What is the Statute of Limitations for a Wrongful Death in Texas?

If you’ve had the unfortunate experience to lose a loved one in wrongful death, grieving the loss can take many months to many years. However, during this understandably difficult and emotional time, it’s in your best interests to contact competent legal help before the statute of limitations expires and you’re no longer able to seek just compensation for your loss. Additionally, certain exceptions exist that can allow for an increase in the time allotted for wrongful death statute of limitations. To further assist you in understanding the statute of limitations for wrongful death cases, Our Texas wrongful death attorneys explain what that means, as well as the multiple exceptions that might benefit your case. More on this website

What is the Statute of Limitations for Wrongful Death Cases?

The statute of limitations equals the time that you have as a possible plaintiff to bring legal action against a possible defendant. In wrongful death cases, the statute of limitations allows two years from the date of the accident for a victim to resolve a claim or file a wrongful death lawsuit. However, the following exceptions can apply to certain instances. Contacting our competent lawyers can help you understand if such exceptions might apply to your case.

Plaintiff Cannot File Due to a Physical or Mental Incapacity

A mother and daughter might be involved in an auto accident caused by the negligence of a drunk driver where the daughter dies and the mother is in a coma for five years. The mother has the right to file a wrongful death lawsuit, but she was physically incapable of doing so within […]

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How To Make Accident Law Work In Your Favor

If you’ve been unfortunate enough to have been injured as a result of an accident then you have certain obligations. For example, if this happens at work then you are duty-bound to report it and the first place you should turn in this case is normally the accident book which the majority of employers are required to maintain. Your employer will want to know all the details involved as they are in turn required to report such incidents in most cases. A lot of information is gathered to try and ensure that these accidents don’t happen again, as well.

If you are injured as a result of a road traffic accident this has to be reported to the police. This is an important part of accident law and will also help to determine who is at fault, who may be prosecuted as a result, and/or who may be found to be responsible for the payment of compensation in a qualified court of law.

You should remember that any accident that causes injury will usually have repercussions.

The other party may be found to be criminally negligent for example and this might involve a complaint being brought to bear against that party by the criminal justice system. However, quite apart from such situations, you will invariably find that you may need to take action yourself to get compensation for the injuries, loss of earnings, and pain and anguish that you have suffered as a result.
This is […]

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.

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 to represent […]

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 @

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.

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 […]

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.

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 […]

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.

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 […]