Related Articles
3 Things That Can Ruin Your Case
Who is Liable?
Determining Value in a Products Liability Case
Cost to Pursue a Case
Where Should You File? – County or Federal Court
Defective Automobiles
Defective Boats
Tire Defects/ Rollovers
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Personal Injury Lawyers – Products Liability Lawyers
We Have Been Winning Defective Products Liability Cases For Over 20 Years

Since the founding of Our Law Office in 1990, our injury attorneys have been helping those injured due to another’s negligence. This article is intended to explain products liability law, highlight some of our successes, and demonstrate how the attorneys at Our Law Office should be your first choice to represent you in your product liability claim.

How Do Product Liability Cases Work?
Product liability laws are generally all-encompassing in order to provide potential plaintiffs with all avenues of recovery to ensure that they receive the compensation that they deserve as a result of their injury. When an individual brings a product liability suit, all parties that are part of the chain of distribution will be considered potentially liable. Parties that are considered a part of the chain of distribution are all parties that had some level of involvement with the product from the design, to the sale of the product. This would include any manufacturers, sellers, delivery agencies, and all other similar parties. The thought process behind holding all these parties liable is that it is the responsibility of all parties to ensure that a safe product is being sold.
When you are pursuing a product liability cause of action there are generally two different avenues you will pursue, either a wrongful death claim or an injury claim that arose out of the defective product. Each of these types of injuries will have different recovery options. When you are dealing with a wrongful death cause of action you will typically be seeking reparation for the lost assets the deceased individual would have provided absent the death. These types of assets include loss of income. You will also seek monetary relief for your emotional losses as well as any medical expenses that your loved one may have incurred arising from the defective product injury prior to their death. An injury claim will seek relief for lost wages you may have had to incur from any absence from work. Other payments will be for pain and suffering and medical bills as well among other recoverable damages.

Example Cases
Our Law Office has handled a multitude of very diverse cases in the product liability context. We have a history of success in these types of cases, whether they are defective medicine, tires, vehicles, toys, or even boats. A few highlights of our past successes: our ability to win a case where a woman suffered injuries to her back and broke several bones as a result of a defective throttle assembly in a boat. Another case where we were successful was where our client was injured while walking through a public park when a nearby bird-feeder burst into flames. We have also won cases for auto defects and many other different product liability causes of action. There isn’t a product liability case that we are not prepared to handle.

Why Experience is Necessary
Experience matters in several different trains of thought. You want an attorney that has been successful in these types of cases because they will know what to do, and how to present your evidence in the best possible light for you. Most cases will never see the inside of a courtroom, the settlement offers that you will receive will not only be based upon the quality of your case but mostly on the defendant’s belief in their likelihood of winning the case at trial. Defense lawyers know that any case we represent will not be an easy victory in a trial, and they are more likely to avoid trial by increasing their offers.

If you or a loved one has been injured as a result of a defective or faulty product, know that you have rights. The attorneys at Our Law Office are here to help you get the results that you are seeking. We have handled a multitude of different cases just like yours and may be able to help you recover as well. To discuss your recovery options with us call us; you will be glad you did.

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Personal Injury Lawyers – 3 Things That Can Ruin Your Product Liability Case – Defective product lawyer
Steps to Take and Things to Avoid in Order to Preserve the Value of Your Products Liability Case

All personal injury matters are a process, not an event. You cannot simply make accusations that a product was defective and be compensated for your damages. With the assistance of a qualified attorney, you must effectively prove that the product was defective, the manufacturer is liable, and that this defect was the proximate cause of your injuries. There are many things that you must do to have a successful product liability claim, but here are a few things that can ruin your case: disposing of the product, waiting too long to pursue the claim, and hiring the wrong law firm.

Disposing of Product
When a manufacturer produces a product or a drug, they typically make thousands or even millions of these products. In some product liability cases, all examples of a particular product are defective. In this situation, everyone who owns this defective product could potentially be hurt and each person who is injured by the product will suffer the same effects. If you own or possess that particular faulty product then it is presumed that you will suffer the same effects as anyone else. However, a lot of other products fail on an individual basis; therefore you need to possess this particular product to prove that it was defective.
In cases where we need a distinct product that was defective, the product itself cannot be disposed of before the case ever goes to trial. Our attorneys are skilled and practiced in protecting evidence which is the foundation of your claim. For instance, we have litigated defective auto cases which require the vehicle to be put in storage through the duration of the case. This allows us to properly preserve the evidence, prove that it has not been tampered with, and allows us to use the evidence at our disposal. If you mistakenly dispose of the defective product or allow it to become altered in any way, the basis for your entire claim could be destroyed.

Waiting Too Long to Pursue the Claim
If you wait too long to pursue the claim, you run the risk of not having all the evidence necessary to prove your case. Many prospective clients have waited too long to hire anyone and by the time they called us, all the evidence had already been completely eradicated. As mentioned above, many product liability claims revolve around one specific piece of evidence. By waiting to file a claim against the manufacturer, the evidence can easily be destroyed or lost.
Additionally, victims can wait too long to file a product liability claim and the statute of limitations can expire. You are allowed a very narrow amount of time to file your personal injury or wrongful death claim. Once this time passes, you are completely barred from filing suit. Many people wait too long to file their product liability lawsuit and ultimately receive nothing because the statute of limitations has passed. But here’s the tricky part. Not everyone can intuitively identify when their statute of limitations begins, so they may very well think that their two years have not run out, but they are basing this on the wrong starting date.

Hiring the Wrong Law Firm
Product liability cases generally involve severe life-threatening injuries and the defendant typically will have many assets. Therefore, a lot of attorneys will see these cases as a payday, but most law firms are ill-equipped to take the necessary steps to get to that point. In other words, some firms want the case but they don’t have the means to actually work the case properly. There are numerous reasons why a law firm may be ill-equipped to handle your claim:

They do not understand how or where to file a product liability lawsuit.
They do not have the necessary connections to prove your injury.
They do not have the necessary resources to execute your claim.

Many law firms are not qualified to handle your product liability claim because they do not know how to handle such a complex lawsuit. Product liability claims involve being proficient with intricate details of the defective product and the resulting accident. Furthermore, not every law firm has attorneys which are licensed to practice in both state and federal courts. Many product liability claims must be filed in federal court and many attorneys are simply not licensed for federal court. Our Law Office has attorneys who are licensed to practice in both state and federal court and we are very familiar with handling such complex claims.
Our Law Office has plenty of connections that are necessary for the success of your claim. Proving a product liability injury often requires numerous expert witnesses and scientists who are capable of recreating the accident. Without these invaluable connections, your claim could be greatly harmed and you may not reach a successful outcome. Our attorneys have used many expert witnesses in past claims to prove injuries and convince the jury of our client’s need for compensation.
And finally, many law firms do not have the capital necessary to pursue your claim. Product liability cases are incredibly expensive and often the attorney will have to pay out of pocket to secure evidence and have experts pursue analysis. Additionally, our attorneys will probably have to travel, and, simply put, many law firms do not have this disposable income to adequately pursue your claim.

Our Law Office is dedicated to helping our clients seek the justice they deserve. We are passionate about helping victims like you and we put your needs before ours. To learn more about important aspects of your product liability lawsuit, contact Our Law Office.

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Responsibility for Injury Due to a Product Defect
Personal Injury Lawyers – Responsibility for Injury Due to a Product Defect
Our defective product attorneys have won thousands of cases. Call us today to discuss your case.

Who All is Responsible for an Injury Caused by a Defective Product?

We trust that the products that we purchase for ourselves and our loved ones are intended to be safe. We believe that if we use a product to clean our house, to entertain our children, or to use for our health will not cause us any harm. Products that we purchase are part of our way of life. Many of the products that are exposed to the public are supposed to be created under the federal guidelines but sometimes they are not. The reason why some of the products are not made according to federal guidelines is that the manufacturers are wanting to rush the product to the markets without properly testing it. When this happens the product becomes defective causing several people to become injured by the product. Meanwhile, the manufacturers are still making a profit.

Who is liable?
In theory, everyone who is involved in the chain of distribution can be held liable for the injuries that you suffered and a lawsuit can be brought against them. This can include the people who manufactured, created, designed, sold, and marketed the product.
Sometimes everyone in the chain of distribution can be difficult to identify because there are so many entities involved in the manufacturing and distribution of the defective product. The most common defendants identified are the manufacturer and the retailer. The manufacturer is the company that designed, marketed, and tested the product. The retailer is the company or companies that sold it.

Who can sue?
If someone bought the defective product and suffered injuries then they can bring a products liability lawsuit. However, that’s not the only person that can bring a products liability lawsuit. If you did not buy the product but you suffered injuries because you used the product or someone else used the product and you suffered injuries then you can also bring a products liability claim.

Elements of Products Liability
If you are intending to file a products liability claim for your injuries, then you must first prove that the product was defective, you suffered an injury, the injury was caused by the defective product, and you used the product the way it was intended for it to be used.

Theories of Product Liability
Once you have shown the above elements in a products liability case, then there are several theories that can be raised. You must show that the product was manufactured poorly, the product was defectively designed or the product did not include warnings or instructions about how to properly use the product.
A product that was manufactured poorly is the most common reason because all you need to show is that there was something wrong with the product when it was manufactured. For example, you purchased an expensive coffee pot from a store. You take the coffee pot home and begin to use it. You fill the coffee container with water and then you add the coffee grounds. While the coffee is brewing, the coffee pot gets too hot and explodes causing the glass to cut your arm while the hot water hits your face, causing first-degree burns. Because of the faulty coffee pot and your injuries you can bring a products liability lawsuit against the manufacturer and the retailer who sold it to you.
A defectively designed product involves multiple products of the same type that are flawed or defective. An example of this would be several coffee pots that were made by the same manufacturer and they all exploded causing first-degree burns. Products that do not include warnings or instructions are just as dangerous as the first two theories. Because the manufacturer has failed to warn you about the dangers then you are unaware of the possibilities that can occur.

Defective products in the market contribute to hundreds of accidents daily. Our attorneys at Our Law Office have successfully litigated products liability cases against the manufacturers and the retailers for our clients. Our attorneys have over 20 years of experience and will vigorously fight for your rights. Call us any day or night to receive a free consultation.

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Personal Injury Lawyers – How Much is my Product Liability Case Worth?

Determining the Value of a Products Liability, Personal Injury, or Wrongful Death Case
We have found that the question which is often asked by our clients is how much is my products liability case is worth? However, the appropriate question is How much compensation is enough for me?

In our opinion, a settlement is not in our client’s best interest unless it covers past and future losses. A settlement might not be enough for the injuries that you have incurred. A settlement might warrant only enough for you to cover your medical bills but it might not be enough to take care of your loss of income, your mental anguish that you are suffering due to the accident, or any other

Each Case is Different
Imagine that you are driving an SUV and the tire blows out. You are paralyzed from the waist down. Are a million dollars enough? Are two million dollars enough? What about three million dollars? The appropriate answer is: enough compensation is the amount that pays for the full impact that you sustained on your lifestyle. Costs such as the need for special vehicles if you were are no longer to walk, the accessible equipment in your home to make it easy for you to move around, long term treatment of healthcare, and any other additional resources to assist you with the future physical injuries that might occur.

Now think about this example, imagine that your loved one is killed by suffering from a dangerous drug like Pradaxa or from a car accident because the airbags failed to deploy. Your spouse is now gone because of the recklessness of someone else. Your spouse was the primary breadwinner for your family. You were dependent on their income to take care of the household. Is it fair to have enough compensation for your pain & suffering to be without the one you love? Or is it enough to make up for the loss of income your loved one would have continued to make if they had not died?

Did You Know?
Our attorneys have won hundreds of defective product cases. Call us today to discuss your case.

