Legal Assistance for Grieving Families
When a family has suffered the senseless loss of a loved one due to an accident or other act of negligence, they can be left with intense grief, insecurity and many unanswered questions. Those who are left behind not only are deprived of many future years with their beloved, but they are also left holding the bag for medical bills, years of lost income, and intense emotional pain and suffering. Since wrongful death occurrences are so incredibly unexpected, knowing who to turn to and what to do next can be a seemingly insurmountable problem. Compassionate and understanding assistance is available to you by contacting a personal injury lawyer. We can help guide you through these difficult times and ensure that you can start to pick up the pieces and put your life back together.
There are many unfortunate accidents and incidents that can lead to the wrongful death of a loved one. The key factor in all of these events is that they are caused by the recklessness, negligence and carelessness of others.
Although nothing can bring about your deepest desire – the restoration of your loved one – there are powerful options available to you through pursuance of a wrongful death claim that can ensure that your family remains financially secure and that appropriate punitive damages are sought against those guilty of taking your loved one from you.
Wrongful Death Lawyer
We understand the difficulty and grief you are experiencing, and we want to help you in this tragic time. Others should not be allowed to take advantage of your fragile state, and our legal team are dedicated to protecting the legal rights and interests of clients who have sustained such immense loss. Our greatest concern is caring for your needs and making sure that the needs of you and your family are met after a wrongful death occurs.
For caring legal counsel after losing a loved one to an accident or act of recklessness, contact aWrongful Death Attorney today.
Injured by another motorist while riding your bike?
There are many strong arguments for using a bicycle as your daily form of transportation, including the avoidance of high gas prices, cutting down on one’s impact on the environment, and creating a more healthy lifestyle. Bicycle enthusiasts can be seen on our roads in every community and on every day, but sadly they bear an increased risk of significant injury because of the negligence of other drivers on the road. Larger vehicles, for obvious reasons, provide a much greater safety barrier against road hazards and accidents than is afforded to bicyclists. Even well-trained and observant bike riders can be subjected to life-changing injuries when a careless or distracted driver hits them. If you or a loved one has been impacted by the negligence of another driver while riding a bicycle, help is available to you from a personal injury lawyer.
Bicycle accidents can occur for a variety of reasons. Other motorists are notorious for their lack of respect and attention to smaller vehicles and pedestrians and such behavior as this can lead to injury in a flash:
Following too close to a cyclist or misjudging distance
Failure to check mirrors and blind spots
Ignoring traffic signals and stop signs
Driving too fast for weather conditions
Driving recklessly or aggressively
Driving while distracted by cell phones, radio and passengers
Bicycle Accident Attorney
Why let the negligence of another driver put you into physical and financial peril? You have strong legal rights and may pursue damages through a civil action, and our attorneys are ready to help you with that important endeavor. Backed by a team with four decades of combined experience, our firm is dedicated to success, competent representation, and respectful client care.
Contact a Bicycle Accident Attorney without delay for exemplary legal counsel.
Obtaining Compensation for Drunk Driving Victims
All of us have a distinct understanding of just how powerful automobiles are. We are trained to be defensive drivers, watching the road closely and refraining from engaging in distracting activities when we drive. Car accidents will be a part of life as long as humans are in control of them – simply because people make mistakes. One of the most profound lapses in judgment can be the decision to get behind the wheel after having too much to drink. A drunk driver puts not only himself at risk, but also every other pedestrian and driver on the road. Countless lives are lost or seriously impacted each year because of the reckless behavior of drunk drivers, and if you are among this unfortunate statistic, a personal injury attorney can be of valuable help in pursuing the damages you are deserved.
A vast number of car accidents are caused by intoxicated drivers, and while they will surely be held criminally liable for their DUI offense, they must also face the music for the medical bills, pain and suffering they inflict upon victims and their families. Accidents can cause not only catastrophic injuries to the head, spinal cord, brain, and neck, but all too often, wrongful death. A full third of all fatalities on the road each year are caused by drunk drivers. These senseless events could have been prevented simply from the drunk driver staying off the road, and justice must be meted when such tragedies occur.
Drunk Driving Accident Lawyer
If you or a loved one was a victim of the deplorable actions of a drunk driver, we can help. Our legal team can offer knowledgeable and skilled legal counsel to both injured parties and family members who have lost a loved one. We are dedicated to helping you through this difficult time and to aggressively pursuing justice and compensation.
Why delay in protecting your vitality and legal rights? Contact a Drunk Driving Accident Lawyer immediately.
Car & Auto Accidents
If you or a loved one has been injured in a car or auto accident you will find yourself having to deal with medical care, insurance companies and the many other complications that may result from your accident. Many insurance firms will attempt to settle quickly and while that may seem helpful at first, it can cause difficulties later if complications arise later and you have already accepted a final settlement. To protect your rights and to ensure your get the medical care and other compensation you deserve, you should speak to a personal injury attorney at our office before you agree to any settlement offers you may receive.
We are dedicated to serving the best interests of car and auto accident victims. We will meet with you in a free consultation and review the details of your accident. If you were injured as the result of the negligence or recklessness of another driver, you may be entitled to financial compensation for not only your injuries and medical bills but also any lost wages and any pain and suffering. It is in your best interests to have a lawyer experienced in car & auto accident cases review your case and inform you of your options.
Auto Accident Attorney
Whenever there are injuries caused by an accident, even those that seem minor at first, you may find that any settlement your are offered to cover your initial medical treatments will not cover additional complications or long term care that you require. We can help you by making sure your medical diagnosis is thorough and your treatment is skilled and comprehensive. We will investigate the details of your accident to assess all the causes and factors that led to your injuries. We can help you negotiate with the insurance companies to make sure that you receive a full and fair settlement. If that proves difficult then we are prepared to file a suit on your behalf to recover the compensation you deserve. Call our offices today and we will answer your question and advise you of your rights.
Contact a Car Accident Lawyer if you have been involved in a car accident. We can protect your rights and help you receive the settlement you deserve for your injuries and damages.
Legal Counsel for those Impacted by Transportation Accidents
We all depend greatly on our country’s fine system of roads and highways, whether we live in a rural or urban setting. We rely on our cars, trucks, bicycles and buses to get us to and from work, play, and chores. Many different personal and commercial vehicles – as well as pedestrians – all share the road and when others are not diligent in their duty to drive safely and without impairment or distraction, we all stand at serious risk for injury. If you or a loved one has been injured due to the negligence of another driver, it is crucial that you immediately procure excellent legal counsel from a personal injury attorney.
Transportation accidents can occur for many reasons. Perhaps a motorist who has had a little too much to drink decided to endanger us all by getting behind the wheel drunk. Or maybe an overtired and overdriven truck driver, desperate to finish his haul, causes an accident because an impaired ability to drive. Or maybe a distracted or untrained bus driver wreaks havoc on the road with his oversized vehicle. Not a person who shares the road, whether on 18 wheels, 4 wheels, 2 wheels or on foot, can avoid the perils of an accident when the unpredictably negligent actions of another driver enter into the equation.
Transportation Accident Lawyer
Our attorneys are ready to help those who have been injured in a transportation accident. Our dedicated team of lawyers has over 40 years of combined experience in helping injured victims recover just compensation, including incidents such as car accidents, truck accidents, motorcycle accidents, bus accidents, bicycle accidents and even drunk driving accidents. You can put your trust in our firm to treat you with respect and to communicate frequently during each step of your case. We understand the stress that is associated with accidents relating to transportation and will therefore do everything possible to provide our clients with cohesive, responsive and effective legal assistance when it is needed most.
Contact a transportation accident lawyer as soon as possible for legal assistance after experiencing injury caused by the carelessness of another.
Truck Accidents involving Semis and 18 Wheelers
If you or a loved one has been injured or killed in an accident involving a truck, semi or 18 wheeler, you will be faced with a much more difficult and complex situation than an accident involving another car. Liability issues can be quite complex in these circumstances. The insurance companies that represent trucking firms are very quick to act and often will attempt to settle insurance claims for a very small amount as quickly as possible. To protect your rights and be sure that you receive a settlement that pays not only your medical bills but also for other damages such as loss of wages and your pain and suffering you should contact a skilled and knowledgeable truck accident attorney. For more information and a free consultation, call a personal injury lawyer at our office. We are dedicated to helping victims of truck accidents get the settlement they deserve for their injuries.
Insurance companies are in the business of saving money and will often try to settle with victims of a truck accident quickly and for an amount that may not fully cover your medical bills. If your accident was the result of another’s negligence or wrongdoing you are entitled to receive compensation for more than just your medical bills. We can help you receive additional compensation for any lost wages, additional damages and for your pain and suffering.
Truck Accident Lawyer
We are prepared to aggressively pursue the maximum settlement possible on your behalf for truck accidents involving:
Big rig rollover accidents
Tractor-trailer jackknife accidents
Unsafe or unsecured load caused accidents
Runaway truck accidents
Drivers who fall asleep or are under the influence of alcohol (DUI) or drugs (DUID)
Our firm is prepared to do a full investigation into your accident to establish any and all factors that contributed to your injuries. In some cases, there can be defective vehicle manufacturing or unsafe road conditions that contributed to your accident. If so, you are entitled to pursue additional compensation from any additional parties for their negligence. Speak to us today and we will review your accident and explain your options clearly. Don’t settle for less than you deserve.
Contact a Truck Accident Lawyer and find out how we can help you receive the full settlement you deserve to pay for your medical bills, lost wages and pain and suffering.
Legal Care for Injured Pedestrians
The freedom of being able to walk to work, retail, and recreational activities can be a wonderful plus of living in an urban area. Many of us are afflicted by the rising cost of gas, the stressful annoyance of traffic gridlock, and the detriments of smog and vehicle emissions. We also are leading increasingly sedentary lifestyles and could all use more physical exercise, which pedestrian transportation can obviously provide. But some drivers can be quite careless in their sharing of the road with pedestrians, and because the human body – unprotected – is no match for the physical force doled out in an accident, those on foot can incur grievous injuries in a flash. A personal injury attorney can offer valuable legal guidance to you if you have been injured by another driver.
The list of impactful injuries a pedestrian can face is stark: traumatic brain injury, spinal cord injuries, organ damage, broken bones, burns and lacerations – the list goes on and on. Pedestrians can do all within their power to avoid injury by diligently following the lead of posted signage and traffic signals, staying within crosswalks, looking twice for errant motorists and road hazards, and staying off limited access highways or roads. Yet a drunk, reckless, or simply distracted motorist can assault even the most careful and observant pedestrian, and these drivers must be held liable for the great physical and financial pain they cause.
Pedestrian Accident Attorney
Our skilled team of lawyers comprise a respected legal firm dedicated to integrity and success. We have assisted countless clients in pursuing personal injury and wrongful death claims after they and their families have been impacted by negligent parties. You can receive this same outstanding and proven representation by procuring the services of our team, and you will find our attorneys to be not only highly competent but also caring and understanding of your needs.
Pedestrians stand at significant risk for grievous injury, and if you have been hit by another driver, you can contact a Pedestrian Accident Lawyer for immediate legal care.
About Motorcycle Accidents
Motorcycle accidents can cause much more damage to the rider than to the driver of the other car or truck that may have been involved. Almost all motorcycle accidents cause serious or catastrophic injuries. Some result in the wrongful death of the rider. If you or a loved one has been injured, disabled or killed in a motorcycle accident that was the result of another’s negligence, you should speak to a personal injury attorney at our office immediately. We can assist you with getting you the medical care needed, even if you have not received an insurance settlement offer yet. We can help you negotiate with the insurance companies to fight for the full compensation you require for your injuries, losses and pain and suffering.
We understand the trauma and upset that a motorcycle accident can cause. To protect your rights and to help you get all the financial coverage you are entitled to, having a skilled and experienced motorcycle accident attorney to represent your best interests can put your mind at rest. We understand that insurance companies will often attempt to pay a quick and cheap settlement as soon as possible. Before accepting any settlement offer you should let us review the circumstances of your accident. This can prevent you from giving away your right to get the complete and comprehensive settlement that you may deserve.
Motorcycle Accident Attorney
Insurance companies often hold to the belief that in any motorcycle accident the rider was at least partially to blame. This makes them offer a reduced settlement compared to what the rider actually may need for his injuries. We are dedicated to protecting the rights of motorcycle accident victims and are prepared to fight aggressively with their best interests in mind. Especially in case where the accident involved another driver and whose negligence was responsible for your injuries, we can help you make the necessary claims against them to get additional compensation for such things as lost wages and your pain and suffering. Protect your rights and get the full settlement amount you need for your medical bills and other damages. Call our offices today for a free consultation.
Contact a Motorcycle Accident Lawyer if you or a loved one has been injured or killed in a motorcycle accident. We can help you get the compensation you need for your injuries or loss.
Have you been injured in a bus accident?
Many people depend heavily on bus transportation to get them to and from work and to care for their needs each and every day. In urban areas especially, people have chosen not to even own a car because of high gas and parking costs, so safe and quality public transportation is crucial. Roads are clogged with traffic, and commuters can leave that stress and worry behind by taking the bus. Others depend on buses for long-range and group transportation needs. Countless school children rely on bus transportation to get to school and back safely. A bus driver should be well-trained, diligent, and respectful of other drivers on the road and the passengers on the bus, and when he or she fails at this duty, it can lead to accidents. If you have been injured in such an accident, a personal injury lawyer stands ready to help you.
Both public and private bus companies must hire safe drivers and train them well before putting them behind the wheel of such large and powerful vehicles. If they fail at this duty, they can be held responsible for a rash of ensuing liability issues. Drivers themselves put everyone on the road at risk when they:
Lack proper training, experience or temperament
Drink alcohol before or on duty
Drive under the influence of drugs
Do not receive proper rest or pull long/double shifts
Are distracted by passengers, cell phones, radio, and other factors
Are negligent in strictly following traffic laws
Bus Accident Attorney
When in need of outstanding legal counsel after sustaining a bus accident-related injury, you can count on our attorneys. Our team has been recognized by such organizations as “Super Lawyers,” and has countless years of collective experience in achieving successful results for personal injury clients with a wide variety of needs. Your case is very important to us, and we are deeply concerned for your well-being and interests.
