth injury malpractice as soon as possible. Parents, their attorneys, and the legal investigative team must act quickly to preserve as much evidence as possible. Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the most significant actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the results of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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Medical Malpractice Insurers and the rest of the Medical Industrial Complex Work against Your Claim or Case from the Moment They Know Something is Wrong.
Here’s why as soon as questions are asked about the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence with a single goal: to show that any injuries or resulting harms sustained by you or your child during the delivery were NOT the results of medical malpractice or medical negligence by any healthcare professional who was involved at any point of your pregnancy, labor, or delivery. Medical malpractice insurance companies make millions of dollars yearly to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice. That’s just one series of challenges. The other surrounds the fact that Texas has recently enacted tort reform measures that make medical malpractice cases harder to prove. Even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases, at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family due to these injuries, the state decides how much you will receive: not the jury. However, this is where investigation can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the total capped amount ($250,000), producing a total damage recovery of $1 million. This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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Experience Matters in a Birth Injury Case
Generally, in any Texas personal injury civil lawsuit, the statute of limitations for filing a case is two years. A few exceptions could lengthen those statutes in your favor. Civil cases in Texas are subject to the “discovery rule,” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. For example, suppose the malpractice symptoms are not evident until several years after birth. In that case, the statute of limitations does not begin until the condition caused at birth is diagnosed. Also, in cases where the defendant deliberately concealed their involvement or culpability in medical malpractice, the statute may be extended to allow the injured plaintiff (or the family in the event of a birthing injury) to pursue civil action against the medical defendant. In some situations, this concealment may be criminal. The concealment may have been part of a larger criminal enterprise by the hospital or birthing clinic. The defendant may also be subject to criminal and civil charges. When a defendant must also answer criminal charges, it invariably strengthens that criminal case, even if the defendant is ultimately exonerated in criminal court.
If the malpractice insurance company knows that malpractice has occurred and it’s apparent, they might try and settle with you for a much smaller total amount than the actual worth of your civil case or claim. If they can do that, and pay you ten cents on the dollar, once you accept that compensation check and sign that release, you cannot bring suit again for additional payment. This is why it is very important to remember before you speak with an insurance company, accept even a single dollar of payment or compensation, sign anything, or attempt to file a lawsuit on your own; you must contact a competent lawyer. Our investigations produce strong cases. Insurance companies will only agree to a just settlement for your legal damages arising from a birth injury malpractice claim if you are represented by an attorney with a history of courtroom success. Insurance companies and their lawyers are eager to take on non-lawyers. But they fear us. When we file a claim, then back it up with evidence from our investigations, the insurance companies often see reason and settle for a fair amount. They want to avoid a trial, especially if they already know we have a solid case. Our clients can win a fair settlement and avoid a protracted and contentious civil trial. Our birth injury attorneys have over 20 years of experience representing victims of all forms of medical malpractice. Our investigators and medical support team pride themselves on providing the most options for you and your family when your child is the victim of a birthing injury.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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TRUCK ACCIDENTS
Serious 18-Wheeler Injury Accidents Deserve Compensation but Draw Strong Opposition.
Texas has many highways and big rig trucks driving on them. Most of the time, it’s no worries, past the general angst when one is in the lane next to you or gets big in your rearview mirror. Yet, many times, an 18-wheeler hits someone and causes serious injuries or even death. What happens if one hits your vehicle or someone in your family and kills them? The one thing you dare not do is take your time to decide how to respond to this tragedy because those who are liable for the wreck are already planning their defense. If your beloved family member just got out of emergency surgery or is fighting for their life in ICU, someone needs to step up to the plate quickly and take charge. Thousands of 18-wheelers haul goods to all parts of the country. So, accidents, injuries, and even deaths are a statistical inevitability when going through Texas.
If you have been injured in an 18-wheeler accident or, worse, if a loved one was injured or killed, an 18-wheeler accident attorney with our Law Office could help you. For over 20 years, the firm has negotiated compensation for our injured clients and litigated hundreds of trucking accident cases on their behalf. We know you suffer pain – through no fault of your own – due to this negligent accident. Your family is undoubtedly carrying a significant financial burden, in addition to the one you bear daily. As your recovery strengthens – soonest we hope – your troubles are far from over, and you will begin paying for that early hesitancy to hire legal counsel quickly. Your fight to seek fair compensation for your injuries can be just as trying as the injuries and pain caused to you by accident. Trying to get a fair claim, settlement, or litigation to secure a proper jury award adds to all this needless and distracting drama you just don’t need as you begin your recovery. We feel it is essential to inform you about all legal avenues available to you and a few of the obstacles so that you can take the right action to achieve just, fair and certainly-deserved restitution. When you’re through, we hope you’ll hire an attorney, any attorney with experience.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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Who is to Blame for Your Damages and Pain from an 18-Wheeler Accident?