What is Next?
There are practical limitations to obtaining these types of results. By hiring an experienced attorney from our law firm, you will be afforded the highest quality of legal services possible. The attorneys at Our Law Office have been successfully fighting to provide our clients with the adequate compensation that they deserve for over two decades. Our attorneys understand that your life will never be the same after the accident and enough compensation might not be enough. However, our attorneys will ensure that with the devotion of their time and dedication to your needs, the compensation awarded to you will be enough. Contact our office to discuss your legal matter further.

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Personal Injury Lawyers – How Much Does a Products Liability Case Cost?

What Costs Can I Expect When Filing a Products Liability Lawsuit?
People are always inquiring about how much it would cost to pursue a products liability lawsuit. This is not a strange question because a lot of people are reasonably concerned that this type of lawsuit would be cost-prohibitive and that they would not be able to be compensated accordingly for their losses. One of the main concerns centers on the idea that attorneys’ fees would end up being out of control. However, that is not the case and the purpose of this article is to address these concerns. As you will discover that in reality, the risk for you as the injured party is fairly low.

What Does Our Law Office Charge for a Products Liability Lawsuit?
Our law firm works exclusively off of a contingency fee arrangement in products liability cases. A contingency fee arrangement basically means that we charge you nothing at all straight off the bat. In the event that your case ends up being successful then we will take a portion of the proceeds that are received as compensation for our services. Therefore, if you don’t get paid neither do we. Essentially, if your lawsuit is not successful then we will receive nothing at all for our time and services.

Moreover, we assume all financial risks. Our attorneys will invest hundreds or even thousands of hours into a case even though we may not receive anything for our efforts. As previously stated, the way that we get paid is that we keep a percentage of your award in the event that your lawsuit reaches a favorable outcome, but only if the case is successful.

The typical price range for fees rendered under a contingency fee arrangement is one-third of the winnings. However, there are certain situations where the fees may be higher if the circumstances make the case riskier for our firm. For instance, if you hire us the day before your statute of limitations expires. We may still choose to take your case but considering that time is of the essence in that situation, a higher fee may be appropriate in order for our firm to be adequately compensated proportionate to the risk we are assuming.

Costs
In addition to fees, clients will have to repay any costs that we put into a case. Some clients prefer to pay for court costs out of their own pocket, and when the case is resolved they simply pay us for our attorney’s fees alone. But when a client cannot afford to pay out of pocket for attorneys fees, we will pay the client’s court costs for them and well be paid back out of the winnings. For instance, in the event that a settlement agreement is not a possibility, we will file suit on your behalf and take your case to trial. In doing so we will have to pay the court a few hundred dollars for the filing fee and we will have to pay for other such expenses including the services of a court reporter and a process server.

The way it works is that we will advance our own money to pay for these expenses in order for your lawsuit to progress. If and only if we win your case for you will you have to reimburse us for these expenses. In the event that we do not win the case, we will completely absorb the loss of all of the attorney time and expenses that we put into your case. This is an incredibly rare outcome and should only occur if the defendant that we file suit against happens to enter into bankruptcy or some other unanticipated event. Nevertheless, if this occurs we will bear the financial burden of the loss. You will suffer no out-of-pocket expenses whatsoever.
A vast majority of cases that our firm handles are capable of being settled out of court without having to file suit, which eliminates the need to put expenses into a case.

Why You Shouldnt Be Scared of Costs
We are bound by the ethics rules of the State Bar of Texas, and just so we’re clear, that means that if we break said ethics rules we may forever be barred from the practice of law (read: we don’t break the rules). One of the rules that we are sworn to abide by is that we cannot unfairly charge a client for costs. We cant charge interest and we can only ask a client to reimburse us for costs out of their winnings and only when we substantiate the costs to the client.

The costs that we expend to make sure you have a strong case for recovery are usually fairly insignificant compared to the award that will be received if we are successful with your claim. For instance, our firm recently resolved a seven-figure truck accident case and the total expenses that we put into the case after a year of litigation was only $15,000. Now, $15,000 is not a small amount, but compared to the money that we made for our clients and the advantage it gave to our clients, it was put to good use.

What Are Some Typical Costs Associated With Filing a Lawsuit?
An example of costs or expenses would include the filing fee that we have to pay to file a lawsuit. This will usually be about a $400 fee for a court reporter to appear on the day of trial or depositions. In addition, with a products liability lawsuit, your case will likely require and report from an expert witness (typically an engineer). Hiring an expert witness to provide testimony to make sure you have all the proof you need to win could range from $2,000 to $20,000.

In sum, the attorneys at Our Law Office are highly qualified and have more than the necessary experience to ensure that your products liability lawsuit is based on the best theory of recovery available. We can state without reservation that what we bring to the table is worth every penny that we charge. We are the first to admit that hiring a lawyer is not exactly cheap, but it is better than the alternative. Attempting to pursue a product liability cause of action without an attorney would be a near impossible feat. Considering the highly technical nature of these types of lawsuits, you need the best representation available. That is exactly what we can offer you at Our Law Office.

We have been handling personal injury lawsuits all over the state of Texas for upwards of twenty years and will provide you with the same customer satisfaction that we have with every client we have represented in the past. To discuss your potential product liability cause of action, contact us.

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Personal Injury Lawyers – County Court vs. Federal Court

Do You Know Whether You Should File Your Case in Federal Court or in the Local County Court System?
There are many different courts in the County that you could potentially file your case in. Determining which court to file your case in depends on different factors like what type of case it is and what legal remedy you are trying to pursue. However, there are also times when you will be able to file your case in federal court. Our Law Office has over twenty years of experience and has handled over a thousand cases.

The County Justice of the Peace courts are the lowest level of courts and basically serve as a small claims court. When you are suing someone and are claiming damages that are $200 or less, they must be filed in this court. However, you can also file claims up to $10,000 in this court. One of the types of cases you can file in a justice of the peace court is a personal injury claim, so long as the damages requested are less than $10,000. You need to file a personal injury claim within two years of the action that gave rise to your claim.

County Probate Court
A County Probate Court is a court that generally deals with probate matters like the distribution of a will. However, certain cases involving personal injury claims can also be brought in front of a probate court. For example, a wrongful death suit that involves survival damages can be brought in a probate court by the victim’s estate on behalf of the victim.

County District Court
The County District Courts are courts that have what is called general jurisdiction, meaning that most cases are going to be filed here. Any case that involves damages in an amount greater than $200 can be filed in one of the District courts, depending on where the incident occurred and where the parties reside. There is no upper limit to the amount of damages that can be awarded by a district court. Most personal injury cases will be filed in district court and must be done so within 2 years of the action that gave rise to the claim.

When Would I Be Able To File My Claim in Federal Court?
There are certain instances where you will be able to file your claim in Federal District Court instead of a County Court. The way you should think of it is you are always able to file your case in a County Court, but you need to be able to prove that you are allowed to file your case in Federal Court. There are two requirements that must be met in order to file a case in Federal Court, the amount in controversy and diversity of citizenship.

The amount in controversy for a case to be filed in Federal Court is $75,000. In other words, if the amount of damages you are claiming in your personal injury case is more than $75,000, then you may have the option to file your case in Federal Court if the next requirement is met.

Diversity of citizenship means that the two opposing parties, the plaintiff and the defendant, are not from the same jurisdiction, or state. For example, if you are a Texas Citizen, and are in a car accident with someone who is a citizen of Louisiana, if you decided to bring suit against them diversity of citizenship would exist. If both of these requirements are met, then you will be able to file your case in Federal Court.

You Need An Experienced Attorney to Help You Pick The Right Court
Determining the right court to file your potential claim in can be difficult without the assistance of an experienced attorney. The attorneys at Our Law Office have over two decades of experience and have helped many of their clients determine the right Court to file their claim in.

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Defective Boats and Watercraft

Has a Defective Boat or Personal Watercraft Caused an Accident or Other Serious Injury?
Boating accidents can happen more frequently than you think. Sometimes this is caused by operator error but other times it is caused by a defect in the boat itself. When a boating accident is caused by a defect in the boat and you are injured as a result, there may be a way for you to receive compensation for your injuries. Our Law Office has over two decades of experience helping clients understand and use their rights.

What is a Defect?
There are three main ways that something can be defective. They can be defective as manufactured, defective as designed or have a warning defect. The two most common types of defects for boats and other watercraft are design defects and the absence of a warning.
A design defect means that the entire line of products is defective because of a faulty design. For example, if a boat uses a certain kind of motor, and that entire line of motors has a tendency to overheat and explode, this would be a design defect.

The other kind of defect commonly associated with boats and watercraft is an absence of a warning. This kind of defect is split into two categories, an inadequate warning and a lack of a warning. An inadequate warning is a warning that does not disclose all of the risks associated with a product. A lack of a warning is a complete lack of a warning about the danger of using a product. A warning defect can arise in boat and watercraft accident cases because boats and watercraft can be potentially dangerous if not used correctly. For instance, if a boat manufacturer does not warn you that if you drop the anchor on the right side of the boat it may cause the boat to capsize, it would be a warning defect.

What Are Some Common Types of Boat and Watercraft Defects?
There are some common types of design and warning defects in boats and watercraft. One defect is a failure of the hull of the boat. This means that the hull is made in such a way that it’s not able to protect the boat or is easily damaged. If the hull of a boat fails, this usually leads to it sinking.

Another common defect is engine failure. This means that there is something that causes the engine or motor of a boat to either malfunction or becomes destroyed. The best-case scenario is that the engine simply stops working and you are stuck. However, the worst-case scenario is that the defect causes the engine to catch fire or explode resulting in serious damage to the boat and possibly to you.

Yet another type of defect is instrument failure. For example, imagine you are driving your boat on the lake, but the boat’s depth gauge is defective and fails to warn you that you are about to enter the shallow water. As a result of the defective depth gauge, you then crash your boat on the bottom of the lake resulting in damage to your boat and injury to you.

You Need An Experienced Attorney – Defective Product Attorney
Like all product liability cases, boat and watercraft defect cases can be very complex because of all the elements that have to be satisfied in order to prove a design or warning defect. Also, there are some defenses, like misuse, that the defendant can use to try and avoid liability.

The attorneys at Our Law Office have over twenty years of experience and have dealt with many products liability cases involving boats and other watercraft. They have helped many clients determine their rights under the law and get the compensation they deserved. If you were injured in a boat or watercraft accident that was caused by a defect, call today for a free consultation.

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Accidents Caused by Defective Tires

Has a Defective Tire or Blowout Led to an Accident Causing Injury to You or a Loved One?
Tires are infamous for being the cause of a car accident. Manufacturers have repeatedly been forced to recall tires on all types of vehicles due to some sort of defect which is likely to cause an accident that may harm you and your family. A tire can be defective due to negligent construction, faulty design, or by the way in which it was wrongfully implemented. Under the right (or rather wrong) circumstances you can suffer significant injury or, in some cases, even death. This article will explain how we expect our tires to perform, what happens when they fail to meet that expectation, who is entitled to file suit, who may be responsible for your accident and it will specifically discuss tire problems associated with SUVs.

What We Expect From Tires
The tires on your car are probably one of the most crucial aspects of your vehicle. They are the one thing that directly connects your car to the road. Your tires grip the ground when driving, turning, and stopping and if they fail to function properly, the result can be catastrophic. Every tire will eventually fail; this is inevitable. The tread on your tires will wear down over time and will, one day, need to be replaced; however, tires should function properly for a reasonable amount of time and all tires should function in a fairly similar fashion. Tires will generate consistent grip until their capacity has been exceeded, but you are generally given a judicious amount of warning up to this point by way of tire screeching.