Contact a Bus Accident Attorney today for swift legal advocacy.
Helping Victims of Workplace Injury
Our jobs are a very important part of how we spend a great many hours of our week and are crucial to our livelihood and financial stability. But what happens when we sustain an injury at the workplace? Who stands responsible? Literally millions of people sustain injuries – from minor to life-changing – on the job each year. Thousands of these result in extremely serious afflictions and even death. Laws are in place to protect workers and you can find out more if you have been affected by a workplace injury by contacting a personal injury lawyer.
The circumstances leading up to your injury will have a great deal to do with how you may approach receiving the compensation you deserve. In many cases, worker’s compensation will be the only avenue down which to pursue benefits, but if a third party was involved in the injury, you may also be able to file a civil personal injury lawsuit against them for financial damages as well. After receiving proper medical care from an approved provider, keeping well-documented records of the incident, you should procure excellent legal help to ensure that your rights and best interests are protected.
Workers’ Comp Lawyer
If you have been the victim of a workplace accident that resulted in an injury such as an amputation, you should not hesitate to contact an attorney experienced in the laws pertaining to workers’ compensation. By working with a lawyer that you can trust, you can take the necessary steps towards filing a workers’ comp claim. By seeking this avenue of action, a workers’ comp lawyer can help you to understand such issues as work comp benefits and medical treatment and what can be done should you be forced to deal with a denied claim.
The rights of injured workers should never be violated and the right lawyer will be able to help ensure that yours are not. No matter if you are an airport worker, a FEDEX or UPS employee or the employee of another company, if you have been injured on the job, you have rights to just compensation that should not be ignored. Talk to an experienced lawyer today to learn more about what can be done to help you achieve your just outcome.
Our legal team is ready to assist those who have been injured on the job with caring and aggressive legal representation. With 40 years of collective experience, our lawyers are highly respected and have a track record of success. You can trust our firm to exhibit dedication and commitment to your case and to work tenaciously towards a full and just resolution.
Contact a work injury attorney as soon as possible for an important consultation.
Personal Injury Lawyer
We go about our work each day, rarely considering that our job can lead is down a perilous path in an instant. One of the most unpleasant and serious injuries one can have at the workplace is one that leads to an amputation. It is a frightening thought – and one we would rather not consider – but a distinct possibility, nonetheless, especially for those who work regularly with heavy equipment, materials, and machinery. When the unpredictably negligent behavior of another enters into the equation, even our own diligence cannot protect us from these horrible incidents. If you have been involved in a workplace accident that led to an amputation, make immediate contact with a personal injury lawyer for caring help.
What can lead to an amputation? Generally, when there has been serious trauma to a limb, such as crushed bones, critically torn ligaments, or subsequent infection or healing issues, an amputation can end up being necessary to save the rest of your body from peril. It could happen for reasons such as a car accident, machinery malfunction to the gross negligence of another worker. Not only will the physical recovery be painful and expensive, but the psychological effect and permanent lifestyle change can be a nightmare.
Personal Injury Attorney
Your physical health and receiving immediate medical care are the most important considerations after a workplace accident. But you will also need outstanding legal counsel to help you with workers’ compensation claims and possible lawsuits against a third party. Our legal team can offer immediate and caring attention to your case and is dedicated to aggressive representation and intimate client care.
We understand the difficulty you are going through after an amputation. Contact a Personal Injury Attorney without delay for trusted legal guidance.
Personal Injury Lawyer
To ensure that you do not fall victim to missed deadlines, miscommunication, insufficient documentation and claim denials after you have suffered a workplace injury, it is important to be well-informed about the claims process. A personal injury lawyer has the knowledge and skill you need to ensure that your rights are not violated and that critical errors in your claim are not made, and it is advisable to procure exemplary legal help as soon as possible. Important workers’ comp benefits and medical treatment rights are available to you.
After you have sustained an injury on the job, whether it be due to a single or repeated incident or due to long-term exposure, it is crucial that you immediately inform your employer. If possible, you should do this before receiving medical treatment, because your employer may need to refer you to a physician covered under their workers’ comp insurance. Once you have received medical attention, you will need to fill out a Department of Workers Compensation (DWC) Form 1, which is available from your employer or the Department of Industrial Relations. This form should be submitted as soon as possible, and claims administrators are required to authorize up to $10,000 in medical expenses within one day of your claim submittal. As part of the ongoing claims process, it may also be necessary for you to consult with a qualified medical examiner to determine the extent of your disability and to fully evaluate your workers’ compensation claim.
Personal Injury Attorney
We know that many questions arise and complications may develop during a workers’ comp claim process. We are committed to protecting your rights and to making sure obligations are met by your employer. It is very wise to have a legal team on your side during the entire claims process so that you can have peace of mind, focusing your primary energies on physical recovery.
Trust our skilled lawyers to provide invaluable help. Contact a Personal Injury Attorney today to begin work on your claim.
Personal Injury Attorney
It happened in a flash, and now you are suffering from a painful injury related to an accident at the workplace. What should you do next? Who can you turn to for trustworthy and educated guidance? You know that powerful rights and benefits are available to you, but you may have no idea where to begin with the claims process – this where a personal injury attorney can be of invaluable assistance. Immediate help is available to you from an outstanding legal team.
There are many important reasons to seek the help of a worker’s compensation attorney. You are filled with concerns and you want a strong legal advocate on your side. It is important to not allow your judgment to be clouded by your employer relationship, and you understand that a lawyer will know the worker’s comp process fully and can help you from being taken advantage of. You can increase your confidence that full medical treatment and disability benefits will be available to you and you will know that the headaches that come with personally preparing and arguing your claim will not exist when you hire an attorney. You may even be afraid your rights will not be fully recognized by your employer, or that you could be subject to negative consequences. No one deserves such treatment and a lawyer can assist in preventing it.
Personal Injury Lawyer
Our team of attorneys have been helping injured victims for a collective 40 years. Recognized by “Super Lawyers,” our firm is respected and equipped with the knowledge and resources you need to mount a successful worker’s comp claim and to pursue lawsuits against negligent third parties when necessary.
Why delay in protecting your rights to the fullest? Contact a Personal Injury Lawyer today for strong legal advocacy.
Personal Injury Lawyer
Being injured due to a workplace accident can turn into a nightmare. Protection of your legal rights is a very important matter that must be diligently pursued. Under law, you are afforded certain important recourses to benefits should you become injured on the job. Unlike in personal injury lawsuits, workers’ comp claims are decided on a “no-fault” basis. This means that fault will not have to be proven in most cases to obtain benefits if you are injured at work, whether your injuries or illness resulted from a single or repeated incident or emerged from continuous exposure. It also means that you will not be able to file a lawsuit against your employer in most circumstances. For further information about your rights as an injured worked, knowledgeable guidance is available from a personal injury lawyer.
The Labor Code contains guidelines for workers’ compensation benefits. If you can prove that your injury or disability is work-related, then your employer’s insurance company (or in some cases, your employer directly, if they are legally self-insured) will cover your medical bills and lost income at no cost to you.
Personal Injury Attorney
Obtaining benefits and ensuring that your rights are protected to the fullest after sustaining a work injury can be complicated, frustrating and difficult to accomplish fully without the help of a skilled legal team. Our attorneys have a combined 40 years of legal experience and success in a wide range of personal injury and workers’ compensation cases. Procuring the services of our firm can help you rest easier and allow pressure to be taken off of you and your family as we aggressively fight for what you deserve.
Protecting your rights can be enhanced by making a simple phone call. Contact a Personal Injury Attorney today for trusted legal help.
Do you need help with a workers’ comp claim?
The great majority of states have strong laws in place that protect workers from the injuries they may face while on the job. Most have mandatory public or private insurance funds that employers must participate in to cover medical bills and lost wages for workers if they become injured. This helps to protect not only the worker, but also the employer. Instead of costly lawsuits being necessary, an employee simply goes through the claims process to obtain financial help from the insurance company. Participation in workers’ compensation is optional for businesses in the Texas, however. Having a skilled personal injury attorney on your side can be crucial in ensuring proper procedure is followed and that your rights are full protected.
After a workplace accident or injury, your employer will make the initial selection of a physician, generally provided from within a “medical provider network.” Under some circumstances, however, use of a personal physician may be allowed. Make sure you are in dialogue with your employer immediately if you are injured so that proper steps are taken. There is a three day waiting period to receive compensation benefits after an injury is incurred, and compensation becomes retroactive after 14 days if a disability continues or a worker is hospitalized.
Workers’ Compensation Attorney
You are entitled to receive the money necessary to cover your medical bills and at least a portion of lost income through the workers’ compensation system. Unfortunately, the process can be confusing and even adversarial at times. With the sound representation that our firm can provide, you can rest assured that important steps in the process will not be omitted and that your needs will be swiftly met. Our team is dedicated to your physical and financial recovery.
For an important consultation regarding workers’ compensation, contact a Workers’ Compensation Lawyer today.
This section is to provide a basic overview of what to do when involved in a personal injury matter. Please note that this site is not intended to provide legal advice. If you have further questions or concerns, you should consult with an attorney.
What should you do if involved in an automobile accident?
If you have already been involved in an accident, it may be too late for this section.
If you are involved in an automobile accident, you should do the following:
Obtain the name and driver’s license number of the other driver
Verify that the other driver has proof of insurance
Obtain the name, address, and phone number of any witnesses
Observe your surroundings. Write down the time, the condition of the roads, and the weather conditions
If you keep a camera in your car, and it is safe to do so, take pictures of the vehicles before they are moved. At the least, try to take pictures of the license plate and full views of the other vehicle
Notify your insurance carrier, even if you do not believe you were at fault
When possible make notes of whatever you remember
Do the police need to be called?
Depending on the jurisdiction, a police officer will not come to the scene unless there is an injury involved, or one of the vehicles is disabled.
What if you are injured?
See a doctor as soon as possible. Tell the doctor all the parts of your body which are hurt. Make sure the doctor correctly documents your injuries.
What if you do not have insurance?
Under law, if you are driving without insurance your damages are limited to your actual damages. You are not able to obtain a recovery for your pain and suffering.
Here are some common questions regarding the Workers’ Compensation system. The information contained in this section may not be different depending on the Labor Codes may not be applicable in all states. This page is not intended to provide legal advice. If you have any questions regarding your injury, or specific rights under Workers’ Compensation, you need to consult an attorney.
What is Workers’ Compensation Insurance?
Insurance employers purchase to cover work place injuries.
What should you do if you are injured while at work?
First you should notify your employer, and request that the compensation insurance carrier be notified.
Ask your employer to refer you to a doctor. In the employer can “control” your medical treatment for the first 30 days. This means that your employer can determine what doctor you will treat with. After this time has run you have the right to change doctors.
At the first appointment, tell the doctor exactly how the injury happened, and all parts of your body that are hurting. Be sure the doctor documents all your complaints. If a complaint is not reported to the insurance carrier, it could impact your ability to recover benefits later on.
Make sure you keep your doctor appointments. Failure to do so could affect your right to collect benefits. Also, keep your employer and the representative from the insurance company updated on your treatment. Doctors do not always give prompt updates. You do not want to risk having your benefits suspended.
Are you covered under Workers’ Compensation when you are away from your employer’s location when the injury takes place?
Depending of the facts surrounding the injury, you may or may not be covered under Workers’ Compensation. For instance, if you are injured while traveling for your employer, you are most likely covered, whereas if you are injured while on a break, you are most likely not covered. If you are not sure, you need to consult with an attorney.
What if you re-injure a part of your body?
If you are injured on the job you have the right to collect benefits. A preexisting condition will not affect your rights to obtain medical treatment or disability payments. It may affect your right to permanent disability and retraining.
What if you or a co-worker caused the injury?
Workers’ Compensation is a no fault system. As long as you are not filing a fraudulent claim, or have not deliberately caused the injury, you are entitled to benefits no matter whose actions caused the injury.
What if the injury was caused by someone you do not work with, or by a product or machine?
If a person you do not work with caused the accident, or the injury was caused by a malfunctioning product or machine, you are still entitled to Workers’ Compensation benefits. In addition, you may have grounds to recover damages from the other party not covered by Workers’ Compensation. You should consult an attorney if you believe someone other than a co-worker caused the accident. Be sure your attorney knows you have received compensation benefits, since under Law you may have to reimburse your employer for the benefits received under Workers’ Compensation. Unlike Workers’ Compensation, civil lawsuits are fault based. Depending on the facts surrounding the injury, if you or a co-worker caused the injury, this fact will reduce your potential recovery.
What benefits are you entitled to under Workers’ Compensation?
First, you are entitled to medical care under Workers’ Compensation. If the doctor determines that you can no longer work your current job you may be entitled to disability payments. At some point the doctor will write a “permanent and stationary” report and provide a “rating”. You may then be entitled to permanent disability payments. Lastly, if the doctor determines that you can no longer work at your current job, you may be entitled to rehabilitation or training for a new job.
Do you need a lawyer?
This is a decision you need to make depending on your situation. If you are satisfied with the treatment you are receiving by your employer and the doctor, then you may not require counsel. However, if you have any questions or concerns, you should see an attorney. Most lawyers will provide a free consultation. You can decide then whether you require formal representation. Remember that attorney fees under Workers’ Compensation laws are set by statute.
Personal Injury: Why Do You Need a Lawyer?