Many, possibly: when filing a claim involving an 18-wheeler accident, any one or several different parties can be responsible and held liable for your accident: The list includes:
The truck driver.
The company he or she works for.
The company that loaded the trailer.
The person who planned the truck’s route.
Maybe even a manufacturer of a truck part.
That last category comes into play rather often. Trucks are made up of countless parts. All must operate as they should for the truck to operate on the road safely. Design defects or manufacturing flaws in parts used by a truck may be the manufacturer’s fault, in which case a product liability claim or case might be brought against the manufacturer. For example, if a truck has faulty brakes that are a result of a manufacturing defect that causes the truck to slam into your car, or if a strap holding cargo in place has a design flaw that allows cargo to come loose and topple over on your pickup truck as you drive side-by-side on the interstate, a manufacturer may be held responsible for your injuries or other damage. However, if a part malfunctions due to maintenance or repair, the carrier or the shop to which the work was outsourced might be at fault. In the past few years, state and county road offices have outsourced even more road maintenance and highway construction to private companies. So if that company’s construction zone creates conditions that cause an 18-wheeler to hit you, they may also be a liable party to the accident. And all private companies retained by the state to build and maintain Texas roads must provide either direct liability insurance coverage or a liability bond to the state. So when you have been hurt in a trucking accident, determining all who are responsible for the wreck is the first thing that must be done: immediately! Finding those responsible leads to identifying legally liable parties for the injuries you or your loved one suffered and property damage.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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18 Wheeler Truckers Look Out for Number One, Not You, And Often not Even the Truth
What would you do if someone threatened your line of work, your ability to earn a living, and take care of your family? Good jobs are hard to come by these days, so you would probably do anything to ensure that you keep getting paid and that your family still eats. Truck drivers are no different. When they’ve been involved in an 18-wheeler accident and know they are in danger of losing their paycheck if they’re held liable for the wreck, they’re not beyond lying, cheating (or stealing evidence) to save their job. Trucking companies wouldn’t trust one of their expensive rigs to a driver with a history of causing expensive wrecks, even one. The trucker knows he’ll probably lose his job if he’s found responsible for your accident and serious injuries. It will be hard for him to find another driving gig. So when he hits you, he’s looking for a fall guy. And you’re it. A client once hired us after suffering an injury in an 18-wheeler accident. The driver who caused it claimed that our client was driving with his lights off at night and was instead the cause of the accident. But our investigators discovered a security camera outside a storefront pointed directly at the accident scene. The video clearly showed that our client’s headlights were shining brightly, which proved that the truck driver boldly lied. Our investigative methods get to the bottom of 18-wheeler accidents and the lies the drivers sometimes tell. The evidence, sworn statements of credible witnesses, video surveillance footage, and forensic test results we gather that prove a trucker isn’t telling the truth can make powerful evidence in your insurance claim or civil case. Sometimes your lawyer will catch a trucker in a lie during a deposition and press him until he gives up the truth. Over the last twenty years, the 18-wheeler accident injury lawyers at our Law Office have taken countless depositions and developed sophisticated techniques of inquisition that can get witnesses to admit the truth. The truth is your best weapon in winning a settlement before a case goes to trial.
Self-Insured Truck Drivers Who Cause Accidents Present Different Problems
Since Texas law doesn’t require truckers to have liability insurance (past what they carry on their truck to remain “street legal”), some trucking companies protect themselves against personal injuries from accidents. This usually involves the transport company reserving a percentage of their assets to pay accident claims rather than purchasing coverage from a traditional insurer. Rare is the time when they aren’t underinsured. Though the federal government monitors the insurance industry, licenses adjusters, and holds insurance companies to ethical standards as best it can, no such regulations govern companies that insure themselves. Even though you won’t need to deal with insurance adjusters, winning compensation from these “self-insured” companies can be far more complex and often even more problematic. You will be dealing with an officer of the company instead of an insurance adjuster. This company officer’s salary comes from company profits. Any amount you pay for a serious and expensive injury comes directly from company coffers. So if that officer compensates you for an injury, the amount is paid directly out of company assets, which means the company officer is taking money out of their own pocket. So it is not unusual for a self-insured company officer to resort to any means to deny your claim and protect the company’s assets. Officers of self-insured companies have been known to dispose of damning evidence, bribe witnesses, and intimidate victims. This explains why every time our attorneys are hired against a self-insured company, the first action we take is to prevent anyone from the defendant company from behaving inappropriately toward our clients. We step in and prevent them from communicating with our clients unless we are present.
Our clients are family at our Law Office, and we empathize with the struggles your family must deal with. Contact us (toll-free) for a free consultation and find out how we can help you and your family fight for your legal rights.
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CAR ACCIDENTS / CHILD
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TRUCK ACCIDENTS / CHILD
Investigations Identify the Defendants for Your Child’s Injuries, Pain, and Suffering
In an accident that produces injuries, any number of different parties can be responsible and held legally liable for the wreck. If an 18-wheeler is responsible for the wreck that injured or killed your child, the driver, the company he or she works for, the company that loaded the trailer, the person who “trip planned” the truck’s route, and possibly a defective part on the truck itself could have been the cause.
