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Reasons Why You Might Have an Injury Liability Claim in a Car Wreck

Reasons Why You Might Have an Injury Liability Claim in a Car Wreck

It’s virtually inevitable that some unfortunate day, most of us will probably be involved in a car accident. But how can we tell whether or not we have a successful personal injury case against a negligent driver who should reimburse us for our injuries? Most of the time, a car accident victim has a legal right to collect money for injuries by proving the four elements of an accident claim in court. Because all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants in any insurance claim or civil lawsuit. And all the defendants must do is deny your claim and tell you to “prove it.” Then, if your evidence isn’t strong enough to do that, they win and you don’t collect.personal injury lawyers

There are four elements to proving injuries against a defendant. You must clearly and in succession, demonstrate each of your charges is true. They are duty, breach, causation, and damages. Below is a brief discussion of each of these four elements. They should give you a clearer idea of what it will take to prove that you’re entitled to be compensated for your injuries.

Defendants Owe You a Duty of Care

You begin by clearly establishing the duty of care that was owed to you by the defendant because we are all required to exercise an acceptable level of caution to ensure that we do not harm others. Texas Civil Law establishes the various standards that surround the duty of care which a person or organization […]

Reasons Why You Might Have an Injury Liability Claim in a Car Wreck2021-04-05T19:29:34+00:00

Proving Damages in the Home Stretch is Winning Car Wreck Cases

Proving Damages in the Home Stretch is Winning Car Wreck Cases

After you have successfully proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto, which then hit you, you’re heading into the home stretch. One more step and you’ve successfully made a strong case in your civil damage lawsuit.car accident attorneys

It’s now time to prove the number of damages the defendant (or defendants) owes you. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It’s a broader legal term that refers to the entire monetary value of your physical injuries and financial involvement (the total sum of money) you hope to recover from the defendant after you’ve won your case. Damages might also include physical pain and suffering, psychological scars arising from your injury, lost wages as a result of your inability to work, loss of future income if your injury leads to any form of disability. Damages may include repair or replacement bills to your auto and any items of worth that were destroyed in the wreck. If the plaintiffs are the surviving family members of one who was killed in the car wreck, wrongful death damages are involved as well. Funeral expenses, pain, and suffering experienced by the family due to the loss of that loved one, and the future income that the family member would have earned may also be included in the claim. To prove what you’re entitled to collect, you and your attorney must accurately calculate what you’re owed and provide evidence of the extent […]

Proving Damages in the Home Stretch is Winning Car Wreck Cases2021-03-01T22:04:39+00:00

What Are the Options for Damages in a Semi-Truck Accident?

What Are the Options for Damages in a Semi-Truck Accident?

When we refer to damages, we are referring to the ultimately quantifiable list of financial and emotional losses. This becomes more complicated than you would think, but in the majority of fatal semi-truck accident claims, there are two possible sets of damages the victim’s family can claim. These are damages for wrongful death and survival damages. When we are talking about wrongful death damages, we are talking about the damages resulting from the suffering that the family and the loved ones have incurred following the death of a family member, and the additional losses that come if that person was a wage earner. When we talk about survival damages we are referring to the emotional and financial losses that come after losing a family member, the hospital bills, the wages lost, et cetera.truck accident attorneys

Wrongful Death Damages

The damages for wrongful death could include compensation for any medical expenses suffered by the victim while they were in the hospital and the funeral expenses resulting from the accident. These are fairly black and white. They will be clearly marked on bills and can be easily presented to a jury. Wrongful death damages also include the loss of the financial support of the deceased as proved by his or her prior support to the loved ones. In cases where the primary wage-earner was the victim of the accident, the losses are particularly acute, seeing as how not only was all of that income lost, but also some current member of the family will have to find a better job, possibly undertake expensive training, and so forth. The severe emotional trauma […]

What Are the Options for Damages in a Semi-Truck Accident?2021-02-24T02:14:10+00:00

Get A Smart Attorney For Your Personal Injury Case

Get A Smart Attorney For Your Personal Injury Case

Knowing the Law is Only Half the Battle in Winning Against Well-Funded Defendants and Their Insurance Companies

Contrary to what you might think, knowing the law itself is only about 30 percent of the equation that produces a successful personal case. Much like being a successful race car driver or high-fee CPA, most legal triumphs are a direct result of experience, and knowing how to execute the procedures, prove the damages properly and establish a strong tie between the defendant’s actions and the plaintiff/victim’s injuries. Most importantly, however, is being able to convince a jury in your argument, which is how to win a personal injury trial. When it comes to any profession, from race car driver to CPA to personal injury lawyer, experience wins.personal injury law

Anyone can read a law book. A lot of you know how to read all those “free advice” legal Web sites. Many people are also tenacious negotiators in life and know how to “do deals”. But when it comes to personal injury, someone on your side must know how to apply the law by using the proper procedural methods and other vital skills that only years of experience have honed to a fine edge.