The insurance companies have taken a new approach to personal injury claims: “We don’t care” seems to be the new war cry that echoes so clearly in today’s personal injury landscape. Injured people who try to “do it themselves” in order to avoid large fees for representation by an attorney are finding themselves face to face with Goliath companies that really just don’t care whether they win or lose, as long as they can hold on to their precious cash as long as possible. The average time it takes to settle a claim, even when there is no issue as to fault, has doubled in the past 5 years.
Even worse, the insurance companies know that the vast majority of people who bring claims against them for injuries received at the hands of negligent drivers lack the resources and the willpower to fight them on their own turf. Even when a lawyer is involved insurers have decided that, in the vast majority of cases, it is in their best interest to delay payment as long as possible.
Why have the insurance companies adopted this strong emphasis on delay? The answer has two components. To begin with there is absolutely nothing in the law that requires a third-party insurance company to act in good faith in dealing with claims for damages caused by their clients. But for the most part, its about the time value of money. Insurance companies have realized that the longer they hold on to the millions of dollars they eventually pay out to injured people, the more interest that money is going to earn over time.
More importantly, delaying a payout for 6 months or more gives them the power of cash-on-hand. Controlling cash payouts amounts to the insurance company using someone else’s cash, interest free, for a much longer period of time than any lender would ever give. Insurance companies do not make their profits through collecting premiums — the margins of profit on sales of insurance are razor-thin. Insurance companies make money through investing the money they keep on hand. They use the money they will ultimately pay out to invest in stocks, bonds and mutual funds, all managed by their own institutional investment specialists. They have realized that, if they are going to have to pay it out either way, they may as well use that cash as long as possible and earn money with it —especially since there is absolutely no downside to the insurance company. They have to pay it out either way; they simply don’t care.
What can injured parties do about this? The attitude of today’s insurance companies makes it more important today than ever before that an injured person seek the advice of an attorney as soon as possible after the incident which caused the injury. The invaluable advice the personal injury attorney can offer as to how to deal with the insurance company, how to fully and properly document the existence of the injury and its extent, how to show the insurer or insurers the profundity of the impact the injury has had on the lifestyle of the injured person, is, unfortunately, absolutely necessary in today’s personal injury claim. Finally, the insurance adjuster who will pay out a claim just to move it off his or her desk no longer exists. Today they must be convinced to pay, convinced by someone skilled in arguing liability, causation, injury and impact. Without the thorough knowledge in these areas that the personal injury attorney possesses, today’s adjuster would rather sit on the money, increase the chance that the injured person will settle low, and resist payment as long as he or she possibly can.
Most people who are injured in an accident have never attempted to collect a claim for damages, and the insurance industry spends millions of dollars advertising how generous, caring and supportive it is. Thus, the vast majority of injured people come into a personal injury case without any sense of the insurance companies’ philosophy regarding payment of claims. We consistently see Clients in our offices who have attempted to collect a reasonable amount from an insurance company for their injuries —many times merely asking the insurance company to simply pay them for property damage, medical bills and out-of-pocket expenses —who have met with antipathy, aversion and sometimes outright antagonism and rejection of perfectly legitimate claims. Many times these Clients have made statements to the insurance company that are harmful to their claims, and they almost always have failed to properly document their injuries or to preserve their claims through taking steps necessary to do so. The result is a much more difficult case for the lawyer and in the worst cases a significant reduction in the probability of recovering the full amount due the client.
Insurance companies also know that many people have a certain moral apprehension about bringing a lawsuit and are therefore somewhat reluctant to seek money damages in compensation for their injuries. One of the major issues in personal injury law today is how far an insurance adjuster, who’s interests are adverse to the injured party’s interests, can go in communicating with that injured party before the adjuster is considered to be giving legal advice. Many of the major insurance companies have been sanctioned or threatened by the courts with sanctions for giving legal advice to injured people who they are supposed to be paying.
Thus, it is important to remember a few things if you are injured by another person’s negligence. First, the insurance company is not your friend as long as you are looking to it to compensate you for your injuries. Your best interests are in conflict with the insurance company’s, and this applies whether it is your own insurance company or the other party’s.
Second, when you are injured by someone else’s negligence, that injury can be and is measured in monetary terms. If someone negligently damages your car, you go get an estimate for repairs and that is the measurement of the extent of your injuries. Most people are comfortable with this deal; there is no moral dilemma here. If you happen to be in the car when it is damaged and you yourself are injured in the accident, however, you have a claim not only for the damage to your car, but also for the injuries you have sustained at the hands of the person who irresponsibly caused the accident.
This is the point at which many people begin to feel uncomfortable about seeking compensation. It is important to remember, however, that there is no difference between damage to your car and damage to your person, at least in terms of a right to compensation. The only distinction between the two is how to value that damage. You cannot take yourself to a body shop and get an estimate for repairs. This, I think, is the source of much of the reluctance to seek compensation for injuries sustained that we see. People tend not to want to place a pecuniary value on human beings. This problem is particularly difficult when, in the worst circumstance, someone is killed in an accident. The emotional trauma in these kinds of cases is so great that many people don’t want to even consider the conflict involved in a lawsuit.
Good lawyers understand these issues and remain sensitive to the client’s fragile emotional state in trying times. Your lawyer should treat you with respect, candor, and should provide you with extensive counseling and information regarding your claim. You should maintain control over all issues regarding the ultimate outcome of your case. We also understand, however, that the person who caused such losses is responsible for them, in a very real, very moral sense. That person should be held accountable for their actions. There are also substantial economic reasons for pursuing a claim against that person. Our entire system of compensation has developed over the past two hundred and fifty years primarily to allocate economic loss in the most efficient manner possible. Efficiency, in this sense, means putting the burden of loss where it makes the most sense economically, and to provide incentives for people to behave themselves in an industrialized, dangerous society. It is the way we protect ourselves from bad things happening and the way we make sure that, when bad things happen anyway, we compensate those who have lost something because of someone else’s wrong behavior. Insurance is the primary mechanism for achieving this efficiency, and this is why insurance is mandatory in every state in the Union for those who choose to drive a vehicle on our roads.
This leads us to the final point you should always remember when and if you are injured in an accident: the insurance companies of today are corporations that are in business to produce profits for their shareholders, not to provide the mechanism toward efficient distribution of loss caused by the negligence of others. Thus, your interests are averse to the insurance company’s, and you should possess a heightened awareness of this any time you need to seek compensation under our system. For this reason alone, the expense of hiring an attorney is almost always more than worth it. A good attorney can and will tell you whether or not hiring him or her will be cost effective in the end.
The insurance company of today will almost always resist payout vigorously and for as long as possible. You should not discuss your claim with an insurance adjuster, excepting your PIP adjuster for any vehicle damage. If you are physically injured, you should contact your attorney as soon as possible after the accident in order to ensure your claim is properly documented and your treatment is handled in a way that will be acceptable to the insurance company that will ultimately pay your claim. You want an attorney that will vigorously pursue the insurance company and that knows how to handle the roadblocks they try to throw up during the course of litigation. It is equally important, however, that your attorney remain sensitive to your and your family’s needs and concerns during the course of a legal action that may otherwise be overly stressful during a time of difficulty.
If you are an injured person and you want excellent representation in your claim, we welcome you to call us for a no-charge consultation. We will explain your rights quickly and clearly and will counsel you as to your best course of action. We will explain why it does or does not make sense to hire a lawyer to represent you. Finally, we will show you how we take the burden of pursuing your claim off of you and provide you with the services you want and need while maximizing your ultimate recovery.
1. THE INSURANCE COMPANY IS NOT YOUR FRIEND.
If you’ve been hurt in an accident its important to understand the real agenda of the insurance company in your case. First, understand the insurance company is not your friend, they are not looking out for you, they are only looking out for their own interests. See, insurance companies exist for one purpose only, to make money. Insurance companies make money by selling insurance and receiving premium payments, they then invest this money and make even more money. Insurance companies lose money by paying out benefits (money) to people hurt in accidents caused by the people they insure. Since you are one of those people who want the insurance company to pay you money you represent a potential loss to the insurance company and insurance companies hate losses, cause that really sets back that whole exist only to make money thing. Never forget these simple facts, they are the basis for everything the insurance company does, they have only one goal, that is to close your case without paying you anything or if they have to pay you something, to pay you as little as possible.
2. INSURANCE COMPANIES PAY ALMOST THREE TIMES MORE MONEY IN CAR ACCIDENT CASES WHEN THE INJURED PERSON IS REPRESENTED BY A LAWYER.
This fact comes straight out of an insurance company training manual. While the manual was primarily talking about car accident cases, we believe it applies to most personal injury cases also. Paying three times more money to injured people who have retained legal counsel certainly explains why so much of an insurance adjusters time is spent trying to discourage accident victims from talking to lawyers. When you think about it, it makes sense, of course people without representation who have essentially no knowledge or experience about personal injury law, wont be able to negotiate nearly as effectively as a trained, attorney. Since insurance companies sole reason to exist is to make money, its clear that keeping injured people and lawyers apart makes good business sense for them but not for you.
3. HIRING A LAWYER DOESN’T MEAN YOUR CASE WILL TAKE YEARS TO BE SETTLED OR MEAN YOU WILL HAVE TO GO TO COURT.
A lot of people think that hiring a lawyer delays the legal process so that their case will take years to be completed. The truth is, this is usually not the case. At our firm most accident cases are finished in one year or less. We usually figure that a case will be all done within 60 to 120 days after we receive your final medical records. As far as your fear of having to go to court, don’t worry, it is rare that any of our clients will ever have to go to court or even sit for a deposition. Through a lot of hard work we have developed a reputation in the legal community that allows us to fairly settle most of our cases without the needing to subject our clients to these unpleasant parts of our legal system. In short, don’t worry, your case will probably be settled favorably in months not years and very few of our clients ever have to appear in court.
4. YOU DON’T HAVE FOREVER TO TAKE CARE OF YOUR ACCIDENT CASE.
Unfortunately, this is the case. There are definite time limits in taking care of your case. These time limits are called statutes of limitations and if you wait past the time set out in the statute your case is over, forever, regardless if you have gotten any money or not. Don’t let this happen to you. If you have an accident, don’t wait until its too late, call our office now.
5. IT DOES NOT COST YOU ANY MONEY IN ADVANCE TO GET A LAWYER IN AN ACCIDENT CASE.
At our firm our policy in accident cases, as well as our other injury cases, is that we never charge you any in advance legal fee. The only way you ever pay any legal fees or expenses is at the conclusion of your case and then only out of the money we were able to recover. If we are unsuccessful and no money is collected any costs we incurred is our expense and of course you owe us nothing for our time. We believe we should make money only after we make you money. Thats why it doesn’t cost you any money in advance to get a lawyer in an accident case.
While each client and case is different, every personal injury victim shares pain, financial concerns, and a right to hold those responsible for the accident accountable. Not surprisingly, a substantial portion of our personal injury cases here at our firm are related to automobile accidents.
Auto accidents are the leading cause of death for U.S. citizens aged 34 and younger. Annually, auto accidents are responsible for over 40,000 deaths. At an average rate of 115 fatalities per day, auto accidents cost a staggering $150 billion yearly. Everyone is likely to be involved in at least one auto accident in his or her lifetime.
If you have been injured in a preventable automobile accident, or have lost someone to a fatal mishap, you may be entitled to recover monetary damages from those responsible. To succeed in a claim against another driver, it is necessary to show that he or she was negligent, that is, failed to act reasonably and in a manner which respects the safety of other drivers. Litigation is intended to restore the injured person to the position he or should would have been in had the accident never occurred. While money can never compensate adequately for serious personal injury or death, an innocent party is entitled to just and fair damages to compensate so far as is possible for their injury and losses.
Legal cases are won or lost on the available evidence and the following information should be obtained and preserved for your attorney as soon as possible:
The other driver’s name, address, date of birth, telephone number.
The other driver’s license number and insurance company name and policy number.
The name and badge number of the attending police officer.
The names, addresses and phone numbers of any witnesses.
Attend a doctor or hospital to document any injury.
Make a detailed personal note about the accident as soon as possible.
A diagram of street layout, position of vehicles and location of witnesses.
Photograph the accident scene, damage to the vehicles and any visible injuries.
Common auto accident injuries include whiplash, head and brain injury, paralysis, and joint, bone, and muscle injuries. Auto accident victims should seek medical attention as soon as possible if they believe they are injured. Auto accident claims for damages resulting from injuries usually depend on medical records linking the auto accident to the injuries received. In general, auto accidents are handled through each party’s insurance company, and settled fairly quickly. However, it is important to remember that insurance is first and foremost a business, so what is best for you is generally not in the insurance company’s best interest. Backed by a team of team of adjusters, investigators and attorneys, the insurance company’s objective is to minimize the amount of money that they pay out. At our firm, we advise our automobile injury clients on our “Golden Rules” of insurance companies:
The insurance company is not your friend. As a business, insurance’s goal is profit. Their team works to eliminate payments or to pay as little as possible.
The insurance company is always represented by an experienced car accident lawyer. Should you choose not to be represented by a qualified attorney, you will face the considerable resources of a powerful company without help.
Insurance companies pay almost three times more money in cases where the victim is represented by a lawyer. This fact comes straight out of an insurance company’s training manual.
In some cases, accidents that result in personal injury or extensive property loss lead to lawsuits. Damages sought in those cases can include the cost of medical treatment, loss of property, and loss of wages.
If you are an accident victim, you may be too overwhelmed by physical and emotional trauma to even think about your rights, responsibilities and the future. At our firm, we make your interests our priority. Do not settle for less than fair compensation.
Hiring an attorney does not mean that your case will take years to be settled or require that you go to court. With our legal team, your case will probably be settled favorably in months, not years. Few of our clients have ever appeared in court.
Our policy in car accident cases and other personal injury cases is to never charge an “in advance” legal fee. We believe we should make money only after we make you money. Personal injury law is complex and negligence can be difficult to prove. When you need the support of a strong team of legal professionals, please call our office for a free consultation.