Additionally, we expect the tire to withstand a great deal of weight we put on it. If a tire fails simply from transferring weight onto it, then the tire is not functioning adequately and is considered defective. We require tires to perform properly in varying weather conditions including very cold and extremely hot roads. If a tire does not function as expected in these foreseeable circumstances then it is likely that the tire is faulty and its inherent defect is the cause of the car accident.

What Happens When a Tire Fails?
The first thing that happens when a tire fails is that one corner of the vehicle automatically falls to the ground due to the almost instantaneous deflation. This shift in weight consequently compromises the grip of the remaining three tires. A large portion of steering a vehicle and being able to turn is reliant upon being able to transfer weight between the four wheels to effectively maneuver. Anytime one of the four tires fails, the entire car is put in danger and has a high probability of crashing.

Who Can Bring a Claim?
If one of the tires on your car failed and caused you to crash, then you and every person in your vehicle at the time of the accident have standing to file a personal injury claim. If the tire of another vehicle failed, causing it to collide with you, then you would also have standing in this situation. Basically, it does not matter whether it was your tire, or the tire of another car, if you were injured due to the defective tire, the court will allow you to bring a claim against the tire manufacturer.

Furthermore, if your loved one was killed due to a defective tire you may have the standing to file a wrongful death lawsuit against the tire manufacturer. In this instance, you were not personally or directly injured by the faulty tire; however, as a result of your loved one’s death, you have been indirectly injured by the manufacturer’s negligence and have a valid claim against the responsible company. It is important to note that when you file a wrongful death claim you are suing for your own personal damages, and not filing a suit on behalf of your deceased loved one. In contrast, a claim for survival damages is filed on behalf of your loved one for the suffering or financial loss they endured prior to succumbing to their injuries.

Who Should I Sue?
There are multiple people who may be responsible for your injuries. Who you can sue depends entirely upon what specifically caused the problem. Was the tire designed poorly? There is an engineer who designed the tire? If the tire was defective in the design, meaning that it was not balanced correctly, it called for too little or too much air for the tire then it would be considered faulty and could cause a massive car or truck accident due to this defective design. Did the manufacturer negligently produce it? This might occur if the manufacturer used the wrong material in the construction of the tire.

Or did the manufacturer install the wrong tire for the specific car? For instance, a Prius requires a very different tire than a Ford F150. If the manufacturer installed a tire that does not properly fit the car or is not strong enough to hold the weight of the car, then it could explode while you are driving it or it could become separated from the car while it is in motion. Our attorneys can help assess your accident and inspect the tire to determine which part was defective and, in turn, who is responsible.

Unique Problems With SUVs
It seems like we most often hear about tire problems in SUVs. There are continually reports on the news about horrific accidents involving SUVs that were caused by defective tires. The reason for this is largely due to the theory of weight transfer. Remember, each tire greatly impacts the transfer of weight throughout the vehicle; when one tire is compromised the balance of the car is also compromised.

With SUVs sitting much higher off the ground than other vehicles, the transfer of weight has a much greater effect on the vehicle. SUVs are heavier, they sit higher above the ground and when for example, the front right tire explodes then the entire weight of the car is suddenly thrust to the front right side of the vehicle. This is another reason why many SUVs roll over in accidents such as this. They have such a great amount of force moving in that compromised direction and the vehicle is incapable of remaining balanced.

Must I Have Personally Purchased the Tire to Have Standing?
No. Under the theory of products liability, it is irrelevant whether you personally purchased the defective product. All that matters is whether you were injured by the faulty tire. Essentially, the benefit of the purchase extends to everyone who has been harmed by the defective tire. And as mentioned above, you do not even have to be physically injured in order to file a products liability claim against the tire manufacturer. If your loved one was wrongfully killed due to this defective product, you will have standing for a wrongful death claim based on product liability.

Investigating a Defective Tire Claim
The most important aspect of investigating defective tire claims is this: WE NEED THE TIRE. Without the actual tire which we believe to be defective, we will have no proof that the specific tire in question was defective and that defect is the proximate cause of your injuries. It is also for this reason that you need to contact us immediately. The sooner you contact Our Law Office the faster we can locate the tire, preserve it as evidence, and test it for defects.

First, we will visually inspect the tire. Our attorneys are very experienced with defective tires and it is sometimes very obvious just by looking at the tire that it was faulty. Sometimes by assessing the cosmetic issues of the tire we can either confirm the defect which we believe to have caused the accident or potentially eliminate other possibilities. After a visual inspection, if we still believe your accident was the result of a faulty tire, we will then have our engineers conduct tests and thoroughly analyze the tire. After they have methodically and systematically studied every part of the tire, our expert engineers will then render an official opinion. If the engineer’s findings are favorable to your claim we will then use their findings as foundational evidence to support your claim. At that point, we will file a product liability lawsuit against the manufacturer and any other responsible parties in order to seek damages for your injuries.

After commencing a claim, our attorneys will then conduct a thorough investigation during discovery. In discovery, we will request and carefully review internal documents from the tire manufacturer, tire engineers, and car manufacturer which may prove that the responsible party had knowledge of the tire defect yet still allowed it to be put on the market. We may find reports from when the tire was in the testing stage which establish that the tire did not perform adequately and therefore was defective in design. Or we may uncover documents from the manufacturer which show that the tire should have been constructed with one specific type of material, but through our expert engineer’s inspection, we have proof that the faulty tire was constructed with inferior material proximately causing your accident.

If you have been injured or your loved one has been killed due to a car accident caused by a defective tire, Our Law Office can help you. Through our experience, we have learned many unique skills to investigating defective tires and proving your claim in court. We have a great deal of experience dealing with manufacturers and car companies which is invaluable when fighting for your compensation. We understand how these large companies work and we know how to best hold them accountable for their failures. Our Law Office has helped hundreds of families injured in car accidents and we want to help you too. We know that you and your family are probably experiencing an incredibly difficult time right now and we are confident that we can help you reach a favorable outcome in your personal injury claim. If you believe that your car accident was caused by a defective tire, call Our Law Office.

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Employer’s Duties
Employer’s Obligation to Provide PPE
Theories of Liability Used in Nonsubscriber Cases
All About OSHA
What is OSHA?
When Does OSHA Investigate?
What does OSHA Investigate?
OSHA Fines and Penalties
By Occupation
Safety Guidelines for Commercial Fishermen
Safety Guidelines for Product Line Workers
Safety Guidelines for Plumbers
Safety Guidelines for Concrete Workers
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Personal Injury Lawyers – The Employer’s obligation to provide PPE

Has the Failure of an Employer to Provide Personal Protective Equipment Resulted in the Serious Injury to You or the Death of Another?

There are certain types of employment that warrant employees to wear special protective equipment so that they are not injured. When an employee is injured on the job, their employer may be held liable for these injuries. The amount of financial compensation that may be received for these injuries will turn on the specific circumstances of the accident that you were involved in. The Occupational Safety Health Administration requires employees to use personal protective equipment (PPE) under certain circumstances. If the employer is obligated to provide you with this equipment, then they are going to have to have some kind of program in place to ensure that their employees wear their protective gear and that they comply with OSHA requirements. Legally speaking, the question that naturally arises is whether or not it is your employer’s fault if you were not wearing personal protective equipment and you suffered an injury.

Depending on the type of occupation that you have and the hazards that you are exposed to will determine what you have to wear. Employer liability comes about when your employer fails to inform you of these dangers and provide you with the appropriate protective gear. If this occurs you may be able to assert employer negligence in order to recover for your losses. OSHA is an agency that is responsible for ensuring that employees are safe and work under nonhazardous conditions. Therefore, when an employer chooses to disregard these regulations they should be held liable for any ensuing injuries. This article will discuss the types of equipment often used and whether you may be capable of holding your employer liable based on their failure to provide you with the necessary protections.

What are the Employer’s Obligations?

Employers and employees alike should ensure that there is a safe work environment. However, there are certain obligations that are specifically imposed on employers. They are responsible for performing ‘hazard assessments’ of the work environments to evaluate any potential hazards. Secondly, they must identify what the necessary PPE is for their employees and make sure it is provided. They then have to train their employees in using the equipment correctly. The maintenance of the protective equipment is also their responsibility and they must replace any damaged or worn-out equipment. Lastly, they should continuously review and update their PPE program to make sure that it is running effectively and providing the protection it was intended to.

Types of Personal Protective Equipment

Eye and Face Protection
There are many hazards that can present serious dangers to the face and the eyes in certain types of occupations. If the employee happens to be exposed to chemical substances, acids, or flying particles then they should have the protection provided for their eyes and face. Common injuries that occur to this part of the body in the workplace are actually caused by improper eye protection that fails to guard the employee from these hazards. Consequentially, the employer must make sure that the protective face and eye equipment fits each worker properly and will protect him or her from these dangers.

The common types of eye and face protection that are used include goggles, face shields, welding shields, laser safety goggles, and safety spectacles.

Ear Protection
When an employer is evaluating what types of hearing protection to provide to their employees, OSHA has a list of factors that may guide them in the right direction. They need to consider how long the employees are around this noise and the loudness of it. They also must look to whether or not the employees are moving between different work areas that have different noise levels and whether the noise is generated from a single source or a number of different sources.

The common types of ear protection that are used are earmuffs, pre-formed or molded earplugs, and single-use earplugs.

Foot and Leg Protection
If employees are employed in an occupation where they are exposed to possible foot and leg injuries they should be required to wear protective footwear. This also applies if your job exposes you to poisonous materials or dangerous substances that could injure any exposed body part such as your foot or legs. Some scenarios where foot and leg protection would be necessary would be if you work with heavy objects that may roll onto your feet or work or sharp objects that could penetrate through the soles or tops of shoes. Moreover, if you are exposed to molten metal or work around hot wet surfaces or when electrical hazards exist.

Some examples of foot and leg protection are toe guards, safety shoes, combination foot and shin guards, and leggings.

Body Protection
Additional equipment should be worked if there are inherent dangers of bodily injury associated with a certain profession that cannot be eliminated. Examples would be if you were exposed to temperature extremes, hazardous chemicals, et cetera. There are certain types of fabric that can protect you from these dangers such as treated wool and cotton, leather, dock, paper-like fiber, and rubberized fabrics.

Head Protection
Last but not least, protecting employees from suffering head injuries is incredibly important. This is because head injuries typically result in life-long injuries or even death. Hard hats are the most common type of personal protective equipment because there are a number of jobs that involve potential head injuries. Some of these jobs would be carpenters, plumbers, welders, electricians, and many more. There are several different types of hard hats, all of which provide excellent protections to ensure that employees do not suffer one of these traffic accidents.

Does Your Employer’s Negligence Matter?

Under Texas law, if your employer subscribes to workers’ compensation you are barred from suing them for their negligence. Worker’s compensation is a state-regulated form of insurance that employers may purchase in order to limit their liability significantly against employee injuries on the job. Basically, if they fail to provide you with personal protective equipment you cannot sue them for their negligence. You may only recover against them under worker’s compensation.

Comparatively, if they are a nonsubscriber failing to provide you with this equipment will constitute negligence and that alone may be enough for you to win your case. A nonsubscriber is an employer who has chosen not to opt into state-run worker’s compensation.

All of these different elements can seem confusing at first glance, however with the right attorney in charge of your lawsuit you stand to receive a sizable sum in compensation for your loss. Work injuries can be both physically and financially crippling, especially in the event that you are not able to return to work and suffer lost wages. The attorneys at Our Law Office have been representing clients all over the state of Texas in their personal injury lawsuits. We can guarantee you that we will work diligently on your case so that you are capable of receiving the maximum recovery you truly deserve. To discuss your lawsuit in greater detail and receive a free consultation contact Our Law Office.

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Personal Injury Lawyers » Theories of Liability Against Non-subscribers

Some of the Most Common Theories of Liability Which can be Used Against a Non-subscribing Employer

Under Texas law, work injury cases asserted against employers who have elected to abstain from participating in Texas’ workers’ compensation program (often referred to as “non-subscribers”) are predicated upon claims that the employer caused their employee’s injuries through their negligence.