Sadly, a lot of people don’t call an attorney until something happens to make their chances of winning extremely low. We can tell you that those who call us quickly have a much easier time winning their damage claims and cases than those who call us as a last resort, or too much time has passed, or they tried to handle it themselves and botched the thing.

By first-attempting […]

Get A Smart Attorney For Your Personal Injury Case2020-06-11T20:13:26+00:00

ATV Accident Attorneys – Personal Injury Law

Have You Been Injured in a 3-Wheeler, 4-Wheeler, UTV or ATV Accident in Texas? Our Law Offices Can Help

Every year, thousands of residents enjoy driving in Texas with either their 3-Wheeler, 4-Wheeler, UTV, or ATV. All-Terrain vehicles may seem like a lot of fun to operate, however, there are many risks associated with these types of large vehicles as well.

Around 135,000 accidents and 700 ATV related deaths occur every year in the United States. This figure is according to the latest study done by the Consumer Products Safety Commission.ATV accident attorneys

All-Terrain Vehicles are very large vehicles that can be very dangerous and cause severe injuries to the drivers and passengers of that type of vehicle. The reason why ATV vehicles are so risky to operate is that they lack any adequate safety features on the vehicle in order to protect its drivers and passengers. Some ATV vehicles are designed only for performance needs at the expense of safety precautions. If you or a loved one were injured in an ATV accident, then you may be eligible to file a personal injury lawsuit in order to recover from your injuries associated with the accident. If you or a loved were a victim of an ATV or UTV accident, then know that help is available. Call the experienced personal injury lawyers at our Law Offices today to see what type of litigation you can seek in your all-terrain vehicle accidents that you have experienced. Our attorneys at our Law Offices have 20 years of experience litigating all types of auto accident cases in and other cities in Texas. We have helped numerous families overcome the pain and suffering […]

ATV Accident Attorneys – Personal Injury Law2020-05-05T15:22:10+00:00

Insured and Uninsured Defendants – Personal Injury Law

Insured and Uninsured Defendants

In Texas, and without exception, all drivers must have auto insurance. Several powerful technologies allow law officers to know this important fact instantly, and mete-out “street justice” by immediately towing non-insured vehicles and give them costly tickets. But still, one-in-four drivers remain uninsured. If an insurance company is involved in your case or not, it makes a huge difference in the legal process and the outcome of your claim. But certain conditions surrounding your accident (and compensation) can become intricate, and contentious.

Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. Coverage is generally good news for you because it usually means there will be some amount of money available to compensate you for your losses if you’re successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Additionally, just because there is money theoretically available under an insurance policy to compensate you doesn’t mean that that compensation check is easy to come by. Anyone who has carried minimum coverage understands that some companies pay better (meaning quicker) than others. And some, with claimants as well as customers in-general, aren’t generally very responsive to any process other than taking in premiums. In just about any accident case where an insurance company is involved, it means that you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who all work to see that you lose. Visit this website @

Insured and Uninsured Defendants – Personal Injury Law2020-03-23T17:26:22+00:00

Personal Injury Lawyers » How A Release Works After A Personal Injury Lawsuit

Personal Injury Lawyers » How a Release Works

The Legal Ramifications of Signing a Release

In every personal injury case that we settle, our clients will eventually sign a release that will release the defendant from any future financial obligations. When properly evaluated and endorsed by your attorney, signing a release is a fairly innocuous event that should signify the conclusion to your former legal troubles.

However, for those that are not represented by an attorney, signing a release can, in fact, be the beginning of their legal troubles. In this article, we explain precisely what a release is, consequences of signing, and common concerns that must be taken into consideration before signing a release.Personal Injury Lawyer

Dangers of Signing a Release

There are several concerns that must be addressed prior to signing a release and those who are not represented by a competent attorney can fall victim to these pitfalls.

1) Is The Release Equitable and Sufficient to Cover Your Costs?

When you sign a release, you are forever relinquishing your right to sue the defendant regarding this claim. Before making this exchange you should talk to an attorney to make sure it is a good idea to release the defendant from all future liability regarding this claim and that the settlement amount is enough to compensate you for your damages.