Almost six million people are involved in auto accidents across the United States each year, according to recent data from the U.S. Bureau of Transportation Statistics. In one year, more than 42,000 people died in car and truck crashes and more than 2.5 million people were injured. If you are injured in an auto accident, you need ardent and effective representation by a skilled auto accident attorney.
Our highly regarded auto accident lawyers have represented clients in various types of automobile accidents, such as trucking crashes, automobile collisions, wrongful death and other personal injury claims. We will be with you every step of the way during the complex judicial process surrounding your recovery of damages for an auto accident.
If you are in an automobile accident, and have suffered an auto accident injury, you should immediately seek medical attention, where you will get the care you need as soon as possible. Be sure to document the extent of your injuries.
Before accepting a settlement offered by an insurance company, consider getting a free consultation with an auto accident attorney, one who has years of experience with effective representation of auto accidents.
Aggressive and confident auto accident attorneys who are willing to take your auto accident injury case to trial will help you maximize the compensation you receive. Because claims adjusters for insurance companies have their own legal representation, it is in your best interest to level the playing field by getting help from one of the best auto accident attorneys in our firm. We are highly regarded among auto accident lawyers and has a proven track record in obtaining compensation and justice for auto accidents.
If you have a car accident injury, you may have difficulty getting around and you may even be unable to work. Having an experienced accident lawyer working on your case can help relieve your worries about lost time from work and mounting medical expenses. We will work to negotiate with your insurance company but will bring an auto accident lawsuit if all else fails.
In addition to your medical expenses and the cost of repairing your car or other property damaged during the accident, you can be compensated for loss of income if you are injured in a car crash and cannot work. You can also be compensated for your pain and suffering. In cases where extreme recklessness or neglect can be shown on the part of the driver or even the automobile manufacturer, the court could award punitive damages in order to send a message to other drivers or manufacturers that such conduct will not be tolerated in our society.
Contact an automobile accident attorney so that we can provide you and your family with the wealth of our experience for your personal injury case to protect your rights and seek fair and reasonable compensation for your loss.
A Power of Attorney is a document in which the client (the principal) authorizes an agent (otherwise known as an attorney-in-fact) to act on his or her behalf.
The power may be quite limited: for example, permitting the agent only to make deposits to the principal’s bank account. The power can also be broad, authorizing the agent to engage in nearly any transaction that the principal could.
A Power of Attorney is also limited in its duration. It can be expressly limited in time. For example, the agent may be given a power of attorney that terminates when a specific act is completed. Even if no duration is specified, a conventional — or common-law — power of attorney becomes inoperative upon the incapacity of the principal. To extend the power beyond the incapacity of the principal, the power must be made expressly durable.
A Durable Power of Attorney takes effect immediately when the document is executed even though it may not be needed until much later, if ever. Some individuals, however, are reluctant to grant an agent broad powers to act at a time when the principal is capable of acting.
These people would prefer to use a “springing” durable power of attorney. Recognized in many states, a springing power lies dormant and ineffective until a designated time, such as the principal’s incapacity.
A Durable Power of Attorney should be used whenever an individual feels he or she will need someone to make important financial and/or personal decisions after the individual loses capacity. Most individuals will have assets or personal affairs that must be managed should they lose capacity.
If the individual has a complex estate plan, the durable power is essential. A wealthy individual who has begun his or her estate plan by making lifetime gifts or charitable donations will need someone to have the power to continue making such gifts or donations after the donor loses capacity. It would often be devastating to the individual’s estate plan if the gifts could no longer be made.
For example, suppose the individual makes regular contributions to an irrevocable life insurance trust. A durable power must be in effect for the premiums to be paid from the principal’s funds after the principal loses capacity.
Otherwise, the principal’s family might have to pay the premiums from their own funds for the rest of the principal’s life. This, of course, would be counterproductive to the principal’s estate plan.
All states authorize the health care power of attorney, also known as an Advanced Healthcare Directive. This durable power permits the agent to make health care decisions for the principal if the principal loses capacity. Many individuals prefer the health care power of attorney to a living will; some use the health care power in conjunction with a living will.
One of the primary uses of a durable power is the delegation to an agent of the management and control of the principal’s financial affairs during his or her incapacity. The following is a sample of the types of property management powers that might be considered for a power of attorney:
To make deposits and withdrawals from bank accounts
To sign tax returns and appoint qualified individuals to represent the principal with the IRS to make investment decisions
To deal with retirement plans, including IRAs
To have access to the principal’s safe-deposit box
To create a living trust and fund a previously created living trust to revoke or change beneficiary designations
To vote the principal’s stock
to forgive or collect the principal’s debts
To enter into contracts on behalf of the principal to make gifts on behalf of the principal
To disclaim gifts or bequests made to the principal
To deal with life insurance on the life of the principal
The basic requirements in most states are that you be above the age of 18, be of sound mind and intend to make a disposition of your property. Your will should be in writing and witnessed by two persons who are not named in the instrument, over the age of 16.
In limited circumstances an oral (also called “nuncupative”) will is valid. It can only be used to dispose of personal property. Most states require the nuncupative will to be made at the deceased’s home during the last sickness.
What is a joint and mutual will?
A joint and mutual will is a contract (one will) between two spouses that they will dispose of their property in a specific way. This will is used by married couples who have children by a prior marriage who want to assure their children share in their estate should they predecease the other spouse. It prevents the surviving spouse from making a new will and depriving the children of the deceased spouse from their inheritance. (See Mirror Wills Page)
Can I prepare a will in another state?
Absolutely. If you are traveling on business or vacation and want to prepare a will you simply need to have it witnessed in another state the same as if you were preparing it at home.
If you do prepare your will outside your domicile, make sure you have it notarized. Although a notarized will is not necessary to make it valid, it is necessary to make it a self-proven will. This means if it becomes necessary to probate your will you will not have to call the witnesses to court to testify about your mental state when you prepared your will. If these witnesses live in a foreign state it creates additional problems and expense for your executor or administrator to bring them to court.
Does a will protect me if I become disabled?
No. A will only becomes effective upon your death. To protect you when you become disabled you must use both our Advanced Healthcare Directive and general power of attorney.
Can I make specific bequests of property?
Yes. In your will you simply decide to whom you want to leave your property. Our wills contain an “enabling clause” that incorporates any written memorandum you may subsequently make regarding the disposition of specific property. This keeps you from having to redo your will every few years as you acquire new things and get rid of the old. When preparing a will it is important that you have this paragraph included so that you are not locked in on specific items that will soon change. For more complete protection, you might want to compare the benefits of a Will versus a Trust.
I have adult children from a prior marriage and minor children from my current marriage. Do I need a trust?
You will still need a trust for your minor children. However, the trusts in our wills only provide for a trust if at the time of your death you have minor children. If you leave property equally to four children and two are minors, only two trusts would be created under the will.
You can decide when the trust terminates and at what age your minor children receive their inheritance. Read more about this on our Family Trust Page
I want to be cremated. Does your will provide for that?
Yes. We will requst this information from you during your phone consultation..
I have loaned money to my children and some have not paid me back. Can I make them pay me back before they get their inheritance?
Our wills contain an optional clause that allows you to elect that your child pay your estate before he or she receives any bequests under the will. By exercising this option you are alerting your administrator that your advances to your child were loans and not gifts. The indebtedness should be evidenced by a promissory note.
It is a good idea for you to have your child sign a note evidencing the amount in case of a dispute later with your estate administrator as to the amount. You can make the note payable upon your death if you do not intend to force your child to repay you earlier. We have promissory notes available, ask us about them during your free consultation.
Do I have to have my will witnessed?
Yes. Since these wills are printed and not wholly written in the handwriting of the testator, they must be witnessed. Witnesses attest to your intent to make a will and your mental capacity when making a will, including lack of duress. Mental incapacity includes insanity as well as inebriation. Anyone eighteen years or older may be a witness. All states require two witnesses, except Vermont, which requires three. A beneficiary under the will is disqualified from being a witness for obvious reasons.
Do I have to have my will notarized?
No. A notarized will only makes it self-proven. This means if it becomes necessary to probate your will you will not have to call the witnesses to court to testify about your mental state when you prepared your will. If your will is not notarized, your executor or administrator will have to call one or more of the witnesses to court to testify about your mental state when you prepared your will. All of our wills provide spaces for notary acknowledgements for your convenience.
Where can I find a notary?
All banks provide notary services for their customers. You can also find good witnesses there. Notaries are also listed in the yellow pages. Most insurance agents have notaries working in their office. You can find good witnesses there as well. You can search on the web for a notary at such places as theLawShack.com
After my will has been signed, witnessed and notarized, what do I do with it?
You have several options. Some states, such as Colorado, have a statute which allows you to deposit your will with any court for safekeeping. Others, such as Texas, provide for the depositing of your will with the county clerk for safekeeping. None of these statutes is a prerequisite to a valid will, they exist only for your convenience.
Prior to 1987, a common estate planning technique was an “estate freeze,” by which a parent would transfer appreciating assets to a child, while retaining an income interest in those assets and, usually, other preferential rights the parent never intended to exercise. Because of the retained income interest and preferential rights, the value of the transferred assets for gift tax purposes was less than their fair market value. Moreover, since the potential appreciation in the assets would be transferred to the child, the interest retained by the parent would be “frozen” for estate tax purposes.
Chapter 14 of the Internal Revenue Code is designed to eliminate estate freezes by restricting the valuation of the interest retained by the parent for gift tax purposes. Unless that retained interest satisfies certain requirements, it is deemed to have a value of zero, with the result that the entire fair market value of the property transferred is used in calculating the federal gift tax.
An Exception for Qualified Personal Residence Trusts
One remaining estate freeze opportunity is a “qualified personal residence trust” (QPRT).
A Qualified Personal Residence Trust is powerful gifting tool that allows a client to leverage his or her estate and gift tax credit and to freeze an appreciating asset at its current value.
We have prepared a summary of the benefits and features of a Qualified Personal Residence Trust in question and answer format.
1. What is a Qualified Personal Residence Trust?
A Qualified Personal Residence Trust or “QPRT” is an irrevocable trust that holds a personal residence for a term of years. At the end of the trust term, the residence is distributed to the beneficiaries named in the trust – typically children. For example, John creates a QPRT and transfers his residence to the QPRT for a term of 12 years, with the remainder passing to his children. John has the right to live in the residence and to use the residence for the next 12 years. At the end of the 12-year term, the residence passes to John’s children.
2. Are There Any Tax Benefits Associated With A QPRT?
There are several tax and economic benefits associated with a QPRT. QPRTs are especially well suited at leveraging a client’s estate and gift tax credit.
A transfer of property to a QPRT is currently treated as a taxable gift. The value of the gift is based on the present value of the remainder beneficiary’s right to receive the property at the end of the QPRT term. For example, John, age 65, creates a QPRT and transfers his residence to the Trust for a term of 12 years, with the remainder passing to his children at the end of the 12-year term. Assuming the residence is valued at $1,000,000 and the transfer is made in April 2001, based on IRS tables, John is treated as having made a gift to his children valued at $346,060. This is the first place where there is a significant tax savings. John has effectively transferred an asset worth $1,000,000 to his children by using only $346,060 of his estate and gift tax credit (currently valued at $675,000).
3. Are There Any Other Tax Benefits Offered By A QPRT?
Another tax and economic benefit is that all of the future appreciation of the residence will be transferred to the children estate and gift tax-free. A QPRT, as a result, is a powerful estate freezing tool. Based on the prior example, assuming that the $1,000,000 residence appreciates at 4% per year for the 12-year term, the residence will be valued at $1,601,032. All of the appreciation during the 12-year term inures to the benefit of the children. Therefore, by making a gift, valued for estate and gift tax purposes at $346,060, John will effectively transfer an asset worth $1,601,032. Assuming John’s estate is in the 55% estate tax bracket, this produces an estate tax savings of $690,235.
4. Is a Gift Tax Return Required When a Gift is Made to a QPRT?
Yes. A Federal Gift Tax Return, Form 709, must be filed in the year in which the gift to the QPRT is made. Based on the foregoing example, John is required to prepare and file a Federal Gift Tax Return, Form 709, reporting the gift which will consume $346,060 of his estate and gift tax credit. Depending on John’s prior taxable gifts, gift tax may or may not be due.
5. Does A Gift To A QPRT Qualify For The $10,000 Gift Tax Annual Exclusion?
No. A gift to a QPRT is a gift of a future interest and does not qualify for the $10,000 gift tax annual exclusion. Only gifts of a present interest qualify for the $10,000 gift tax annual exclusion.
6. How Does My Age and The QPRT Term Affect The Tax Consequences Of The QPRT?
The term of the QPRT is an important factor in determining the tax consequences of a QPRT. As the QPRT term grows longer, the gift to the remainder beneficiaries grows smaller, and the tax savings is greatly improved. The table below shows the tax results and savings for a $1,000,000 residence transferred to a QPRT, in April 2001, for varying terms:
QPRT for Client Age 65, $1,000,000 Residence,
April 2001 Transfer, 4% Annual Appreciation, 55% Estate Tax Bracket
Future Value at End of Term
7. What If I Die During the Term Of the QPRT?
If you die during the term of the QPRT, the residence is included in your estate at its full fair market value at the time of year death. The benefit of the transaction is lost, but you are no worse off than if you did not create a QPRT, other than transactional costs in establishing the QPRT. For example, Mary, age 50, creates a QPRT with a 15 year term and transfers her $1,000,000 house to the QPRT. Mary dies 14 years and 11 months later when the residence is valued at $1,800,944. The value of the residence is included in Mary’s estate at $1,800,944. However, she does receive a credit for the initial gift to the QPRT.