However, unlike injury cases caused by employers who have elected to participate in Texas’ workers’ compensation program (where there is an assumption that an employer must pay for an employee’s injuries), workers injured by a non-subscribing employer will need to prove that the employer is liable for their injuries because they acted negligently.

It’s important to note that although there are several different theories that can be asserted against a negligent employer if your attorney can prove that they are even marginally liable for your injuries, you will likely be able to hold them liable for the full extent of your injuries.

Common Theories of Liability Against Non-subscribing Employers

Although a non-subscribing employer can be liable for injuries it causes its employees through a variety of negligence theories, we’ve identified the following as some of the more common ones.

Failure to Provide a Reasonably Safe Workplace
A central pillar of Texas employment law mandates all employers, regardless of industry, to provide their employees with a “reasonably safe” working environment. However, defining what is “reasonably safe” may be a difficult endeavor, and many of the other theories discussed below are somewhat derivative of this simple duty.

A key component of providing a safe workplace may include providing employees adequately safe “personal protective equipment” (sometimes referred to as “PPE”). For example, an employer of a machine shop is probably required to provide all employees at risk of suffering eye injuries with protective eyewear.

Failure to Adequately Train Employees
Similar to the duty to provide a safe workplace, Texas law requires employers to train employees so that they fulfill their job duties in a manner where they don’t injure themselves and are prevented from injuring coworkers. For example, companies involved in industries where lifting heavy objects is required must train their employees to lift heavy objects with appropriate technique and support.

Failure to Adequately Supervise Employees
The final common theory of liability we’ll discuss in this article is an employer’s duty to adequately supervise their employees. Within this requirement is the mandate to enforce safety policies appropriately. Thus, if you were injured as a result of your employer’s failure to adequately supervise one of your coworkers, you may be able to assert a workplace injury lawsuit against your employer to recover the compensation you need to recover from the injuries they negligently caused.

Our Experienced Workplace Accident Attorneys Can Help Apply These Theories of Liability (and more) to Your Accident Case

As you may have already concluded, prevailing in lawsuits where even the most common theories of liability are asserted against non-subscribers likely requires the assistance of an experienced workplace accident attorney. Our attorneys have proudly represented workplace injury victims for over twenty years and may be able to put the skills and resources they’ve developed as a result to work for you.

If you would like information regarding how our firm may be able to help you recover the compensation for your injuries in a workplace injury case we invite you to give us a call any time, day or night.

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What is OSHA?

What is the Occupational Safety and Health Administration and What is Their Purpose?

What is OSHA? “OSHA” stands for the Occupational Safety and Health Administration. As an agency of the United States federal government, its goal is the safe and healthy working conditions of American workers. The Occupational Safety and Health Act sometimes called the OSH Act, created OSHA in 1970. Its headquarters are in Washington, DC, with about 2,300 employees and an annual budget of around $500 million.

If you have been injured in a workplace accident, you need a skilled accident attorney with experience dealing with OSHA and its regulations. Call Our Law Office now to get help. Our staff is standing by to support you and your family.

OSHA Today

OSHA’s goals are to provide and require the following to and from employers and employees in order to create safer working conditions across the country.

Standards
Training
Outreach
Education
Assistance
Compliance
Protection

To meet its goals, OSHA sends compliance officers to work sites all over the country to inspect and report on violations of worker safety laws. Inspections are generally a) scheduled in advance at workplaces in which dangerous activities are taking place or b) surprise inspections due to worker complaints or serious workplace incidents. OSHA also enforces several federal “whistleblower” laws which give employees and other insiders rights when they disclose misconduct in government and private enterprises. OSHA often works with the United States Department of Justice (DOJ) and the Environmental Protection Agency (EPA) in enforcement actions against responsible companies and parties.

Some specific jobs and workplaces are exempted from OSHA. This means that they are not subject to OSHA’s regulations. Examples are mines and quarries, airline flight crews, and family farms. These exemptions exist because either the workplaces are regulated by other agencies (like mines and aircraft) or because compliance enforcement would not be efficient (like family farms).

Are you protected by OSHA regulations on your job? Can you make a complaint to OSHA about an injury you suffered while working? Should you? What are your rights? This is a complicated area of the law, one that requires experienced legal representation. Allow Our Law Office to guide you through this unfamiliar and important process.

What About State Laws?

As in other areas of the law, federal laws regarding worker safety allow state laws to offer workers more protection, but not less. OSHA sets a floor that the states can build on but not go beneath.

OSHA Problems

People have been severely criticizing OSHA for decades. It has been argued that the agency simply does not do enough to protect workers with its 2,200 inspectors being responsible for over eight million worksites. Despite a significant budget and staff with powerful regulations on its side, OSHA has only secured a grand total of about a dozen criminal convictions in its more than 40 years of existence.

Furthermore, from 2000-2010, OSHA issued a total of four (4) safety and health standards. This was by far the smallest number issued in any decade of OSHA’s existence. Some have blamed the presidential administration in office during most of that time, which was apparently uninterested in passing or enforcing any meaningful regulations on businesses. During that time, an average of 14 workers a day were killed on worksites in the United States for a total of about 50,000 men and women over that 10-year period.

Our attorneys have won hundreds of work injury cases. Call us today to discuss your case.

To be sure, OSHA has a colossal job and is simply understaffed and under-budgeted to do it. If one of your loved ones is one of the approximately 5,000 people killed on the job each year in this country, help is available to your family.

If you are injured on the job, help is available to your family. Call the veteran legal professionals at Our Law Office today.

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Personal Injury Lawyers » When Does OSHA Investigate an Accident Case?

What Needs to Happen Before OSHA Starts an Investigation Into a Workplace Accident Causing Injury or Death?

The Occupational Health and Safety Act of 1971 established the Occupational Health and Safety Administration (OSHA). OSHA is a federal agency that establishes and enforces workplace safety policies in an effort to prevent workplace accidents. The Occupational Safety and Health Act provided a responsibility to all employers to provide a safe work environment for their employees. OSHA is responsible for investigating workplaces that they suspect to be potentially dangerous or where a workplace injury has occurred. If conditions are found to exist at the workplace that do not fall within OSHA standards, the employer will likely be assessed a substantial penalty.

Employees often fear reporting their employer for providing dangerous or hazardous work conditions because of the potential backlash they may receive. OSHA has provided a remedy for this in two ways: first, potentially dangerous conditions may be reported anonymously; secondly, an employer is prohibited from disciplining an employee in any way who reports potentially dangerous working conditions. If you have been injured in a work accident because you were working in an unsafe work environment you will need the representation of an experienced attorney that knows how to get around the “red tape” that can accompany such accidents.

When Does OSHA Investigate a Case?

OSHA conducts most workplace inspections without notice to an employer. The exception to the no-notice requirement is when they are inspecting a place that may be potentially dangerous or harmful for the inspectors, in such situations OSHA will give 24 hours of notice to the employer. It would be impossible for OSHA to investigate every potentially dangerous work condition in the country. It is for this reason that OSHA has set a standard in which they review cases based on priority. OSHA has four categories of priorities:

The case that receives the highest priority from OSHA is those where imminent danger is likely. An imminent danger exists in situations where danger is reasonably certain to occur and such danger could cause death or serious bodily injury.

OSHA gives second priority to the investigation of work facilities where an accident that recently occurred has caused death or hospitalization. In such situations, an employer is required to contact OSHA within eight hours to report such an incident to determine if any OSHA guidelines were violated.

The third priority in OSHA investigations is when OSHA receives employee complaints about an unsafe working environment. OSHA gives employees the ability to request an inspection of a work environment when they feel that they may be subject to potential harm because of the environment. The reporting of an unsafe working condition will remain confidential if requested.

The fourth and last priority for OSHA inspectors is the inspections of specific high-risk areas and occupations. Some of the factors that are used to determine whether a workplace qualifies as a high-risk subject are: frequency of previous accidents, previous OSHA citation history, and random selections.

What Should I do if I am Injured in a Workplace Accident?

If you were injured in a workplace accident you or your attorney may request that OSHA investigate your work environment. While OSHA’s primary purpose is to make the workplace safe and not to help you collect damages or prove fault in your case, a favorable investigation from OSHA can be beneficial for you.

The representation of an experienced attorney who knows how to use these findings to your advantage can be most beneficial in these situations. The attorneys at Our Law Office have more than 20 years of experience in personal injury law and know how to couple an OSHA investigation with our own investigation efforts to provide you with the strongest possible case. We have helped thousands of clients recover the damages that they deserve and we can help you too. Call for your free consultation.

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Personal Injury Lawyers » Types of OSHA Workplace Investigations

What Types of Investigations Does OSHA Conduct Following a Workplace Injury or Fatality?

The Occupational Safety and Health Administration (OSHA) is a federal agency established in 1971 by the Occupational Safety and Health Act. OSHA’s sole purpose is to assure American workers a safe and healthy workplace by developing and implementing workplace safety policies. Under the Occupational Safety and Health Act, all employers must provide their employees a workplace that is free from known dangers, and where dangerous work conditions are suspected or a workplace injury has occurred, OSHA may inspect the workplace or investigate the cause of the accident. OSHA uses the findings of their inspections and investigations to provide recommendations to the employer and to prescribe new regulations for the industry.

It is important to note that federal law prevents your employer from punishing you for reporting a dangerous workplace condition to OSHA and that you may submit your request for an inspection or investigation anonymously. If you suspect that you were injured because your workplace was unsafe, you will likely benefit from the counsel and guidance provided by an attorney familiar with workplace injuries like those at Our Law Office as an independent investigation is usually necessary for you to fully recover from your injuries.

Occupational Safety and Health Administration Inspections

If you suspect that your workplace has failed to take adequate safety precautions to protect you from hazardous materials or that it is not safety compliant, you or your attorney can file an anonymous complaint with OSHA which will trigger an investigation of the worksite. During the inspection, you and/or your attorney may attend and privately voice your concerns with the OSHA investigator. If violations of regulations are found during the investigation, the inspector will normally issue a citation in addition to identifying regulations that have been violated.

Occupational Safety and Health Administration Investigations

If you’ve been injured in an accident at your workplace, you or your attorney may contact OSHA to have the cause of the accident investigated. OSHA routinely investigates accidents that result in all kinds of bodily injury, death, or were caused by a catastrophe. OSHA may utilize a variety of equipment and experts while investigating the cause of your injuries including advanced industry-specific technology and accident reconstruction experts. However, it’s important for you to know that OSHA’s primary purpose is to make your workplace safe, not to ensure that you are compensated for your injuries. Thus, if you’ve been injured at your workplace, you should quickly retain an experienced personal injury attorney, who has the resources to conduct an independent investigation on your behalf to gather the evidence necessary to secure compensation for your injuries.

First, OSHA can investigate your employer for injuries resulting from your employer’s implementation of improper operating procedures, or for providing no operating procedures for dangerous activities. Improper operating procedures involve requiring and providing employees with proper personal safety equipment and to keep the work area free from all known and foreseeable safety hazards.

Second, OSHA can investigate your employer for injuries resulting from your employer’s failure to purchase or maintain equipment that is designed to be safe and to maintain structures that are safe to occupy while you work. Injuries resulting from your employer’s failure to obtain and maintain safe equipment include injuries that result when the equipment malfunctions or where a structure collapses on you while you work.

Third, OSHA can investigate your employer for injuries resulting from their failure to maintain a worksite that was safe to endure environmental conditions. For example, if your injuries are attributable to exposure to heavy rains, strong winds, or excessive heat or coldness (dehydration or frostbite).