So the first thing you must do is find out whose fault it is for the 18-wheeler accident that caused the injuries you suffered and the damage to your property. And one crucial point to remember is the Texas law’s legal notion called “respondent superior.” It means that employers are directly liable for the accidents their employee’s cause. So by definition, the employer is just as responsible for the neglectful action or inaction of its employee, which means it is responsible for paying for injuries and other legal damages arising from their employees’ negligence or willful intent. After an 18-wheeler accident that injured your child, your attorney must determine whose negligence caused the wreck, if someone else contributed to it, or if mechanical failure caused the driver to lose control of the big rig. Did the company that owned the cargo fail to load it correctly? Was it safely secured? Sometimes improperly loaded or secured cargo breaks free during transport, topples the trailer, or falls on a vehicle traveling alongside the big rig. Sometimes route planners are negligent in sending the truck down a road where it doesn’t belong. Rare is the time when finding fault for an 18-wheeler accident is simple. This is why you benefit from the investigative expertise of a vehicle accident lawyer who gets to the bottom of the wreck and identifies every liable party responsible for your child’s injuries, pain, suffering, and other damages arising from the tragic accident.
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DEFECTIVE TIRE ACCIDENTS / CHILD
Defective Tires and Other Substandard Products that May Have Played a Part in the Vehicle Wreck
Many of you recall the rollover wrecks years ago experienced by drivers and passengers of Ford Explorers using a certain type of Firestone Tires. Many adults and children suffered debilitating injuries; some were killed because of defects in the tires and how they worked (or didn’t work) on these popular SUVs. A defective part on a truck or an automobile (or some other vehicle such as a motorcycle or ATV) can produce horrible injuries or even deaths in accidents without a liable driver. In these cases, compensation for your child’s injuries can be won from the manufacturers or designers of defective tires, original or replacement parts, entire vehicles or mechanics, or other vehicle technicians who didn’t work properly, which subsequently caused an accident. Sometimes the culprit is not at the actual scene of the accident. But, upon investigation, their fingerprints on your child’s injuries or wrongful death can become all too apparent.
To win your claim among a variety of potential defendants, you need an experienced Texas accident lawyer to thoroughly investigate the scene of an accident and discover who is liable, and then wade through a great deal of paperwork to determine the best possible targets for your accident-related compensation. Experienced accident lawyers conduct these stringent investigations. We know how to determine the degree of each responsible party in every vehicle accident. Our investigations sometimes reveal additional facts about the accident that law officials miss. When we do, we pass them along to law enforcement so they can consider further criminal action simply because those brought up on criminal charges tend to be more vulnerable to subsequent civil action.
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TRUCK ACCIDENTS / CHILD
Underhanded Insurance Company Tactics Are A Big Reason You Need an Experienced Accident Lawyer
In most vehicle injury accidents, someone’s insurance company is bound to stand in your and your child’s way to the rightful compensation that is deserved. Liability defense lawyers and multinational insurance companies work together in accidents to deny your claim. The insurance companies pull the lawyers’ strings. They are either on-staff at the insurance company itself or permanent retainer; they’re that good. The lawyers and insurance companies know every trick in the book to avoid paying accident victims. And when they must pay, they fight just as hard to pay as little as possible. The same thing holds true if an 18-wheeler injures your child. Their insurance companies’ prime directive is to deny you and protect their funds. And they do this hundred of thousands of times every year, by habit. Their adjusters are their first line of defense. They shield their employer because their job is to save their companies money by denying your claim or underestimating the wreck’s cost while showing you a friendly face. They regularly use this tactic to destroy your child’s chance to receive compensation. Some shady adjusters even try to deceptively convince uninformed truck accident injury victims to sign away the legal right to sue in exchange for a measly check that could never approach fair compensation for your injuries and other financial losses from a big rig accident. Rather than purchasing traditional insurance, some trucking companies reserve a percentage of their assets to protect against personal injuries from accidents they cause. And, unlike the insurance industry, there are no federally mandated ethical standards of behavior for self-insured trucking companies when they are sued in civil court. Seeking compensation from these “self-insured” transport firms or self-insured independent truckers without a highly experienced personal injury trucking attorney is an extremely risky proposition that poses a lot of danger to your ultimate success because you endanger their business, and if they lose their business, might be forced to close. Desperate defendants will do anything to avoid legal liability for your child’s massive injuries or wrongful death. You’ll find the same challenges if you take legal action against a large manufacturing corporation for its defective products. The bottom line is that you must have an experienced and aggressive accident attorney on your side who will fight tooth and nail for your child’s injury rights. Without one, you stand virtually no chance of receiving fair (or any) compensation.
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ANY VEHICLE ACCIDENT / CHILD
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