8. How Is the Term Of The QPRT Determined?
The term is selected by the client/donor. Because of the negative tax consequences of dying before the expiration of the QPRT term, we will typically review the actuarial tables and life expectancy of the client and use approximately 2/3 of the client’s life expectancy. For example, an average individual age 65 has a life expectancy of 17.2 years. As a result, we will use a QPRT term of no greater than 12 years. Obviously, we discuss any known health problems and family history with the client and may make adjustments to the QPRT term, as appropriate, based on those discussions.
9. What If I Outlive the Term Of The QPRT and Want To Continue Living In The Residence?
If you outlive the term of the QPRT, the residence passes to the remainder beneficiaries. They are the owners of the property. You can, however, lease the property back from the remainder beneficiaries at a fair market value rent. The obligation to rent your residence back from your children can be viewed, by some, as a negative feature; however, many clients view it as an opportunity to transfer additional assets, via rent payments, to their children. IRS Private Letter Rulings have sanctioned QPRTs which included mandatory fair market lease provisions at the end of the QPRT term.
10. Can I Place My Vacation Home in a QPRT?
Yes. You are allowed to transfer your principal personal residence and one vacation home to a Qualified Personal Residence Trust. You are allowed to have only one principal residence, but you can have two personal residences (one of which is your principal residence).
11. Can I Create Multiple QPRTs?
Yes. If you own two personal residences, you can transfer each residence to a QPRT. In addition, you can transfer fractional interests in your personal residence to multiple QPRTs. This can be used to hedge against the possibility of a premature death. For example, Steve creates four QPRTs with terms of 4, 8, 12, and 16 years. Steve transfers a 25% interest in his residence to each of the QPRTs. If Steve dies after 14 years, only the 25% interest in the last QPRT (with the 16 year term) is included in his estate.
12. Is It Possible To Take Advantage Of Valuation Discounts With A QPRT?
Yes. It is not uncommon for a husband and wife to own their property jointly or as tenants by the entirety with the right of survivorship. In this case, we will divide the property into two 50% tenant in common interests. Each spouse will create a QPRT and will transfer his or her 50% interest to the QPRT. The Court have consistently upheld valuation discounts for fractional interests in real estate and it is not uncommon to receive discounts of 20% or more. Under these facts, each of the 50% interests valued at $500,000 would be discounted to $400,000 and would produce an even better tax result. The chart below compares the tax savings of the transfer of 2 50% interests with a 100% interest.
12 Year QPRT for Husband and Wife Both Age 65, $1,000,000 Residence,
April 2001 Transfer, 4% Annual Appreciation, 55% Estate Tax Bracket,
20% Valuation Discount for Fractional Interest
Initial Value of Asset
Future Value at End of Term
Two 50% interests each valued at $500,000 and discounted by 20%. 2 x ($500,000 x (1 – 20%)) = $800,000
13. I have an Estate-Type Residence, Comprising of the Main Residence, a Guest Cottage, and Several Outbuildings on 35 Acres. Can I Transfer all of the Properties into a QPRT?
Maybe. Only a personal residence can be transferred to a QPRT. The additional land and buildings may not qualify as a QPRT. The IRS has ruled in several Private Letter Rulings that estate-type residences and the attendant outbuildings, guest cottages, and acreage may qualify as a personal residence. The rationale is that a person who purchases an estate type residence normally expects to have the attendant acreage, outbuildings, etc. and, thus, gave these favorable rulings. Each property should be determined on a case by case basis.
14. My Residence Has A Mortgage. What Are The Tax Consequences Of Transferring The Residence, Subject To The Mortgage, To A QPRT?
Ideally, property contributed to a QPRT should not be subject to a mortgage. We recommend that our clients pay off the mortgage before transferring the residence to the QPRT.
If property subject to a mortgage is transferred to a QPRT, there are two possible tax treatments. First, the transfer may be treated as a net gift of the difference between the fair market value of the property and the amount of the debt. For example, if a residence, valued at $500,000 is encumbered with a $150,000 mortgage, the value of the underlying property gifted to the QPRT is only $350,000. The gift tax consequences are based on a value of $350,000. However, each time a mortgage payment is made and a portion of the principal loan balance is reduced, the client is treated as having made an additional gift to the QPRT. This can create an accounting, tax, and administrative nightmare.
Another approach is to include a provision in the QPRT Trust Agreement in which the client/donor agrees to indemnify the Trustee of the QPRT for any liability associated with the mortgage. Arguably, only the value of the underlying residence should be taken into consideration, the value of the mortgage is excluded, and additional payments on the mortgage are not taken into consideration.
15. How Are Real Estate Taxes, Hazard Insurance Premiums, Repairs, And Capital Improvements Paid While The Residence Is In The QPRT?
Ordinary and recurring expense associated with the residence, such as real estate taxes, hazard insurance premiums, and minor repairs may be paid by the client/donor. The client can deposit the funds necessary to pay these amounts with the Trustee. The Trustee is permitted in a QPRT to retain sufficient funds to pay these amounts. A QPRT is treated as a grantor trust for income tax purposes and, thus, the client/donor can deduct the real estate taxes paid on his or her personal income tax return.
In the event a capital improvement is made to the residence by the client/donor, this will be treated as an additional gift to the QPRT and the amount of the gift will be based on the value of the capital improvements and the remaining term of the Trust.
16. Can The Residence Be Sold While It Is In The QPRT?
Yes. The residence can be sold and the proceeds can be reinvested in a new residence. Since a QPRT is a grantor trust, any gain recognized on the sale of a principal residence should qualify for the $250,000/$500,000 exclusion of gain from the sale of a principal residence, provided all of the other Code § 121 requirements are met. The exclusion of gain does not apply to the sale of a personal residence that is not a principal residence, such as a vacation home.
If the proceeds of sale are not reinvested in a personal residence, the QPRT will convert to a Grantor Retained Annuity Trust or “GRAT” and will pay an annuity to the client/donor for the balance of the QPRT term. GRATs are discussed below.
17. What Happens If The Property Ceases To Be Used As A Personal Residence?
If the property ceases to be used a personal residence, the trust ceases to be a QPRT and the Trustee must convert the QPRT to a GRAT. GRATs are discussed below.
18. What Is A GRAT?
A GRAT is a Grantor Retained Annuity Trust. It provides for the payment of an annuity for a fixed term with the balance passing to the remainder beneficiaries at the end of the term. If a QPRT converts to a GRAT, it will pay a fixed annuity amount to the client/donor for the balance of the Trust term and will distribute the balance to the remainder beneficiaries. The amount of the annuity must be based, at a minimum, on the Code § 7520 rate in effect in the month the QPRT ceases to be a QPRT.
For example, Paul, age 50, transferred a personal residence worth $1,000,000 to a QPRT in a month in which the Code § 7520 rate was 8.4%. The trust instrument provided that Paul retained the right to use the residence for a 10-year period or until his death if death occurs before the expiration of the 10-year period. The approximate value of Paul’s retained interest was $591,650. Five years later, the personal residence is sold for $1,500,000 and Paul’s interest is converted to a qualified annuity interest in a GRAT. Under the formula contained in the regulations, the annuity payable to Paul must be $92,726 annually. The annuity amount is computed by dividing $591,650 (the lesser of Paul’s retained interest or the value on the conversion date) by 6.3806 (the annuity factor at 8.4% for the shorter of 10 years or the life of a person age 50).
19. I Purchased My Residence Many Years Ago And Have A Very Low Basis. Will My Children Receive The Residence With The Same Basis At The End Of The QPRT Term?
Yes. Gifts made during lifetime are subject to a carryover basis. Therefore, the basis of the residence in your hands will be the same in the hands of your children when they receive the residence at the expiration of the QPRT.
20. Can I Purchase the Residence From The QPRT During The Trust Term?
No. Several years ago, the IRS issued regulations which prohibit the client/donor or their spouse from purchasing the residence from the QPRT. The benefit of this type of transaction is that
(i) it avoids the loss of the step up in basis, and
(ii) the client is not required to rent the residence from his or her
Before the issuance of the regulations, a client/donor could purchase the residence back from the QPRT shortly before the expiration of the QPRT term for its then full fair market value. As a result, the remainder beneficiaries would receive cash equal to the purchase price paid and the client/donor would receive the residence back in his or her own name. The QPRT Regulations now require that the trust instrument specifically prohibit a donor or their spouse from re-acquiring the residence.
21. Is There Any Way To Take Advantage Of The $250,000/$500,000 Exclusion Of Gain From The Sale Of A Principal Residence And To Provide A Step-Up In Basis To The Remainder Beneficiaries?
It is possible to structure a sale shortly before the expiration of the QPRT term to give the remainder beneficiaries a step-up in basis.
Shortly before the expiration of the QPRT term, the remainder beneficiaries should purchase the residence from the QPRT at its full fair market value for a 10% cash down payment and a promissory note for the balance. As a result of the purchase, they will own the residence with a basis equal to its full fair market value. When the QPRT terminates, the remainder beneficiaries will receive the cash and the promissory notes back and the notes will be extinguished.
The tax consequences to the donor/grantor are such that, assuming
(i) the gain recognized on the sale of the property is less than
(ii) the residence being sold is the donor/client’s principal residence,
(iii) all other applicable requirements for the Code § 121 exclusion of
gain requirements are met, the donor/client will be able to exclude
up to $250,00/$500,000 of gain in connection with this sale.
22. Who Should Serve As The Trustee Of The QPRT?
The client/donor may serve as the Trustee of the QPRT during the trust term. This generally keeps administrative costs and burdens to a minimum. If the trust will continue after the expiration of the trust term, in order to avoid any estate tax traps under Code §§ 2036 or 238, the client/donor should not serve as the Trustee.
23. Do Any Income Tax Returns Have To Be Filed In Connection With A QPRT?
A QPRT is typically considered a Grantor Trust for income tax purposes. Most QPRTs do not generate any income and an income tax return is not typically required. If the property generates income, a Grantor Trust Tax Return, Form 1041, may be required.
24. Requirements for a Qualified Personal Residence Trust
The following is a brief summary of some of the more critical requirements of the QPRT regulations:
Personal Residence: Only a “personal residence” may be transferred to a QPRT. A residence qualifies if it either is the parent’s principal residence or is used primarily for residential purposes (such as a vacation home). The residence may be rented to other parties, so long as the parent uses the residence for the greater of 14 days or 10% of the number of days the residence is rented.
Length of the Parent’s Term Interest: The length of the parent’s term interest in the trust is not limited by the regulations and, of course, the longer the term interest, the lower the value of the child’s remainder interest (and hence the lower the gift tax). As a practical matter, however, the term interest should be kept well short of the parent’s life expectancy, since if the parent dies before the termination of the term interest, the full value of the residence would be included in the parent’s estate for estate tax purposes (thus defeating the entire purpose of the trust).
Lease of Residence after Term Interest: The QPRT may give the parent the right to lease the residence after the parent’s term interest ends, so long as the rent paid is a “fair market value” rent. In this way, the parent may continue to live in the house as long as desired. Moreover, since the child’s marginal income tax bracket is likely to be lower than the parent’s marginal estate tax bracket, the payment of rent by the parent is a means of transferring wealth to the child at a lower tax cost.
The family law practice of Kennedy, Schuck, Harris & Miller, PLLC involves contested and uncontested divorces, child custody and visitation, parenting plans and modifications, child support and modifications, spousal maintenance, and division of property.
The firm is dedicated to pursuing alternatives to litigation such as mediation, negotiation or collaborative means. After exhausting all efforts to resolve the case peacefully and with fairness and dignity litigation will be recommended as an option. Litigation in court is costly from the financial and emotional perspective. In some cases, certain family matters can only be resolved through litigation.
Child custody and support are often the most disputed, complicated, and controversial component in divorce negotiations as they affect both emotions and money. Unfortunately, children are sometimes used as a bargaining chip and bartering tool that their well-being gets lost in the game of tug-of-war. When a child’s best interests are at stake, seeking peaceful co-parenting solutions will positively affect a child for the rest of his or her life. An attorney can assist a client through the maze of the laws during the most stressful time of the relationship. The growth and development of children continue even though the relationship ends.
Other aspects of divorce includes, among others, division of property which is also complex and dynamic. An attorney can help a client through the maze of the laws and disclosure devices which may affect the client’s financial rights, obligations, and the division of property. For instance, an attorney can help a client conduct financial disclosure to determine how and when the specific property and all other assets were acquired before agreeing to a property settlement or before asking the court to divide property.
An attorney can also assist a client transform all of the emotions associated with the ending of a relationship like sadness, fear, and anger into positive energy to manage the divorce effectively. When you are close to filing for divorce, you should consult an attorney to learn the laws that may affect your rights. The final results of a divorce may have a dramatic impact on your life.
For legal help with your particular situation, simply click the Contact button below, fill in the Contact form, and submit it. If you prefer, you may contact this firm by calling the phone number listed below or sending an email by clicking the e-mail button below.
Trial Attorney in the San Francisco Bay Area
Aggressive Representation in Family Law Matters
When you are considering filing for divorce or if you have been served with a divorce complaint, there are many questions to be answered. Who will have custody of your minor children and how will that be determined? If you are not granted physical custody, how often will you see your children? How can you be certain that the child support order is fair? Will the court award alimony or spousal support? You want a lawyer who fully understands family law, who will help identify your options and who will aggressively advocate to protect your rights.
At the law offices of Cheryl L. White & Associates in Oakland, we represent clients in all matters related to or arising out of divorce, including child custody, visitation and support. In 15 years of practice, Cheryl has personally handled hundreds of civil trials, honing herr oral advocacy skills and establishing a reputation for top-notch legal representation. Contact our offices to set up a free 30-minute consultation.
In California, all family law matters that involve children apply the same standard: The court will attempt to determine and protect the best interests of the child.
Child Custody and Visitation
As a general rule, the courts separate physical custody from legal custody. If you are granted physical custody, the child will live with you. If you are granted legal custody or joint legal custody, you will have the right to make decisions about the child’s health, education and welfare. The courts customarily grant sole physical custody to one parent, but joint legal custody to both parents.