You Need a Smart, Experienced Attorney on Your Side if You’ve Been Injured at the Workplace

If you’ve been injured on the job and suspect that your employer’s actions or failure to act caused your injuries by creating an unsafe workplace, your claims against your employer will likely benefit from retaining an experienced personal injury attorney. You should be aware that OSHA is a governmental agency that represents the public as a whole, and not necessarily your individual needs and rights.

To ensure that your rights are fully represented, you need a strong advocate to be your voice in recovering from injuries that resulted from an accident that happened at your workplace. The attorneys at Our Law Office has over 20 years of experience in representing victims of workplace accidents and are available any time to provide a free consultation regarding your workplace injuries.

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Personal Injury Lawyers » How Can OSHA Help After a Workplace Accident?

What Legal Remedies and Citations Can the Occupational Safety and Health Administration Provide?

Did You Know?

Our work injury attorneys have won thousands of cases. Call us today to discuss your case.

If you’ve been injured on the job, you may have been referred to the Occupational Health and Safety Administration (OSHA) by a coworker and are wondering what role the agency plays in investigating your injuries and ensuring that similar accidents don’t happen again. OSHA is a federal agency that has been tasked with preventing workplace accidents by developing and implementing workplace safety policies. In implementing these policies, OSHA investigates accidents and performs workplace inspections at an employee’s request, and also issues citations to employers that fail to follow guidelines.

As a general rule, OSHA may prescribe a wide range of remedies and citations against an employer in enforcing its policies. However, injured parties should note that OSHA is tasked with keeping workplaces safe, not with ensuring that you recover from your injuries. For that reason, retaining a personal injury attorney experienced with obtaining compensation for employees who are the victims of workplace injuries, like those at Our Law Office, is essential to obtaining compensation for your injuries.

The Occupational Health and Safety Administration Can Issue a Wide Array of Citations Against Your Employer for Failing to Provide a Safe Workplace

OSHA requires its inspectors to issue citations to employers who violate its provisions. Citations must be issued promptly, be in writing, and describe the nature of the violation. It will also give your employer a date and time by which the violation must be cured. Moreover, a copy of the citation will be posted near the scene of the violation in an effort to warn co-workers of the dangerous condition.

Unfortunately, OSHA has failed to update the penalties it includes in its citations since the 1970s. Thus, although the seemingly tough penalties of monetary punishment and/or imprisonment are available, they are often woefully inadequate to truly get the attention of a large employer with extremely deep pockets. For example, the largest single fine OSHA can levy on an employer at once is $10,000 and is only issued in the limited circumstance where the employer knowingly makes false statements or representations to OSHA officials. Simply put, most employers often find paying OSHA’s fines more cost-effective than making the changes necessary to bring the workplace into compliance with OSHA regulations, and the penalties often don’t get the attention of serious or repeat violators. Thus, to ensure that your employer takes the steps necessary to make your workplace safe for you and your coworkers, a large monetary judgment through a personal injury lawsuit is often needed.

Retaining an Experienced Personal Injury Attorney Increases Your Chances of Obtaining an Adequate Remedy for Your Workplace Injuries

Although OSHA has prescribed a large variety of penalties against employers who do not maintain a safe work site, OSHA does not have the authority to obtain penalties or judgments against your employer on your behalf. Thus, injuries resulting from your employer’s failure to maintain a safe workplace are generally grounded in personal injury law. As such, when you’re injured at the workplace you should retain a personal injury attorney. You shouldn’t wait for an OSHA report because those reports take 6-8 months to be written, unlike a police report that will only take a few days. Additionally, a personal injury attorney can get an independent investigation rolling for you which almost always provides more substantial evidence for your case than what OSHA’s reports provide. You should also note that OSHA will only investigate your employer and not third parties. In construction accidents in particular you should be aware that you need an experienced attorney to determine who was really at fault. OSHA’s report won’t include third-party liability and thus an OSHA report alone often fails to provide the evidence necessary to obtain relief from all responsible parties.

You should also note that OSHA provides “whistle-blower” protection for employees. In other words, your employer is prevented from treating you adversely or otherwise punishing you for bringing your concerns to OSHA’s attention. OSHA specifically provides remedies for employees who are unlawfully prejudiced by attempting to keep their workplace safe and may be entitled to reinstatement to their jobs, back pay for time missed, compensatory damages, including costs associated with asserting a lawsuit, and punitive damages in some cases. However, you should note that Texas’s unique workers’ compensation laws sometimes make obtaining a judgment against your employer difficult. For these reasons, you should retain an attorney that is uniquely skilled in the diverse areas of the law of workers’ compensation and personal injuries like those at Our Law Office.

You Need an Experienced Personal Injury Attorney on Your Side if You’ve Been Injured at Your Workplace

If you’ve been injured on the job you likely have several questions and need representation by an experienced personal injury attorney. The attorneys at Our Law Office have more than 20 years of experience in representing people injured at the workplace.

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Personal Injury Lawyers » Safety Guidelines for Commercial Fishermen

Commercial Fisherman and The National Institute for Occupational Safety and Health Administration

Did You Know?

Our Maritime Accident attorneys have won thousands of cases. Call us today to discuss your case.

As a commercial fisherman, you are often subjected to a number of dangers and hazardous conditions in your profession. For these reasons, there are certain health and safety regulations in existence to protect you in your employment and keep you safe from harm. If your employer happens to stray from these guidelines and place you in a position where you could be injured, there are legal ramifications. These regulations have been put in place for your protection and therefore your employer will be held liable for violating them in the event that you suffer some kind of injury. The attorneys at Our Law Office has a reputable law practice that has handled a number of claims involving similar injuries under these conditions. If you have been injured, then you have a right to be compensated for whatever loss you may have incurred from the failure of your superiors to comply with the guidelines that have been imposed on them. This article will discuss those health and safety guidelines that have been created for your benefit, emphasizing the need for you to obtain competent legal representation to assist you in obtaining the maximum recovery possible.

What Organization is Responsible for Creating Guidelines for Commercial Fisherman Safety?

The National Institute for Occupation Safety and Health is the federal agency that is charged with the duty to ensure that safety regulations are followed in commercial fishing to prevent any work-related injuries. Commercial fishing is one of the most dangerous occupations because of the exceedingly long hours and exposure to inclement weather conditions. This federal agency was created by the Occupational Safety and Health Act that was signed into law by President Nixon on December 29th of 1970. This entity is responsible for researching and gathering information on injuries that can occur in order to create appropriate standards for safety so that they may be readily enforceable.

What are the Health and Safety Guidelines that Protect Commercial Fishermen?

The National Institute for Occupational Safety has established a surveillance system in order to monitor any workplace fatalities or injuries that occur in the fishing industry in the United States. The data that was recorded for a time period of 10 years reported that there were 545 commercial fishermen that died while they were fishing in the United States. Of those deaths, more than 50% occurred following a disaster involving the shipping vessel that the fishermen were on. The remaining percentage was caused by fishermen either falling overboard, suffering an injury while on board or while diving.

Fishermen are recommended to take a marine safety class at least once during every 5-year period. Furthermore, they are told to do monthly drills to prepare for the possibility of the need to abandon ship, flooding, fire, or when a man falls overboard. They are told to take heed of the weather forecasts in order to abstain from fishing in dangerous sea conditions and inspect the hull of the vessel and high water alarms to make sure that they’re fully intact. Comparatively, there are similar recommendations for the owners and operators of the vessel that parallel those of the fishermen. They are told to conduct monthly drills for the potential dangers of flooding, fire, abandoning ship, and when a fisherman falls overboard. In addition, they are told to install a “Man Overboard” alarm system and install emergency stop devices on all machinery on-board the vessel to prevent injuries when fishermen are operating this machinery. Furthermore, they are charged with the duty of ensuring that all of the crew members have completed some marine safety training every five years.

Maritime Accident Law Firm

When considering the guidelines that have been described, it is evident that there are considerable dangers that commercial fishermen are exposed to when engaging in their chosen profession. While you as a fisherman have certain duties to follow while on board, the owner and operator of each vessel must make sure that you are not placed in an uncharacteristically dangerous environment. If you have been subjected to some hazard or unsafe working condition during your employment and have suffered an injury, you have a right to be compensated for your loss. These policies were put in effect to protect you from injuries that could be avoided if the conditions were not unreasonably hazardous. If you have suffered an injury, the attorneys at Our Law Office can provide you with experienced legal representation to assist you in being compensated for whatever pain or financial expenditure you have been subjected to. The process involving these federal agencies can be both confusing and unfamiliar. In order to protect your cause of action and rights under the law, you need to retain legal counsel to assist you. Contact the attorneys at Our Law Office to discuss your potential claim.

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Personal Injury Lawyers » Safety Guidelines for Production Line Workers

Health and Safety Guidelines and Regulations to Prevent Injury to Production Line Workers

Production line workers form a crucial component of the workforce in the United States. Since the advent of the assembly line by Ford Motor Company a century ago, men and women have been asked to spend their workdays sitting or standing and sometimes both while doing production line work. Production line work can also be very hazardous to your health. Because of this accidents among production line workers are common.

If you have been injured while working on a production line, call Our Law Office today. We represent workers from all walks of life injured in all kinds of ways. You have the right to be compensated for your production line injury: Our Law Office enforces workers’ rights to compensation.

Training

Training is the most crucial component for work on production lines and for most all work for that matter. Although production line work can be relatively simple, it can also be often very complex as well. And, either way, workers need to be trained on the best ways to avoid injury. Whether serious injuries caused by the most common workplaces accidents – falls, electrocutions, and blunt force traumas – or less serious injuries caused by repetitive motions, workers on production lines need proper training in order to reduce the risks of injury.

Standing

Workplaces that are designed well give workers opportunities to work in various different positions so as to reduce repetitive stress injuries. Standing is generally a comfortable position for most people, but as we all know standing for extended periods of time over the course of a day can be exhausting, and standing for extended periods of time over the course of years can take serious tolls on our bodies.

When standing on a production line for hours at a time, flooring and footwear both become very important. Employees need clean, solid, durable, non-slip, level flooring to stand on, and they need comfortable footwear in which to do that.

Sitting

Workers often sit at conveyor belts, workbenches, desks, tables, and other equipment during their entire shifts on production lines. One important thing to remember: those pieces of equipment should be adjustable so as to adapt to workers’ body types and workers’ tasks. Employers often try to save money by supplying their workers with the wrong kinds of equipment.

Standing and Sitting

Ideally, workers are given the opportunities to do their jobs either standing or sitting. This reduces fatigue on workers’ bodies and allows them the stretch and use different muscle groups throughout their shift.

If being forced to sit or stand – including being forced to sit or stand at cheap and unsuitable equipment – causes you to become injured, your employer has caused your injury and you have rights to financial compensation that Our Law Office can enforce for your family and you.

Organization

Properly organizing a workers’ workspace is also important. Workers need space to move around freely and at the same time, tools and other items need to be close enough to allow workers easy access to them without injury.

Rest and Relaxation
Also important in terms of health and safety guidelines for production line workers is giving those workers opportunities to stretch, rest, relax and exercise. Repetitive motion and repetitive stress injuries are prevalent among workers who work on production lines. Workers should always be given ample opportunities to avoid these injuries by being given opportunities to rest and relax.

Production line jobs have formed the backbone of manufacturing work in this country for generations. However, If you have been injured doing this vital work, contact an attorney who can help you. Call Our Law Office right now.

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Personal Injury Lawyers » Health and Safety Guidelines for Plumbers

Legal Regulations and Safety Issues in Place to Prevent Injuries to Plumbers

In order to make sure that plumbing systems in homes across the state of Texas are installed properly, plumbers are held to certain regulations to make sure that no injuries result from any plumbing system that is installed or repaired incorrectly. If your home or business has been placed in the unfortunate predicament where your plumbing system malfunctioned and an injury resulted, you have a cause of action to recover for whatever damage to persons and/or property has resulted. There are certain organizations that have been established in order to guarantee that plumbing systems are correctly installed and maintained. These organizations impose guidelines for plumbers to ensure that all safety and health precautions are taken heed of to prevent any accident from occurring. These guidelines are not necessarily common knowledge and that’s why it is to your benefit to have a products liability attorney on your side to decipher this type of information for you.