We have had clients who signed a release believing that it was equitable and sufficient to compensate them for their injuries. However, it was revealed that the injuries were worse than they appeared at first and that more money would be needed for future medical expenses, but since the client signed the release they were not able to get compensation for these […]

Personal Injury Lawyers » How A Release Works After A Personal Injury Lawsuit2020-02-12T14:12:21+00:00

The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas

The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas

In the movies and on television, the practice of law is usually done in courtrooms with a charismatic lawyer screaming out “Objection, Your Honor!” In reality, many methods exist to resolve a case and most are far less complex and stressful than taking the case to court. An expert personal injury lawyer begins preparing his or her case as soon as he or she takes it, but the purpose of building a strong case is not to go to court, but to force the defendant or their insurer to reach a fair settlement without going to trial.Personal Injury Lawyer

While an assertive attorney is never afraid to take the matter to court, most commonly, the best way to settle a case is through mediation.

If you have suffered a personal injury, mediation may be the best venue for you to seek restitution. Texas attorney and his team of lawyers at our Law Offices are here to explain mediation to you and help you decide if it’s the best option for settling your personal injury claim.

What is Mediation?

Mediation is designed to cut down on the amount of litigation by permitting attorneys for both the victim (plaintiff) and defendant to meet personally with an unbiased third party and see if the case can be resolved without going to trial. Both sides have the opportunity to present the evidence that would use in court, if the case comes to that.

Generally, the two parties in a lawsuit agree to mediation after the suit has been filed but before the trial is scheduled to begin. Both parties are […]

The Attorneys at our Law Offices Discuss Mediating a Personal Injury Lawsuit in Texas2019-10-21T16:49:22+00:00

Intervening Causes in Personal Injury Cases – Accident Law

Intervening Causes in Personal Injury Cases

Houston Personal Injury Lawyers » Intervening Causes in Personal Injury Cases

What is an Intervening Cause in Relation to a Personal Injury Claim or Lawsuit?

One of the elements of proving negligence in a personal injury claim is causation. To be awarded damages, the plaintiff must prove that the defendant had a duty of care, he breached that duty, the victim suffered damages, and those damages were directly caused by the defendant’s actions.

The defendant can only be held liable for the plaintiff’s injuries if the defendant’s actions were the direct cause of the victim’s injuries. This means that a direct link must exist between the defendant’s actions and the injury. Occasionally, the defendant will be able to assert an affirmative defense such as an intervening cause. An intervening cause may absolve the defendant from liability; however, it typically will not absolve the defendant on the sole argument that it is an intervening cause.personal injury lawyers houston

What is an Intervening Cause?

Generally, an intervening cause breaks the link between the defendant’s action and the injury caused. There are several requirements that must be satisfied before an event can be labeled an intervening cause. To be classified as an intervening cause the event must have occurred after the defendant’s negligent action, but before the victim’s injury occurred. Additionally, this intervening cause must have actually caused the injury. If all these elements are met, the event can be deemed an intervening cause by the court and relinquish the defense from liability. For example, say you own a restaurant that is occasionally run by a generator located in the back alley. You spill gasoline while trying […]

Intervening Causes in Personal Injury Cases – Accident Law2018-11-21T15:20:06+00:00

Are the Roads Safe For Bicyclists

Are the Roads Safe For Bicyclists

Despite efforts by many bicycle organizations and government agencies, a considerable amount of work must still be done to make roads and streets safe for cyclists. A study conducted by the Insurance Institute for Highway Safety (IIHS) revealed that hundreds of U.S. cyclists are killed in crashes with motor vehicles. Sadly, almost 91 percent of cyclists killed were not wearing a helmet. According to the IIHS, helmet use has been estimated to reduce the risk of head injuries by 85 percent. The IIHS also reports death among cyclists 16 and older increased in recent years, while death among cyclists younger than 16 declined significantly. Adults between the ages of 35 and 54 represented almost 40 percent of all bicycle collision fatalities in the state, reports the Metropolitan Transportation Commission.personal injury attorneys

If you or a loved one has been injured in a bicycle accident, it is within your best interest to speak to a personal injury lawyer as soon as possible. Our bicycle accident lawyers understand how devastating an unexpected injury can be. If the bicycle crash injury was caused by the negligent or careless actions of another, you may be entitled to financial compensation. Our firm has helped clients obtain compensation for medical costs, lost wages, lost benefits, disfigurement, shortened life expectancy, and pain and suffering.

Causes of Bicycle Accidents

In most studies, driver negligence has been shown to be the most common cause of accidents involving a cyclist. Common negligent or careless actions by a motor vehicle driver, include:

Backing out before checking mirrors
Use of drugs or alcohol
Unsafe left hand turns
Failing to yield the right of way
Driving through a stop sign […]

Are the Roads Safe For Bicyclists2018-11-02T16:34:54+00:00
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