When considering visitation or parenting arrangements, the courts will examine factors such as the distance between the parents’ homes, the social, educational and health needs of the children and, as the children grow older, their preferences.
At our offices, we will work closely with you to help you establish custody and visitation arrangements that serve the best interests of your child while protecting your rights as a parent. We know from experience that one parent may occasionally use custody and visitation disputes as a way of punishing the other parent. We will act quickly to protect your rights and the best interests of your children.
In California, the amount of child support is determined by state guidelines, factoring in the incomes of both parents and the amount of time each parent spends with the children. We will help you ensure that the calculation accurately accounts for all income and that irregular income, such as seasonal or commission income, is properly considered.
Spousal Support or Alimony
When determining whether to grant temporary or permanent spousal support or alimony, the court will consider a number of factors, including:
The length of the marriage
The respective incomes of the parties
The ability of both parties to maintain their lifestyle
We will work with you to determine whether alimony is appropriate and, if so, the amount, frequency and duration of payments.
For experienced representation in custody, visitation and support disputes in the San Francisco Bay Area, contact us. We offer a free 30-minute consultation to every new client. We offer flexible hours, with evening and weekend appointments upon request.
Cheryl L. White & Associates
Park Plaza, Suite 301
1939 Harrison St.
Oakland, CA 94612
Phone: (510) 986-0400
Fax: (510) 986-0404
At the law office of Cheryl L. White & Associates, we represent clients throughout Alameda County, San Francisco County, Contra Costa County and the greater Bay Area, including individuals in Oakland, Hayward, San Francisco, Berkeley, Pleasanton, San Leandro and Walnut Creek.
Three Decades of Dedication
Founded in 1982, our firm has built a reputation for hard work and experienced, efficient representation. Constant communication with clients and creative problem solving are hallmarks of our firm. Our priority is getting the best possible outcome for your case.
Whether we are representing a victim of a car accident or helping a parent resolve a child custody issue, our attorneys give each case focused attention. We will listen carefully to you and address your uncertainties.
Because we are a small firm, you can rely on us to be accessible when you have questions or problems to discuss.
Helping You Through Divorce
Going through a divorce is not easy, but we help simplify the process from both a legal and personal perspective. As a family law attorney for nearly 30 years, one of our attorneys has helped hundreds of individuals and families get past divorce and return to a peaceful place in their lives.
Our mediation services provide a practical, confidential alternative to resolving family law issues.
If conflicts about your family matter cannot be resolved through mediation, we also provide strong representation in divorce litigation.
We can also obtain restraining orders in family law cases on an emergency basis if necessary.
Getting You Compensation for Your Injuries
When you have been hurt in a car accident or other accident because of someone’s negligence, you are entitled to just compensation for your pain and suffering, medical bills, future medical bills, property damage, lost wages and future lost wages. We fight for you when you need it most.
Our personal injury lawyer knows how insurance companies work. He was a former casualty adjuster with a national insurance company and has been employed as an attorney by major insurance companies. Using that knowledge, we will develop a strong strategy in your case. We know what to look for and can help you get the money that is due to you.
For clients who are facing problems with their own insurance company for medical, auto or homeowner coverage, we have nearly 30 years of litigation experience with bad faith insurance claim cases. Among our wins, we have achieved six- and seven-figure recoveries for clients.
Contact us to schedule a free consultation about your personal injury or bad faith insurance case. We also offer free phone consultations for divorce and other family law cases. Our offices are conveniently located.
Our personal injury practice includes, among other areas of personal injury law, vehicle accidents, pedestrian-vehicle accidents, construction site accidents, workplace and slip and fall accidents.
This firm generally handles personal injury matters on a contingency basis. This means that there is no lawyer’s fee if there is no monetary recovery in the case. This firm does not get paid unless client gets paid. All expenses other than attorney’s fees associated with the case are considered costs. Such costs may be advanced and due at the conclusion of case but payment of such costs are ultimately the responsibility of client.
In valid personal injury claims, the law provides just compensation (may comprise numerous components) to make injured persons whole again. Knowing and understanding the rights of injured persons may put him or her in a better position to protect his or her rights. Injured persons’ rights and obligations will vary depending on many different factors. The law also sets certain time limits for pursuing legal claims and the time periods vary depending on the type of claim – failure to take necessary steps within such time period may bar the injured person’s claim. Consulting a lawyer before making a decision may be more cost-effective than making a wrong decision and having to correct the mistake later.
There are several things an injured person can do to help himself or herself. He or she should ask someone at the scene of the accident to contact the police and emergency response team, if necessary, gather information of persons at the scene and of the accident scene, and exchange insurance information with the other parties involved in the accident. Also, an injured person should take certain steps promptly to preserve any evidence and to know who to cooperate and discuss the matter with and who not to.
For individualized advice geared to your specific situation, you may contact our office for a free consultation.
Recognizing Signs Of Nursing Home Abuse
What you may have once dismissed as simply the signs of getting older, may be something more – nursing home abuse or neglect. The following guide may help you determine whether your loved one is a victim of nursing home abuse. We urge you to trust your instincts when considering the safety and wellbeing of your loved one, and be wary of efforts by others to undervalue your concerns.
Physical nursing home abuse
Physical nursing home abuse can occur and is outrageous. It may be smaller, or larger, and it may begin with smaller harms. Look for, and be sure to report, any open wounds, cuts, bruises, welts, discoloration, or broken bones. If the facility staff cannot adequately explain what has happened, you should take steps to investigate into suspected nursing home abuse by calling an attorney. We can get answers to your questions. Look for any sudden change of behavior in your loved one. If he or she begins to be afraid when certain staff members approach, that could be a sign of physical nursing home abuse. If you witness someone engaging in nursing home abuse towards your loved one or another resident, take immediate action by calling an attorney. You know the nursing home does not want you to get an attorney–and you know why.
Emotional nursing home abuse
Emotional nursing home abuse is more subtle than bruises and wounds. Signs of nursing home abuse can be your loved one acting unusually upset or agitated, extremely withdrawn, or non-communicative. If there is a change in behavior, like rocking in bed or sucking a thumb, you may be witnessing the result of serious emotional nursing home abuse. If your loved one has been the victim of nursing home abuse, he or she may not tell you what is happening due to fear of retaliation from facility staff.
Nursing home neglect
Nursing home neglect can also be difficult to determine. If you notice your loved one losing weight and becoming listless, he or she may not be getting the nourishment and food needed to maintain good health. This should not happen and you need answers to your questions. Dry, cracked lips and skin can be signs of inadequate hydration and the need for more fluids. To detect other signs of elder neglect you may have to familiarize yourself with some of your loved one’s more intimate areas. You may even try to look at undergarments and skin to see if they are soiled with feces or urine. Residents who lie in their waste are much more likely to develop preventable pressure sores. This is a critical part of serious wrongdoing.
If you recognize any of these signs of nursing home abuse and neglect, your loved one may be a victim of nursing home abuse. You should contact us without delay for a no cost initial consultation.
We strongly believe that nursing home abuse in any form should not be tolerated. You should take any and all steps necessary to protect the safety of those you love from nursing home abuse, including getting an attorney involved as soon as you suspect something. If you suspect nursing home abuse, you may need to take steps to enforce your legal rights, and this is best done through an attorney.
By contacting us, we can begin an investigation and litigation, if necessary and warranted, to protect your loved one’s well being and health. One of the important benefits of contacting an attorney is that the overall conditions can be changed and bettered for everyone.
Car accidents are inevitable. Even the safest and most cautious driver can be involved in a car wreck. Often these wrecks result in significant injuries and can have a catastrophic effect on the lives of the drivers, passengers, and their families. Car accidents may be caused by a number of different factors. Some are simply the result of mistakes, while others are the result of careless and thoughtless actions. Sometimes drugs and/or alcohol is involved. On other occasions, cell phones, speeding, and reckless driving may be the cause of the car wreck. Regardless, the impact can be devastating. Victims may be injured, cars damaged beyond repair, and work time lost. Making matters worse, your insurance company, who you pay a premium in hope that they will be there for you, may refuse to pay your medical bills or the full value of your car. If you have been involved in an automobile or truck accident, contact one of our experienced Auto Accident Lawyers.
What Should I Do If I Am Involved In A Car Wreck ?
CALL THE POLICE. Get the name, address, telephone number of: all drivers and passengers, witnesses, registered owners of the vehicle (if different from the driver). Also, obtain the other driver’s insurance company and insurance policy number. Make a note of the accident location, as well as, any injuries sustained by you or anyone else involved in the accident. Make sure you get the officer’s name and the accident report number. Note any statements made by the other driver or passengers. This is especially important if they admit if they were at fault or using drugs or alcohol. Report the accident to your insurance company as soon as possible. Finally seek medical attention for all of your injuries immediately. For more information, call one of our experienced Car Wreck Attorneys.
Where Are My Damages?
Texas allows victims to claim two types of damages, compensatory and punitive. Compensatory damages are calculated by adding together the victim’s medical expenses, pain and suffering, lost wages, and property damage. Punitive damages are awarded in circumstance where a defendant’s reckless driving merits “punishment” or when a defect caused the accident. Your recovery of damages may be limited by the other driver’s insurance policy. For more information, call one of our skilled Auto Accident Lawyers.
How Do I Recover For The Damages the Other Driver Caused?
In rare cases, a lawsuit will not be necessary. However, a lawsuit is usually necessary for you to receive the full value of your damages. The lawsuit is filed in the county where the accident occurred or where the defendant resides. Once filed, you become the plaintiff and the other driver is called the defendant. Unlike most T.V. shows, it may take several months or even years for your lawsuit to go to trial. Along the way evidence is collected, depositions are taken, and you may attend mediation. For more information, contact one of our experienced Personal Injury Lawyers.
What Is A Deposition?
A deposition is a meeting of the parties where a lawyer for the plaintiff asks the defendant questions about how the accident occurred. The defendant’s lawyer also gets to ask the plaintiff questions about the accident and the damages claimed by the plaintiff. Additional depositions may be taken from the plaintiff’s treating physician or witnesses to the accident.
What Is Mediation?
Mediation is when the parties agree or the Judge orders the parties to meet with a neutral third party (usually a lawyer) who attempts to resolve the case. The mediator listens to both sides and then the parties negotiate with each other through the mediator. If the parties are unable to agree on damages, the case proceeds to trial. However, if the parties are able to agree, the case is settled. For more information, call one of our experienced car wreck lawyers.
What If The Defendant Does Not Have Insurance?
Your insurance coverage may include what is called “uninsured/underinsured coverage.” This type of insurance covers you in the event that the defendant does not have insurance or has less insurance than is necessary to cover your damages. When a lawsuit is filed, your insurance company will be notified. In the event the defendant does not have sufficient insurance, your insurance company will retain a third attorney who will defend their interest under the uninsured motorist policy. The insurance policy will only pay damages in an amount that does not exceed the limits of your policy.
What If My Car Is Totaled ?
Your insurance company will only pay what the car is worth. They will not pay what you owe. In many cases, you will be paid less than what you owe on the car. This is because the insurance company can deduct from the value of the car such things as previous accidents and normal wear and tear. For more information, call one of our professional car wreck lawyers.
For most, nothing is more painful than the loss of a loved one. The loss of a loved one due to the negligence of another person, company, or entity can be that much more painful and traumatic. Wrongful death lawsuits are brought by the deceased’s surviving family members to recover the value of their loved one’s lost life.
Who Files the Lawsuit?
The lawsuit must be filed by the personal representative (executor/executrix) of the decedent’s estate. For more information, contact one of our experienced wrongful death attorneys.
What Am I Suing For?
The personal representative is suing the person, company, or entity for the value of the decedent’s life. The damages associated with such an action may include personal injury, pain and suffering, and expenses such as hospitalization and burial expenses. The damages that are recovered must be distributed according to the decedent’s will. For more information, contact one of our experienced personal injury lawyers.
How Do I Prove My Case?
You should consider hiring a skilled attorney to assist you in preparing your lawsuit. In addition to proving your loved one’s death, you must be able to prove that the death was caused by the negligence of another; and that person’s negligence caused the monetary injury to the plaintiff. In many cases, the value must be established by an expert. For more information, contact one of our skilled wrongful death lawyers.
Will Be Able To Recover Punitive Damages?
Punitive damages are awarded in circumstances where the defendant’s negligence merits “punishment” or if the death was caused by some type of defect. You should consult with an experienced wrongful death attorney to determine whether or not you are entitled to punitive damages.
How Long Do I have to File By Lawsuit After My Loved One’s Death?
In general you have two years to the day in which your loved one dies in order to file a lawsuit. For more information, contact one of our experienced personal injury lawyers.
What Can I Expect?
A medical malpractice case requires a substantial investment of time and money by you and your medical malpractice attorneys. These cases can be time consuming and may take months or even years in which to proceed. For more information, contact one of our professional personal injury lawyers.
What Damages Will I Be Able to Recover?
In a wrongful death action you will be able to recover medical expenses, lost wages, loss of companionship and services (consortium) for your family member, funeral expenses, and loss of earning capacity. For more information, contact one of our wrongful death attorneys.
All Insurance Disputes
Fire Loss Claims (Home & Auto)
A house fire can be a devastating event to your family. The filing of a claim with your insurance company is no guarantee that you will be paid. The insurance companies have set up a confusing array of conditions which allow them to unjustifiably deny your claim, and even accuse you of arson, fraud and/or misrepresentation. When you have lost your home and your personal possessions, you do not need to deal with an insurance adjuster calling you a fraud and a cheat. You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families and business owners weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.
We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.