If you have been injured you have a right to be compensated for whatever loss was inflicted as a result of such injury. To increase the likelihood that you will receive compensation, you must retain legal counsel to litigate your claim and make sure that you are not treated unfairly. The attorneys at Our Law Office have experience handling personal injury lawsuits of this nature and are fully equipped to handle your case and make sure that your interests are represented to the absolute best of our ability. This article will focus on the different types of health and safety guidelines that exist for plumbers and the legal remedies available to you for any injury or loss you may have suffered due to a failure to comply with such regulations.

What Organization Monitors the Activities of Plumbers?

There are different organizations in existence that serve to regulate the plumbing industry in Texas. One of the largest is an organization called the Texas State Board of Plumbing Examiners whose sole mission is to ensure that the health and safety of the citizens of the State of Texas is given the utmost attention and importance in the installation and inspection of plumbing systems. The reasoning behind this is that any contamination of drinking water or other water systems that may result from improperly installed plumbing systems can have catastrophic outcomes. However, the fact that accidents still occur illustrates the fact that these organizations are not as effective as they should be. This is one of several reasons why you need an attorney familiar with these kinds of claims to make sure that your interests are represented when you are injured.

What Types of Injuries Can Occur From Improperly Installed/Inspected Plumbing Systems?

There are several harmful outcomes that can result from the improper installation of a plumbing system that can result in injury and in severe cases, even death. Some examples of accidents that can occur are explosions, poisonous fumes, hospital medical gas contamination, and fires. Furthermore, diseases can result from being exposed to any contaminated water that was caused by some improper conduct with regard to plumbing systems. This is because plumbing systems can deliver diseases such as dysentery, cholera, and typhoid fever. Furthermore, if toxic gases such as carbon monoxide are not properly vented through a plumbing system then they can be released as well. Another frightening negative result from these systems is if the medical gas systems installed by plumbers deliver some kind of gas to hospital patients, which can increase their sickness or even result in death.

What are the Safety/Health Regulations Imposed by the Texas State Board of Plumbing Examiners?

The Texas State Board of Plumbing Examiners requires every licensed plumber and plumber inspector to complete a minimum of six hours of continuing professional education every license year in order to renew his or her license. This regulation is required by law. If you discover that a plumber that has worked on your plumbing system was not certified then that is “prima facie” evidence of negligence on their part.

If a person has been injured in some way then they must file a complaint and a complaint investigator will determine what has occurred and impose sanctions. These notifications and sanctions can also be used as evidence of negligence if the information is used correctly and effectively by a skilled attorney.

If you have been injured through some fault of a plumber in their installation or inspection of your plumbing system you have an absolute legal right to be compensated for your loss. However, to preserve your right to legal redress, you need to retain an experienced lawyer who knows how to handle these cases and will fight for you. That is what we can offer you at Our Law Office. To discuss your potential claims contact us.

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Personal Injury Lawyers » Safety Guidelines for Concrete Workers

Health and Safety Guidelines to Prevent Injury to Cement and Concrete Workers

Men and women who work with cement and concrete for a living are in harm’s way, from the materials in cement to the dangers of working on construction sites. This article explores health and safety guidelines for men and women who work with cement and concrete. If you have been injured due to working with these materials or injured due to any work accident or working condition, call the well-known and trial-tested injury lawyers at Our Law Office today.

Use

In its broadest sense, cement simply means binding agent. Anything that binds or “cements” one thing to another is cement. In this sense of the word, countless men and women working in many types of industrial environments are exposed cements, both organic and artificial.

In its narrow sense, cement is a mixture of limestone, clay, and gypsum. This kind of cement is frequently mixed with water and aggregate (gravel, sand, and other crushed stones) to form concrete. Needless to say to anyone living in the developed world, cement and concrete are all around us. Cement and concrete are major ingredients in the roads and bridges we travel on, the floors we walk on, and the buildings we spend our lives in.

The Occupational Safety and Health Administration (OSHA) estimates that more than a quarter of a million people make their livings manufacturing and installing cement and concrete in the United States. Of those, OSHA estimates that around ten percent (25,000) will suffer serious job-related injuries or sicknesses in any given year, and of those injured, each year around 40 will lose their lives on the job.

Injuries

Eye irritation caused by dusty conditions.
Nose and mouth irritation caused by dusty conditions.
Breathing difficulty, silicosis, bronchitis, and even cancer caused by silica, an ingredient in cement.
Skin irritation and chemical burns caused by wet concrete.
Plus all the other kinds of injuries people suffer in industrial environments and on construction sites.

Health and Safety Guidelines

Those people exposed to cement and concrete dust should:
Wear respirators to limit the amount of dust they breathe in;
Wash the affected areas of their bodies very well with soap and water as soon as possible after exposure;
Wet concrete and cement before chipping, grinding, and otherwise disturbing so as to keep dust levels down;
Eat and drink in areas that are not at all dusty in order to keep from swallowing cement dust and its component ingredients; and
Use filtered vacuums to clean dusty areas rather than dry brooms.
Those people working with or exposed to wet concrete should:
Wear proper, waterproof protective clothing, footwear, and eye protection;
Make sure that clothing and footwear is free of wet concrete to prevent accidental exposures through the clothing;
Wash the contaminated area or areas of skin with cold water; and
Wash eyes contaminated with wet concrete with water for at least 10 minutes and then seek immediate medical attention.
And all workers in construction and industrial environments should generally:
Receive proper training on how to use equipment, tools, machines, respirators, safety equipment, et cetera;
Wear protective clothing, including respirators, when exposed to dusty conditions;
Wear ear and eye protection, when necessary;
Communicate with other workers so as to reduce everyone’s risk of injury and remedies.

Work Injury Law Firm
Injured on the job? You have rights. Hurt by cement or concrete? The law is on your side; you need the right lawyer to enforce your rights to be made whole again. Trust Our Law Office to bring your legal claim correctly, fairly, and in a timely manner.

Call us today if you or a loved one has been hurt due to contact with cement and concrete, or hurt for any reason due to someone else’s carelessness or neglect. Our Law Office staff members are available to answer your questions today, in English and Spanish. You can reach our staff members by phone.

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Related Articles

Nonsubscriber Work Injuries
Obstacles and Complicating Factors
Be Careful What You Sign
Defenses Not Allowed in a Nonsubscriber Case
Defenses Allowed in Nonsubscriber Case
The Effect of 3rd Party Liability
Employee or Independent Contractor?
Scope of Employment
Compartive Fault in a Nonsubscriber Case
Nonsubscriber Wrongful Death Cases
Employer’s Duties
Employer’s Duties
Employer’s Obligation to Provide PPE
Theories of Liability Used in Nonsubscriber Cases
All About OSHA
What is OSHA?
When Does OSHA Investigate?
What does OSHA Investigate?
OSHA Fines and Penalties
By Occupation
Safety Guidelines for Commerical Fishermen
Safety Guidelines for Product Line Workers
Safety Guidelines for Plumbers
Safety Guidelines for Concrete Workers
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Personal Injury Lawyers » Nonsubscriber Work Injury Attorney

Injury and Death Claims Against Workers’ Compensation Non-subscribing Employers

Work Injury Law Firm
About 45% of Texas companies do not participate in the state-run workers’ compensation program. This classification of an employer is called a nonsubscriber. If you have been injured on the job and your employer is a nonsubscriber you will not get automatic compensation as you would if your employer subscribed to workers’ comp. In fact, your rights are quite different.

This article will explain your rights, the compensation you can receive, and how to successfully pursue that compensation. The nonsubscriber workers’ injury attorneys of Our Law Office have been winning these cases for over 20 years. Please feel free to contact us to further discuss your work-related accident.

Where Do Nonsubscriber Laws Come From?

Technically, there is no such thing as nonsubscriber’s work injury law. The way it works is that our legislator has passed very specific laws regarding the rights of an injured worker whose employer does subscribe to workers’ compensation and these laws are codified in the Texas labor code. When the employer opts out of this system there is no hard and fast set of rules that says an employer can do X, Y, and Z.  Instead, your rights are derived from the common law. As such, your rights mirror the natural rights that a plaintiff would typically have in any other personal injury case.

What Is So Different About Nonsubscriber Cases?

The primary difference between nonsubscriber and workers’ comp cases is that in a nonsubscriber case you typically have to litigate against the employer in order to force them to accept responsibility and force them to pay you. Whereas in a workers’ compensation case there is the presumption that the employer is inherently liable and the benefits you get are automatic.

Is My Employer Inherently Liable?

No. Since a nonsubscriber work injury case is based on common law principles, you are required to prove that your employer was negligent in some fashion. If you cannot prove that the employer was negligent then you simply do not have a valid claim. In other words, just because you were injured on the job does not mean your employer was responsible in a nonsubscriber case. You must prove they caused your injury directly or indirectly.

How Much is My Case Worth?

Again, in a nonsubscriber case, you can sue your employer for all your damages, rather than receive just the paltry benefits that someone who has a workers’ compensation case is eligible to receive. To determine the value of your case you must simply add up all of your individual damages and weigh that against known jury verdicts. Damages that are compensable in a nonsubscriber case are:
Loss of earning capacity
Impairment
Both future and past medical expenses
Compensation for suffering

Juries are not particularly biased against plaintiffs. So in most nonsubscriber work injury cases, we can typically recover the entirety of your damages because a jury is likely to award the entirety of your damages. (On the contrary, in certain parts of Texas, even if you win your case, a jury will pay you less money than what your case is worth.)

How Does a Nonsubscriber Case Work?

Step 1: Talk to an attorney. The very first thing you need to do is speak with one of our attorneys here at Our Law Office so that we may discuss your individual accident.

Step 2: We will do research on the matter which might include an onsite inspection, accident recreation, and product testing. The initial methods that we use to better understand your accident and why it occurred largely depend on the nature of your injury and what we primarily believe to have caused your accident.

Step 3: We will present to you your options and discuss what we think the case is worth, whether we think it is worth you pursuing, and what we think you may stand to gain when it is all said and done.

Step 4: We will then attempt to settle the case out of court and file suit if the defendant does not offer an adequate payment. All of our attorneys at Our Law Office are skilled negotiators; however, we are not willing to compromise on your well-being. We will do our best to reach an adequate payout, but if we feel you are not being offered a fair sum, we will have no problem holding the defendant accountable in court.

Step 5: Now the case is in litigation so we will go through a process where we use subpoenas to obtain documents and information from the company and we will use this to build the case against them. This is where we will find the crucial evidence which can undeniably prove the defendant is responsible for your damages.

Step 6: Once we have gathered additional information, both parties will again meet and discuss the case face to face. A new round of negotiations will begin and if these negotiations fail we will go to trial.

Voluntary Benefits Paid by the Employer

As we mentioned above, your employer does not have to compensate you when they are not a subscriber to workers’ compensation; you must pursue them to get the compensation you need. But, some of you reading this may think “But my employer is paying me voluntarily. Do I still need to file suit against them?” The answer is some employers will purchase insurance that provides proactive payment of injury benefits that functions very similar to a workers’ comp plan; however, this is all done on a voluntary basis and they can cut your benefits off at any time.

As a general rule of thumb, if your injuries are very minor, it is not worth it to sue. If your injuries are minor and your employer is giving you voluntary benefits, you should probably take the money and run. On the contrary, if you have severe injuries they may simply be paying you enough to string you along and ultimately cheat you out of the money you deserve. They are only paying you for medical costs and potentially a small amount of your lost wages; however, often you will go months without working and you will require ongoing treatment and surgeries to fully recover.