Auto and Property Theft Claims
The shock of having your car stolen can be magnified when your insurance company denies your claim. To add to your misery, you may have to continue to pay for your stolen car and for a replacement car while the insurance company “investigates” your claim. Unjust accusations of arson, fraud and/or misrepresentation may add to your family’s hardship. The filing of a claim with your insurance company is no guarantee that you will be paid. The insurance companies have set up a confusing array of conditions which allow them to unjustifiably deny your claim, and even accuse you of arson, fraud and/or misrepresentation. When you have lost your car, you do not need to deal with an insurance adjuster calling you a fraud and a cheat. You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families and business owners weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.
We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.
Life Insurance Claims
Life insurance is an insurance company’s promise to provide payment in the event of death. When that promise is broken by the insurance company, you need an experienced lawyer to interpret the insurance contract and present your claim.
You should be aware that you should not give a statement to the insurance company without first contacting experienced attorneys such as our firm so that we can help you protect your rights. Timely presentation of your claim and investigation is critical. We have helped families weave through the intricate red tape so that their insurance claims are brought to a successful conclusion.
We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you. Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today.
Trip/ Slip and Fall Claims
Over one million people suffer a slip, trip or falling injury each year, and over 17,000 Americans die as a result. Unsafe conditions are a leading cause of these injuries. Your out-of-pocket costs associated with these injuries can be tens of thousands of dollars. Add the personal and family costs (including inability to do your job or care for your family because of the injury), and it is evident that these injuries can be devastating. Our successes have included cases involving unsafe conditions such as defective buildings or sidewalks, wet or faulty floors, icy walkways, hidden hazards, and many others.
For instance, apartment owners have a duty to maintain the apartments in a reasonably safe condition. If you have been injured, you have rights under the law in Texas. Unfortunately, insurance companies representing these land owners do not always have your best interests at heart. Insurance adjusters are trained to protect insurance profits instead of providing you benefits to which you are entitled. It is important to have an experienced attorney in your corner who will fight with these insurance companies to make sure you receive all benefits owed to you.
We receive more and more referrals from other Texas attorneys because of our reputation of success. As one person indicated, we are the only firm he found that thoroughly prepares each case, and is ready to go to trial. We will do the same for you and your family. We offer a free consultation and there is no fee until we are successful in obtaining a recovery for you.
Don’t get hurt twice, call an experienced attorney to investigate and pursue your claim today. It is of great importance that you find an experienced Personal Injury Attorney as soon as possible after your injury. The failure to act promptly may bar your claim from compensation.
Why You Need Legal Counsel
Whenever someone is injured in an accident, there can be many ramification that will ensue that will affect a person’s life either in the short term, but often for months and even years afterward. Most people involved in an accident have never been in one before and have no idea what steps to take to protect themselves. When the accident is clearly the fault of the other driver, you may shortly have a call coming in from an insurance adjuster regarding settling your claim. While this person may bring you solutions to your situation, remember that they represent the other party and do not have your interests in mind. Most insurance companies seek to quickly settle claims for as little as possible, which can lead to serious problems for you if you choose to accept their offer without consulting with an attorney.
Following an accident a person may not feel the full affects of their injuries for several days, sometimes a couple of weeks. In the case of soft tissue injuries and traumatic brain injuries, some time can pass before symptoms begin to affect a person, resulting in costly medical care being needed later on. If you have already settled for a minimal sum with an insurance company, you may find yourself with medical costs you have no compensation for. Choosing an attorney you feel comfortable with and trust can make a huge difference in the outcome of your injury claim.
Obtaining Compensation on Your Behalf
Other situations can arise which involve the other party denying any negligence or liability for the accident, resulting in your claim being denied by the insurance company. Without legal representation, your chances of overturning their decision to deny your claim are practically non-existent. With the help of a knowledgeable and skilled personal injury attorney, your rights can be protected by someone who knows the laws and how to investigate your loss so that your claim can be proven. A personal injury attorney will generally have investigators and expert witnesses they use to document your claim and other legal professionals that will assist in obtaining compensation on a client’s behalf that can include full medical benefits for their injuries, lost wages caused by the accident, property damage and even to compensate for the pain and suffering you have had to endure because of another’s negligence.
Take advantage of the help you can receive from a trained professional. The chances of recovery remain much higher when represented by a dedicated legal counsel.
What is liability?
There are two elements to every personal injury case that must be determined-damages and liability. Damages have to do with the degree of the loss or injury, including physical injury and disability, emotional distress, pain and suffering, loss of wages, and other expenses. Monetary compensation is awarded to the injured party in this regard. There may also be punitive damages awarded for the reprehensible actions of the party that caused the injuries
Liability has to do with the establishment of proof showing that the defendant is responsible for the injuries of the plaintiff. The bottom line is an individual cannot bring suit for damages if they are not able to establish who is responsible for the injuries they have received. In order for a plaintiff to win their case, they must prove that the defendant was legally liable to act in a particular manner (or not act), and failed to act in that way, and that the plaintiff’s injuries occurred because of this “breech of conduct”. Proving liability in a personal injury claim or lawsuit is crucial to winning your case and obtaining a positive settlement offer.
Types of Liability
Liability is a broad area. There are different types of liability, and many different criteria for determining liability, depending on the type of accident or negligence involved. The criteria for establishing liability in a car or motorcycle accident would be different than for a slip and fall accident, premises liability, product liability, or medical malpractice case.
Strict liability means that just the fact that the product caused harm is enough to file a lawsuit, and negligence does not have to be proved. It applies when inherently hazardous activities are engaged in such as keeping wild animals in a circus. It also may apply in product liability cases, where is it enough to prove that a product was defective.
Comparative liability involves the determination of what portion of liability an individual may have that contributed to a person’s injuries. This may also include the person himself. An example would be if a driver runs a stop sign and hits another car and injures the driver, but the driver of that car was talking on a cell phone at the time. The injured driver may also be partly responsible for their own injuries, and bears some liability for the accident.
What is negligence?
Negligence is carelessness or harmful intent that leads to the harm of another person. It may be an action taken, such as carelessly knocking a hammer off the roof that hits another party in the head, or failing to act, such as when a property owner does not fix a hole in a stair step, causing someone to trip and fall. It can also be caused through the intentional act of someone that leads to an injury.
If someone’s negligence caused an injury to another person, that person may file a personal injury claim or lawsuit. It is not enough for the injured person to simply state that an injury has occurred. In order for a legal claim to be valid, these four things must be shown by the person filing the lawsuit:
The defendant owed the plaintiff a duty of care
The defendant failed to exercise that duty of care towards the plaintiff
The defendant’s breach of duty caused the plaintiff to be injured
The plaintiff suffered damages as a result
Can you win your case?
In order to win a personal injury claim or lawsuit, the plaintiff must show that the defendant was negligent and breached his duty of care. Basically, if it could be foreseen by a reasonable person that an injury may happen as a result of certain actions, the defendant has the duty of care to avoid those actions. An example would be if a reasonable person could see that throwing driving recklessly could lead to an accident, then the person driving in that manner has a duty of care not to perform those actions.
The plaintiff must show that his injuries were caused by the carelessness of another resulting from that specific accident, and not by a condition or injury that pre-existed prior to the accident. Additionally, the plaintiff must show that he or she has suffered damages as a result of the other party’s inaction or actions, such as medical bills and lost wages, because of not being able to work.
Many lawyers offer free case evaluations to help determine if the person that was harmed has a legitimate legal claim, and it whether it would make sense to file a personal injury claim or lawsuit to recover damages for their injuries.
What is a settlement?
In a personal injury case, a settlement occurs when there is an agreement between both sides in a civil law suit or through negotiations. The majority of personal injury cases, be they from a premises injury, transportation accident, medical malpractice, product liability, dog bite, wrongful death, or other type of injury, do not go to trial, but are settled by negotiating with the other party. One side will try to avoid going to trial by offering a specific amount of compensation that they would like the other party to agree to. It is usually, but not always, the defendant that requests a settlement. This is done to minimize the expense they will incur if the case goes to trial.
There is no typical, minimum or maximum settlement amount. The award is dependent upon a number of things, including:
The type of injury and how severe it is
How long it appears the injury will last and require treatment
What financial damages will be incurred (medical expenses, lost income)
A qualified personal injury attorney is the best person to weigh the damages caused by the injury and to put a value to your claim.
It is best to wait until the injured party has a full medical evaluation and is through, minimally, a portion of their treatment before a settlement demand occurs. It is only in this way that there may be a knowledgeable determination of the harm and damages caused by the injury, resulting in a settlement that will be significant enough to cover the future medical needs and expenses of the victim. Negotiation between both sides will then take place until an acceptable settlement amount is agreed upon. The negotiations may occur in an informal way, or, if necessary, mediation may occur.
A personal injury settlement may be received in two ways. One is a lump-sum award, in which the entire amount of compensation is given in a one-time payment. The other is called a structured settlement. There are a number of benefits to a structured settlement, such as tax benefits, and having the ability to predict future income, which assists in preparing in advance for the needs of the injured party. Before deciding on what type of settlement to choose, consulting an attorney and an experienced financial planner is advisable, since each person’s needs are unique.
Personal Injuries & Accidents
Whenever someone is injured in an accident that was caused by the negligence or misconduct of another, they are entitled to receive financial compensation for their injuries and any other damages you’ve suffered. In today’s complex and busy world, people who suffer injuries from being involved in an auto, motorcycle or truck accident often assume their insurance companies will do all the work for them while they deal with their medical care and coping with their lives.
Unfortunately for some, this does always guarantee they get all the help they both need and deserve. If you or a loved one has been injured in any sort of an accident involving a vehicle, defective product, on someone else’s premises or any other type of accident, you should speak to a personal injury attorney at our firm and get a free consultation.
Before you accept any insurance company’s settlement offer to pay for your medical expenses, you should consult with an attorney who understands how insurance companies work and how important it can be to get a thorough and independent diagnosis of your injuries. Insurance companies will often attempt to settle quickly and for an amount that may not be enough to really cover the costs of recovery and possible complications. Let us discuss your accident and injuries with you before you accept any settlement to make sure you receive what you actually deserve.
Personal Injury Attorney
We are dedicated to helping those who have been injured in an accident to get the medical care they need. If your injuries were caused by the negligence of another party, you may also been entitled to receive compensation for additional damages or losses, any lost wages and your pain and suffering. We help people with personal injury cases, such as those relating to amusement park accidents, construction accidents (such as scaffolding accidents), elevator accidents, nursing home abuse and pool drowning accidents. Our legal team can also assist in premises liability, including those relating to slip and fall accidents.
Regardless of the type of injury that has been sustained, our legal team has the knowledge and experience necessary to truly help. We have been involved in a variety of cases and know how to protect victims who have suffered from catastrophic injuries such as dog bite injuries, broken bones, burn injuries, dental TMJ injuries, spinal cord injuries and traumatic brain injuries. We have also helped clients who are filing a wrongful death claim after losing a loved one to a fatal accident or injury. Call us today and receive a free consultation. We will explain your rights and discuss your accident. We can tell you all your options and how we may be able to represent and help you and protect your rights.
Contact a personal injury lawyer if you or a loved one has been injured in an accident. We can help you to get the financial settlement you deserve for your medical care and other damages.
Do you have the grounds with which to file a personal injury lawsuit?
Personal injury cases occur due to the wrongful conduct or negligence of one person to another, resulting in bodily harm, loss, suffering or death. It is possible for a person to file a personal injury lawsuit in order to obtain compensation for medical and other expenses and emotional distress. Because not every injury received will be grounds for a lawsuit, it is a good idea to seek the help of a personal injury attorney to evaluate your case.
The basis for the grounds upon which your attorney will decide if you have a case will depend on:
If another acted in a way that was negligent or irresponsible, and should have exercised reasonable care, or if they had a specific duty to perform
If there was a calculable probability that harm could have occurred, or was there virtually nothing that could have been done to prevent or reduce that harm from occurring
If harm resulted after the occurrence of a criminal act
Other factors that may be taken into account are the extent of financial loss, including medical costs, property damage, lost income, the likelihood of future loss, and how severe the pain and suffering is that was caused by the injury.
Filing a Personal Injury Lawsuit
Your attorney will listen to your account of what occurred, measure these grounds against your potential claim, and decide if it makes sense to move ahead with your lawsuit.
Sometimes individuals file a lawsuit without having the proper grounds to do so. These are known as frivolous law suits. Their purpose is to use loopholes in the law to recover compensation. They take up the time of the court and should not be filed.
There are many legitimate injuries caused by the negligent or intentional acts of another that the victims of those acts deserve to be compensated for. If an individual breaches his or her duty to someone else and causes that person harm, loss, or injury, a personal injury lawyer should be sought to determine if there are grounds for a personal injury case, and how much that case is worth.
Have you been injured in an amusement park accident?
Though amusement parks are touted as places of fun and escapism for children and families, they yet present a high risk of accident and injury. Roughly 3000 people are injured in amusement park accidents every year, with an average of four suffering fatal wounds. Disneyland Park alone has been responsible for at least 13 deaths in its years of operation, and countless more injuries. These incidents are partially due to the fact that such parks feature rides and attractions that exert extreme forces on the human body, and carry riders around at high speeds, greatly increasing the risk of injury. In addition, amusement parks often feature many barriers and obstacles on their grounds, which create an environment with an increased likelihood of slip/trip & fall accidents.
If you have suffered injury in an accident at an amusement park, such as Disneyland, it is highly recommended that you contact a personal injury lawyer as soon as possible. With their help, you may be able to secure equitable compensation for your injuries from the park that is responsible.
Amusement Park Accidents
Our attorneys provide comprehensive legal service to individuals throughout texas who have been injured in accidents. Our firm is dedicated to protecting the rights of those who have been injured due to someone else’s negligence, and we fight aggressively for every client to give them the best chance of favorable outcome in their case. If you have been injured at an amusement park, contact our office today and we will work to reach a possible outcome that sees you fully compensated for your injuries and damages.