Unfortunately, through voluntary benefits, many employers will only pay for your initial surgery cost and maybe a month of lost wages. This means you have damages for lost wages, medical treatment, and other damages like suffering all of which voluntary benefits will not cover. Your employer is not paying you what they owe you, but they are paying you enough that no attorney will want to sue because you will only be able to recover a limited amount of damages, but you still have the same cost to pursue the claim. Generally, employers who offer voluntary benefits have ulterior motives and they may intentionally mask their nonsubscriber status as workers’ compensation. This also typically prevents you from getting an attorney and resulting in the statute of limitations passing before you even realize you have a claim for further damages.

What if the Accident is Partially My Fault?
The primary benefit to employees who have a nonsubscriber employer is that they only have to show that the employer is partially liable. So unlike every other personal injury case where you have to show the defendant is more liable than you, the nonsubscriber only has to be at least 1% responsible for your injury. As a consequence, the only thing they can do is try to put the blame back on you.

If you’ve been injured in a workers’ comp nonsubscriber case call Our Law Office.

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Personal Injury Lawyers » Signing an Insurance Release

Does the Insurance Company Want You to Accept a Settlement and Sign a Release? Be Careful What You Sign!

Many times after an employee is injured in a workplace accident, if the employer is a nonsubscriber, they will try and get the employee to sign a document that will limit the employer’s liability and the amount that the employee can recover for the injuries. This article will discuss the different kinds of documents that an employer may ask you to sign when you are injured in a workplace accident. Be advised, you should always consult with an attorney before signing any of these documents.

What is a Nonsubscriber?

In this context, a nonsubscriber refers to an employer that does not subscribe to Texas’ workers’ compensation. This means that if an employee is injured on the job and the employer is found liable, then the employer must pay for the entirety of the employee’s damages. In order to show that an employer is liable for an employee’s injuries, the employee must show that the employer was negligent in causing the accident. However, if you sign away your rights to hold your employer accountable, you may not be able to receive any compensation for your injuries.

Pre-Injury Waiver

A lot of employers will have you sign a document called a pre-injury waiver or release of liability when you are hired. Essentially, the idea is that by signing this document you are agreeing that if you are injured on the job, you will not sue your employer. However, these are not generally enforceable and you are still able to sue your employer and recover damages for your injuries. Also, if you sign a pre-injury waiver and later sue your employer because of a workplace injury, it cannot later be used against you in court as a defense to liability.

Post-Injury Waiver

A post-injury waiver is a document that is signed by an employee, after the employee is injured in a workplace accident, stating that the employee agrees not to sue their employer and that the employee waives the employer of liability. Although they are typically binding, there are circumstances where they can become invalidated; such as if they were signed under duress or if a certain term in the waiver makes it unenforceable.

What Should You Do if You Have Already Signed a Post-Injury Waiver?

If you have been injured in a workplace accident and have signed a post-injury waiver, you should still contact an attorney to see if there is anything that can be done to invalidate the waiver. We have had cases where we were able to show that waivers were unenforceable because of some of the terms they contained, and our clients were able to sue their employer and recover compensation.

Settlement or Release Documents

If you are dealing with an employer’s insurance provider they may ask you to sign a settlement that contains a release. This means that although you would get the settlement money, you would be barred from bringing a future claim against your employer regarding this injury and would not be able to receive further compensation.

You should make sure that you are being fully compensated by the settlement amount before you sign a release. The best way to know if the settlement amount is enough is to have it analyzed by an attorney who can tell you the total damages of your claim and if the settlement amount is sufficient to cover these damages.

Binding Arbitration Agreement
A binding arbitration agreement is usually signed when you are hired. It states that in the event that you are injured in a workplace accident, you agree to go to arbitration rather than file suit in a court. Unlike a pre-injury waiver, an arbitration agreement is still enforceable even if it is signed before you are injured in a workplace accident.

Although this does not prevent you from bringing a claim, it does prevent you from filing suit in court and going before a jury. This can be problematic because a jury can sympathize with you if you are injured, whereas an arbitrator is likely to only look at the facts of the case and take emotion out of it.

Documents That You Can Sign

There are some it would be okay to sign, however, it is always a good idea to have a lawyer look over anything beforehand. It is usually okay to sign anything related to your medical care given to you by a hospital employee. However, medical records can be used in court as evidence, so only sign it if you are okay with a jury potentially finding out about it. It is also generally okay for you to sign a document given to you by a police officer, such as an incident report describing the circumstances surrounding the accident.

You Should Consult With An Experienced Attorney Before Signing Anything

Work Injury Lawsuit
By signing a document that you do not completely understand the full effects of you could potentially limit some of your available rights under the law. The best way to become fully aware of what potential limits are contained in a document is to consult with an experienced attorney and have them review it.

The attorneys at Our Law Office have over twenty years of experience and have dealt with hundreds of workplace injury cases where the employer attempted to get the employee to sign away liability. If you have been injured in a workplace accident and have been asked by your employer to sign something you should call one of our attorneys today for a free consultation.

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Personal Injury Lawyers » Defenses Not Allowed in a Nonsubscriber Case

When an Employer Does NOT Subscribe to Texas’ Workers’ Compensation Program, They Lose the Ability to Use Certain Defenses to Avoid Liability

Work Injury Lawyer
Our legislature has made it very clear that they wish for all Texas employers to subscribe to workers’ compensation. Workers’ compensation is a state-regulated insurance policy that employers can choose to subscribe to in order to limit their liability in the event that an employee is injured on the job. When an employer opts out of this state-run workers’ compensation plan they are considered to be a nonsubscriber. In the event that your employer chooses not to subscribe to worker’s compensation, an injured employee who brings a negligence claim against nonsubscriber benefits from the fact that the nonsubscribing employer is forbidden by law from using certain defenses. As a consequence, it becomes easier for a plaintiff to win their case against the nonsubscriber; this article will discuss the defenses that a nonsubscribing employer cannot use.

What Defenses are Unavailable to a Nonsubscriber?

Contributory negligence
Contributory negligence essentially states that an injured party cannot receive compensation if they played some role in causing the accident that occurred. As a nonsubscriber, an employer cannot claim that their employee contributed partially to their injury in order to offset their liability. They do not have the luxury of using this defense to escape being responsible for the losses that you have incurred.

Assumption of the Risk
Assumption of the risk is a defense that prohibits the plaintiff from recovering against a defendant if the defendant is able to prove that the plaintiff voluntarily assumed whatever risks were involved in the conduct that caused his/her injury. An example would be if there was something inherently dangerous associated with whatever activity resulted in the accident. However, as a nonsubscriber, an employer cannot escape liability by showing that the activity their employee was engaged in at work was hazardous and that they assumed any potential risk.

Pre-injury waiver of liability
A nonsubscriber cannot make you sign any documentation that is a waiver preventing you from suing them in the event that you are injured on the job. However, courts have ruled that a binding arbitration agreement does not constitute a pre-injury waiver, so you will still be bound to that type of agreement if your employer has had you sign such documentation. Arbitration agreements essentially operate as a way to resolve disputes without having to get involved in formal court proceedings. If your employer has one of these agreements in place then it may be enforceable so long as it is not unduly harsh on you as the employee.

Negligence of a co-worker
If your employer subscribed to workers’ compensation, then they would be able to avoid being held liable for your damages if your injury was caused by the negligent conduct of another employee in their company. However, as a nonsubscriber, they cannot use this defense regardless of whether or not the accident occurred because of the actions of one of their other employees.

What Defenses can a Nonsubscriber Use?

Unfortunately, there are defenses that a non-subscribing employee can use. There are two primary defenses that are often used by nonsubscribers to avoid liability for their employee’s injuries.

Sole Proximate Cause
As an employee, you must prove that the employer was negligent and that this negligence caused your injury. While a nonsubscriber cannot claim the defense of contributory negligence (discussed above) they can claim that you were the sole cause of your injury. If the employer can show that they were not negligent whatsoever and that the employee was entirely responsible for the accident that occurred then they may be able to avoid liability.

The “Routine Job” Defense
The Texas Supreme Court’s ruling in Great Atlantic & Pacific Tea Co. v. Evans established that negligence on the part of an employer does not exist if the employee is injured while doing the usual and customary tasks associated with the job. Basically, if the conduct that caused the accident is the usual customary activity that all the employees are expected to perform then the employer is not liable. The event that resulted in the accident occurring must be somewhat unusual or pose some abnormal danger.

Our Texas attorneys have won hundreds of work injury cases. Call us today to discuss your case.

While these defenses may seem daunting, they can be easily overcome with the assistance of an attorney that is experienced in personal injury nonsubscriber lawsuits. The attorneys at Our Law Office have represented clients in thousands of personal injury lawsuits and as a result, we have the skill and expertise necessary to ensure that you are able to get the compensation you deserve for your injury.

Our attorneys are dedicated to providing each and every one of our clients with the best representation available. To discuss your potential personal injury lawsuit contact us for a free consultation.

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Personal Injury Lawyers » Defenses Allowed in a Nonsubscriber Case

Employers Who Do Not Subscribe to Texas’ Workers’ Compensation Insurance Have Only a Few Available Defenses to Skirt Liability

Texas Work Injury Law Firm
Not all employers in Texas subscribe to workers’ compensation and those that don’t are referred to as nonsubscribers. Our legislature has created laws that encourage employers to subscribe to the state-run workers’ comp program and when an employer chooses not to they may face certain difficulties when asserting a claim against you. The primary advantage to you as an injured worker is that your non-subscribing employer is limited in the defenses they can use against you. This article will talk about the defense they are allowed to plead and their attempts to limit your chances of obtaining compensation.

Intentional Self Inflicted Injuries

One defense they can use is that the employee caused his own injury on purpose. If an employee tried to hurt themselves to gain benefits the employer is clearly not liable. This means if you intentionally dropped a large, heavy object on your foot crushing it, then your employer is not responsible for your resulting medical bills and lost wages. An employer, even if they are not protected under a subscriber status, is only responsible for injuries that resulted from the company’s negligence. If you intentionally injure yourself you have absolutely no claim for damages.

Injury Caused By Intoxication

If the employee was intoxicated they would not have a valid claim for their injuries. In Texas, intoxicated generally means under the influence. This means if you have consumed alcohol, cocaine, marijuana, or anything that is deemed to impair your judgment and physical capabilities.

For example, say you work for a construction company driving large vehicles like a bulldozer. If you consume alcohol while on your lunch break and then operate the heavy machinery you could easily be injured due to your impairment, even if you are not above the legal limit. If you have consumed any alcohol your judgment and capabilities can be considered impaired and your employer will not be responsible for your injuries which were the result of your intoxication.

Enforceable Post Injury Liability Waivers

You also may be prevented from having a valid claim if you entered into an enforceable post injury liability waiver. These are forms that employees have the option of signing after their accident in order to receive medical benefits and payment for their treatment from a non-subscribing employer. If you have signed one of these waivers you may be prevented from filing a claim against your non-subscribing employer for further damages. However, it is important to note that not all of these contracts are enforceable. It is imperative that you speak with one of our knowledgeable personal injury attorneys to assess whether your post-injury liability waiver is an enforceable contract in order to determine whether this can legitimately be used as a defense by your employer.

The Sole Proximate Cause Defense

Lastly, there is the defense that is derived in the form of an inferential rebuttal known as the sole proximate cause. Essentially, the employee was solely responsible for their own injury due to their own carelessness and the employer did nothing wrong. In this instance even though you may have been injured while working, your injury was in no way the fault of the employer or another employee. As a result, your employer cannot be held liable for your damages. Sometimes people are simply careless or clumsy and they are injured due to no one else’s fault, but their own. The court recognizes that it would be illogical and unjust to sue another person for your own negligence or carelessness and this is commonly cited as a defense for non-subscribing employers.