Defective Product Injuries
As the number of new and technologically advanced products entering the market increases, so too does the risk of being harmed by one of these products in the event that they are defective. Currently, defective products are responsible for over 29 million injuries every year in the United States, as well as 22,000 deaths. The products responsible for these injuries and deaths are of all types, from automobiles to children’s toys to food preparation items.
In a defective product case, it is almost always negligence that is to blame. This negligence can come from a variety of sources, including the designers of the product, the manufacturers of the product, those responsible for packing and shipping the product, and those who sell the product. Errors or flaws can be introduced at any point in a product’s life cycle, rendering it wholly unsafe to use by consumers. If you have sustained injury from a defective product, it is recommended that you contact a personal injury lawyer right away. An experienced attorney can work on your behalf to pursue compensation from all of the parties responsible for your injuries.
Defective Product Attorney
Our attorneys are dedicated to protecting the rights of those who have been injured in accidents. Our firm possesses over 40 years of combined legal experience, and we put that experience to use in cases ranging from defective products to elevator accidents. We are available on an immediate basis to assist you in your defective product case. Contact our offices and we will work to improve your chances of an outcome that sees you compensated by all of the at-fault parties.
Has a defective product resulted in you sustaining injury? If so, contact a Defective Product Attorney who can assist you in seeking restitution from any and all parties responsible.
Dog Bite Injuries
Approximately 4.7 million people are bitten by dogs every year in the United States, which roughly equates to 2% of the national population, according to sources. Of that number, 800,000 people suffer injuries serious enough to require hospitalization, and an average of 30 are killed.
Most dog bite injuries are a result of owner negligence. Owners who leave their dog unsecured on their property, or walk with them while they are off the leash are greatly increasing the chances that their dog will suddenly attack and bite someone. When this happens, the owner may be held fully liable for the injuries and damages that the victim has sustained. If you are one of those who have been attacked and bitten by a dog, it is in your best interest to seek the help of a personal injury attorney right away. An attorney can provide you with legal help in your case in an effort to secure injury compensation on your behalf from the dog owner responsible.
Have you been victimized in a dog attack?
Those who have suffered injury due to someone else’s negligence are best served by contacting our firm. We have assisted countless individuals in their personal injury cases, and we have recovered tens of millions of dollars in damages for them in the process. We represent every client with the goal of obtaining the best possible case outcome for them, and no less. Contact our office right away if you have been bitten by a dog, and we will fight tirelessly for a possible resolution in your case that sees you compensated in full for your injuries.
Have you been harmed in a dog attack? Contact a Dog Bite Attorney who can pursue injury compensation from those responsible on your behalf.
Have you lost a loved one in a tragic pool accident?
Texas enjoys many warm and sunny days each year, and thus many residents have access to and regularly use swimming pools – at home, at a friend’s house, or at public pools. Sadly, what began as a day of enjoyment or fun can end in tragedy when someone loses their life to a drowning accident. Or equally as tragic is when a small child wanders into a pool by accident because of improper fencing or locks. Statistics show that drowning is the leading cause of accident death for children aged 1-4 and the second leading cause for children up to age 14. If you have lost a loved one due to a pool drowning accident, a personal injury attorney can be of caring and trustworthy assistance.
We are all responsible for the protection of others, particularly children, who lack skills and experience of an adult and stand much more vulnerable. Many of these senseless accidents occur at residential pools and could have easily been prevented had negligence not crept into the picture. Some common examples of pool drowning accident causes include:
An absence of a lifeguard or adequate supervision at public pools
Negligence of a pool owner
Defective gates and fencing leading into and surrounding a pool area
Improper lifeguard training
Design or manufacturing defects of pool or hot tub equipment
Pool Drowning Accident Attorney
Our attorneys understand the grief and pain you are experiencing after the loss of a loved one. Our firm is well-equipped to help guide you through this difficult time. We offer compassionate legal care and can ensure that your needs are looked after if you’ve been through such a profound loss. Although some pool accidents are simply tragic and without blame, many others could have easily been prevented had an owner or operator not been negligent and careless.
Contact a Pool Drowning Lawyer as soon as you can for caring and knowledgeable legal counsel after an accident.
Injury & Accident Law – Frequently Asked Questions
If you or a loved one has recently been involved in an accident of any type, you understand that this will be a difficult and emotionally frustrating time in your life. The injuries will not only affect the victim, but the ones around the victim as well. While recovering from injuries may be your main point of focus, it is always important to inform yourself on your legal rights and options at the current time. Fortunately, a personal injury lawyer from Our Law Group can answer some of your most commonly asked questions regarding accidents and injuries throughout the area.
Do I need to hire a personal injury attorney?
When you are involved in an accident of any type, including a car accident, motorcycle accident, drunk driving accident, pedestrian accident or workplace accident, having a seasoned personal injury attorney is absolutely necessary. With legal representation at your side, you will be more informed as to your rights and will have a much better chance at securing a claim. When your injuries were the result of another person’s irresponsible actions, you should be compensated, and a personal injury lawyer can help you achieve that.
When should I involve a lawyer?
It is always best to involve a lawyer as soon as possible. While it may not be the first thought that crosses your mind when you are in the hospital or under a physician’s care, it is extremely important due to the timeliness of this matter. You will have a limited time to file your claim, and without the claim, you may be stuck with tens or even hundreds of thousands of dollars of medical expenses to pay out of your own pocket.
What types of cases are considered “personal injury” accidents?
From construction accidents to premises liability to wrongful death claims, our firm covers it all. If you were injured at the hand of another negligent individual, we will stop at nothing to ensure that you obtain the compensation that you rightfully deserve. Whether your injuries stemmed from nursing home abuse, an amusement park, a transportation accident or a dog bite, the legal team at the firm is prepared to defend your case and work towards achieving a maximized settlement on your behalf.
What types of injuries are covered in workers’ compensation?
While workers’ compensation cases can be quite tricky and legally complex, with help from an injury attorney, you can have your rights protected to ensure the filing is done correctly. From burn injuries and amputation to spinal cord injuries and traumatic brain injury, work injuries can be devastating and life-changing. Call our firm today to learn your rights and options to get benefits after you have been injured at work.
What expenses will a personal injury claim cover?
After you have been injured, you will have extensive medical expenses such as the cost for an ambulance, hospital stay, medication, surgical procedures, rehabilitation and future doctor visits. Additionally, if you have damage to your property, the personal injury claim may be able to cover this as well. With all aspects of your injury accident covered, including current and future loss of wages, you will be able to recover at your own pace knowing that you do not have to pay for the damages caused by another person.
Call a Personal Injury Lawyer
To find out more information about personal injury claims and how you can retain the services of a legal team to protect your rights, call Our Law Group today. With extensive experience in all areas of personal injury and workers’ compensation law, our firm is ready to defend your rights and fight for your benefits today!
Contact a personal injury attorney from our office today to have all of your questions addressed!
Helping Victims of Negligence
As we go about our daily business, we rarely think about safety issues that we may come across on someone else’s property – a retail store, another person’s home or apartment building, and other public places. Yet we stand at risk for injury when store owners, landlords are not diligent in ensuring that their property does not have inherent risks to our safety. Such things as wet floors, dangerous steps and flooring, malfunctioning elevators and escalators, and any other potentially dangerous scenarios must be clearly marked and swiftly attended to. From a slip and fall accident to a dog bite, if you suffer an injury due to the negligence of another, you will need the help of a personal injury lawyer to protect your legal rights to recourse.
In the end, it is the responsibility of any property owner to make sure that visitors to their property do not suffer harm while they are on site. To prove such liability in a civil action, you will need to show that:
An owner, landlord, or property manager did not exercise a proper level of care as determined by law
You sustained an injury
Your injuries were a result of negligence and carelessness
First and foremost, you should receive immediate and full medical care for your injuries, and should not be subject to the pitfalls and red tape that come with health insurance or the absence of insurance altogether. Your attorney can assist you with every step along the way from proper care to case examination to negotiation and legal action.
Premises Liability Lawyer
When you are seeking a legal team that can get the job done, you can count on our attorneys. Our firm is proud to help those who have been injured by the negligence of others and will work aggressively towards every possible avenue of compensation that you deserve. Our dedicated and experience will help you get back on your feet and regain your afflicted financial footing as soon as possible.
Put your trust in a legal firm that cares deeply about your best interests. Contact a Premises Liability Attorney today.
Helping Construction Accident Victims
We depend heavily on the hard-working men and women who earn their living in the construction industry. Without their diligent efforts in the construction of homes, office buildings, and many other projects, our economy would come to a standstill. Unfortunately, construction accidents happen each and every day and one of the most common dangers is that of the scaffolding accident. When negligent setup or maintenance of these crucial structures exists, it can lead to serious injury. After experiencing such an accident, it is wise to contact a personal injury attorney for swift legal help.
As reported by the Occupational Safety & Health Administration (OSHA), nearly 75% of all scaffolding injuries occur when planking/supports collapse or when while on the scaffolding a person slips on an unsafe area or is struck by an object. And in 80% of these accidents, there were no safety guard rails in place for protection. Proper installation and safety measures such as harnesses, hoists, protective gear, and guard rails must be in place – and when they are not, you can be subject to perilous falls, being struck by falling objects, and even electrocution. Serious injury and death are both real possibilities for those who suffer a scaffolding accident because of the negligence of another.
Scaffolding Accident Attorney
Your safety, health, and vitality are extremely important. Our outstanding team of attorneys are dedicated to helping those who have been injured in senseless accidents. You deserve financial compensation for your pain and suffering, as well as the extremely high medical bills and impactful loss of income that a serious injury can cause. You can trust our competent and aggressive team to work for a full and just resolution to your claim.
Contact a Scaffolding Accident Lawyer immediately if you have been injured.
The Perils of Spinal Cord Injuries
Without a doubt, the human body is a marvelous specimen. We have achieved much because of all of the amazing tasks that we can complete. But at the same time, it is also a very fragile specimen. One of the most crucial parts of the human anatomy is the spinal cord. It supports our body, allows us to walk upright, shields important parts of our central nervous system, and serves as a channel from the brain to the remainder of the body. When it becomes injured in an accident, it can have profound impact on our lives. If the negligent actions of another have led to your spinal cord injury, contact a personal injury lawyer for immediate and caring assistance.
The spinal cord shields an important and complex system of nerve roots and fiber tracts. When this area is injured, it can be a truly catastrophic injury, both difficult to treat and leading to many times irreversible consequences. Prolonged and costly medical and rehabilitative treatment can be required, creating an immense strain on finances and permanent changes to your lifestyle. Among the repercussions of spinal cord injuries are:
Compromise of motor skills
Loss of sensation
Problems with the respiratory and digestive systems
Paralysis, including paraplegia and quadriplegia
Spinal Cord Injury Lawyer
As you embark upon the long road to recovery and receive prompt and much-needed medical attention, our legal team can defend your legal rights and interests by seeking compensation from negligent parties. Dedicated to excellence in client care and representation, our lawyers have the experience and legal know-how necessary to successfully pursue insurance negotiations and personal injury claims.
We understand your pain and suffering. For immediate and valuable work on your case, contact a Spinal Cord Injury Attorney.
An accident can happen in the blink of an eye. It only takes a second and everything that you have known can be flipped upside down – leaving you not only with crippling physical pain, but also financial strain and emotional trauma. The injuries that can be sustained in a personal injury accident, such as a car accident or workplace accident, are severe and varied. While these accidents can sometimes result in minor wounds, such as shallow cuts or mild bruises, this is not always the case.
Understanding the Different Types of Injuries
In fact, all too often the result is a catastrophic injury. This could be anything from broken bones to a burn injury, spinal cord injury, brain injury or even an accidental amputation. These are not minor injuries and can leave the victim suffering from long-term and serious consequences. In situations of this nature, the victim is likely eligible to fight for compensation to help cover damages. This compensation could be used to help pay off current medical bills, help cover the gap caused by a loss of income or even just be used to help a victim cover any pain and suffering they have sustained.
At Our Law Group, we are compassionate to the suffering of victims in preventable accidents, regardless of the exact nature of the injuries that they have sustained. For this reason, we have devoted our practice to providing compassionate and creative legal advice to helping them. Should you choose to work with a personal injury attorney from our firm, you will be able to trust that we will never look for an easy way out. Instead, we will do everything we can to help you obtain the just outcome that you are truly looking for.
For legal assistance in a personal injury claim, contact a personal injury lawyer from our firm as soon as possible.
Have you suffered a TBI in a senseless accident?
An unfortunate injury that can occur due to such impactful events as car accidents, slip and fall accidents, workplace accidents and many others is a traumatic brain injury (TBI). This sort of injury involves trauma to the head area, which in turn can create a myriad of problems for the brain. Deceivingly, symptoms of a TBI sometimes don’t develop until later down the line. Damage can range from minor to life-threatening, and prompt medical attention after an impactful event should always be your main concern. After you have received medical care, your next call should be to a personal injury attorney that can help you seek financial recourse for your injuries.
There are fewer more frightening injuries than those to the head. We understand the importance and complexity of the brain, for almost all physical and psychological functions. Minor brain injuries can lead to loss of memory, confusion and personality changes. When the damage is more severe it can lead to such symptoms as a reduction in cognitive and motor skill abilities, vision and hearing problems, dizziness, inability to concentrate, excruciating headaches, speech problems, deep emotional problems, and amnesia. The blow brought on by head trauma due to the negligence of another can change the course of your life forever, and that injustice must not be allowed to stand.
Traumatic Brain Injury Attorney
With over 40 years of collective experience, our capable team of attorneys have the knowledge and tenacity you need to mount a successful personal injury case. Financial recovery for medical bills, lost income, lost enjoyment of life, pain and suffering can all be aggressively sought from those guilty of negligent behavior.
Act now to protect your future. Contact a Traumatic Brain Injury Lawyer as soon as possible.