Even though nonsubscribing employers are limited in the defenses they can use against you, they still have a great deal to work with. Most nonsubscribers mainly rely on the sole proximate cause defense. They will use this allegation to the best of their ability which often means attacking you personally. They will research your past, question co-workers, and resort to the worst kind of character assassination in an attempt to deflect blame. If you have been injured while on the job and your employer is a nonsubscriber it is very likely that they would use this tactic to reduce or completely eliminate their liability. You need the attorneys at Our Law Office to assist you with these underhanded strategies of these defense attorneys. To learn more about how a nonsubscribing employer may try to attack your claim and to schedule a meeting with one of our skilled attorneys, contact Our Law Office.

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3rd Party Liability in a Nonsubscriber Case

Personal Injury Lawyers » 3rd Party Liability in a Nonsubscriber Case

Claims Involving Defendants Other Than Your Workers’ Comp Nonsubscribing Employer

Did You Know?

Our work injury attorneys have won thousands of cases. Call us today to discuss your case.

If your employer has elected to not participate in Texas’ workers’ compensation program and you’ve been injured on the job due to the negligence of someone else who’s not your employer (including fellow employees), you may be able to recover compensation for your injuries by filing a third-party work injury claim against your employer.

If a negligent third party caused your workplace injuries and your employer is a nonsubscriber, our attorneys may be able to help you recover the compensation from the responsible party that you deserve. Our attorneys have represented injured workplace accident victims throughout the state of Texas for more than 20 years and may be able to put the full force of their experience, skill, and techniques they’ve accumulated over their years of practice to work for you.

What is a Third Party for the Purposes of Texas’ Workplace Injury Laws?

For the purposes of a work injury claim, a third party is any party who causes an employee to suffer harm but is not their employer. For example, the company that owns and/or operates a hotel is a third party for the purposes of Texas’ workplace injury laws when a traveling salesman staying in the hotel for work slips and falls in the hotel’s lobby. Although the salesman was acting in his capacity as an employee when he was injured, his injuries were solely the result of a negligent third party – whoever owns and/or operates the hotel.

Another example of a negligent third party under Texas’ workplace injury laws is a scaffolding rental company that causes a construction accident because the scaffolding was improperly assembled. In this scenario, the injured construction worker will have a claim against the negligent third-party scaffolding rental company in addition to any claims he may have against his employers.

How Recovering for Your Injuries Works When Your Employer Subscribes to Texas’ Workers’ Compensation Program

If your employer has elected to not subscribe to Texas’ workers’ compensation program (which, if you’re reading this article, they presumably have), your claims are different than those if your employer has elected to participate in the program. The following scenarios illustrate the differences in applicability of Texas’ injury laws based on if your employer subscribes or has opted out of the program.

In work-site injury cases where a person’s employer has elected to participate in Texas’ workers’ compensation program, workers’ comp will pay for a victim’s medical expenses and a portion of their lost wages. In these cases, injured workers are able to assert a lawsuit against the negligent third party for damages they’ve suffered that aren’t covered by Texas’ workers’ compensation program.

It’s important to note that if you have been injured on the job and your employer participates in workers’ compensation, you should receive benefits, regardless if your employer was at fault. Conversely, recovering compensation from non-subscribing employers (and third parties) requires you to prove that your injuries stem from someone else’s negligent actions. In cases where an employer is a nonsubscriber, a question often arises of “who will pay for my expenses while I’m pursuing a third party for liability for my injuries?” The answer to that question depends if the facts of your case fall into one of two scenarios:

Scenario One – Both Your Employer and a Third Party Are Responsible For Your Injuries
The first factual scenario your case may fall into is where both your non-subscribing employer and a third party are responsible for your injuries. To illustrate, let’s analyze a case involving a hypothetical painter injured on a job site while working for a non-subscribing employer. While at the job site, the painter was instructed to paint the edge of a balcony but wasn’t provided an appropriate safety harness by his boss. Unfortunately, while painting as instructed, the negligently constructed and maintained railing on the balcony gave way, causing the painter to fall and suffer major injuries.

In this scenario, the worker was injured due to a combination of his employer’s and the third party’s negligence: his employer failed to provide appropriate safety equipment, and the property owner failed to properly maintain and/or construct their balcony. In a scenario where both your non-subscribing employer and a third party are responsible for causing your injuries, you’ll need to hire an experienced workplace accident attorney to file a lawsuit against both parties to recover compensation for your injuries.

Scenario Two – A Third Party is Entirely Liable For Your Injuries
In the second scenario your case may fall into, a worker’s injuries are 100% attributable to a third party. In these cases, a party’s employer is not required to pay anything for their employee’s injuries because they have elected to abstain from participating in Texas’ workers’ compensation program. In these cases, you’ll need to retain an experienced workplace accident attorney to sue the third party under a negligence theory. Moreover, as your employer did not act negligently, your exclusive remedy is to file a lawsuit against the third-party responsible for causing your injuries.

However, a limited exception to this general rule may exist. Some more generous nonsubscribing employers may voluntarily provide their injured worker’s benefits although not required by Texas law. In these cases, your employer will need to be reimbursed after you recover compensation from the negligent third party. You should note, however, that a nonsubscribing employer voluntarily providing benefits for harm caused solely by a third party is almost unheard of, and the only way you’ll likely recover compensation for your workplace accident injuries is to pursue compensation from the negligent third party under Texas’ negligence laws.

What Damages Are Recoverable From a 3rd Party in a Workplace Accident?

Simply put, a variety of damages may be recoverable in a workplace accident attributable to a third party’s negligence. Specifically, if their negligence costs you your job, you may recover the cost of past and future lost wages. If you lost your health, you can sue for the medical attention you need as a result. If you lost your enjoyment of life or have endured emotional suffering, you may be able to sue for the value of that loss.

However, although most damages from workplace accident cases are similar, the amount of and types of compensation available in your case can only be determined after a detailed examination of the particular facts of your case. For more information and a free consultation of your case, our attorneys invite you to give them a call any time, day or night.

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Personal Injury Lawyers » Employee Status vs. Independent Contractor

What is the Difference Between an Independent Contractor and an Employee in Relation to a Workers’ Compensation Injury Claim?

Did You Know?

Our firm has been fighting for work injury victims` rights for over 20 years. Call to discuss your case.

If you’ve been injured on the job, you may have been told or received correspondence from your employer or their insurance company identifying you as an “independent contractor,” or that your employer does not consider you to be a traditional employee. This article was written to identify the ramifications of being classified as an independent contractor instead of an employee and to discuss the factors courts consider when determining if a worker is an independent contractor or an employee.

Unfortunately, Texas law doesn’t provide a bright-line rule for determining if a person is an employee or an independent contractor and requires courts to analyze several factors in making their determination. As the ramifications of a court’s decision may impact you for the rest of your life, it’s important that you retain an experienced workplace accident attorney like those at Our Law Office soon after you’re injured on the job to perform a detailed analysis of your case.

Ramifications of Being Classified as an Independent Contractor or an Employee

Although Texas law presumes that all workers are employees and places the burden of proving otherwise on the employer, your employer and/or its insurance company are likely adept and experienced in defeating that presumption. As a general rule, it is in an injured worker’s best interest to prove that they were an employee rather than an independent contractor. For example, if an accident was your fault and your employer fails to defeat the presumption that you are an employee, it will probably be liable for both your injuries as well as other injuries and property damage that resulted from the accident under the doctrine of respondeat superior. Additionally, and perhaps more importantly to someone who’s been injured on the job, an employer that successfully rebuts the presumption and proves that you were an independent contractor at the time of the accident is not required to pay you workers’ compensation benefits for your injuries and lost wages.

Factors Considered in Determining if You Are an Independent Contractor

Generally, courts consider three broad factors in determining if you were an independent contractor or an employee at the time of the accident. Specifically, courts analyze the extent that the employer controlled the worker’s behavior, the extent of control the employer asserted over the employee, and the type of control the employer asserted over the employee.

In determining the extent an employer controlled a worker’s behavior, courts consider if the employer controlled the manner and methods the worker used in completing the job. In other words, most actions taken by an independent contractor are usually taken with total autonomy and independence from the control of his employer. Whereas an employee’s actions are directly and continuously dictated by his employer. Courts often examine if the worker provided his own tools, materials, set his own hours, or used his own technique and approach to solving a task with limited instruction or supervision from the employer when examining this factor.

In determining the extent an employer has exercised financial control over a worker, courts consider if the worker was given total financial control over a task in such a way that he could have realized a profit or a loss, or if he was insured a profit regardless of the success of his work. Courts also look to see if expenses were reimbursed, and how the worker was paid; courts are more likely to find hourly and salary employees to be employees and workers who receive a flat fee for a particular job to be independent contractors.

In determining what type of control an employer asserted over a worker, courts often examine the language in a written employment contract, if one exists. However, regardless of the existence or contents of an employment contract, courts may determine that a different relationship exists based on the parties’ conduct. Specifically, courts examine several factors, including if the worker was provided benefits such as sick pay, insurance, or vacation time. Courts also consider the duration of the employment, often finding “at-will” workers or workers who may retain their position for an indefinite period of time are employees, whereas a worker that is retained for a particular project or for a limited duration of time is more likely to be an independent contractor.

To further complicate things, courts may also consider additional factors not discussed in this article. Thus, if you’ve been injured on the job and suspect that you are an employee but have been labeled as an independent contractor by your employer or their insurance company, you should contact an experienced workplace accident attorney like those at Our Law Office to advocate your status as an employee.

You Need a Smart and Experienced Attorney on Your Side to Assert Your Rights as an Employee. As you can see, determining if you were hired as an independent contractor or an employee is a complicated and very important determination and likely needs an experienced attorney to identify your employment status.

If you’ve been injured on the job and have been labeled as an “independent contractor” by your employer or their insurance company but suspect that you are actually an employee, you should contact the experienced workplace accident attorneys at Our Law Office. They are available anytime, day or night, to provide you with a free consultation regarding your rights.

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Personal Injury Lawyers » Actions Outside the Scope of Employment

Behaviors and Actions That May be Considered Outside the Scope of Employment in Relation to a Workplace Injury

If you have been injured at your place of work, your employer will often try to get out of paying for your work accident. They will often claim that you were acting outside the scope of your employment at the time you were injured in order to avoid liability. Not all the actions that an employee takes constitute “work;” some actions of an employee fall outside their assigned tasks or the scope of their employment. The activities that you were conducting at the time of your accident are one of the factors that will ultimately determine whether the employer will be liable. Texas law holds that an employer is not liable for the injuries of their employees when said employees do something they are not instructed to do. To protect yourself from employers attempting to avoid liability by unfairly arguing that you were acting outside the scope of your employment at the time of your work injury, it is important that you contact an attorney to ensure that your rights as an employee are protected.

What is Considered Work?

Work is considered to be the tasks that you perform that are within the scope of your employment. Scope of employment is not just limited to your job description. The scope of your employment is generally considered conduct that furthers the interest of your employer. As such, so long as your actions are legitimately benefiting your employer, it becomes difficult for your employer to argue that you were acting outside of the scope of your employment.

Potential Hypotheticals

Imagine a scenario whereby two men are wrestling or participating in what is commonly referred to as horseplay while at work. These actions are not in anyone’s job description and certainly do not further the interest of their employer. As a result of the horseplay one man gets injured and, even though the activity may have occurred at work and on the clock, the employer will most likely not be liable for the injuries the man sustained. While this example seems easy, they are not always so simple. Another hypothetical would be if a man works at a construction company that builds skyscrapers, he answers a call on his cell phone, and then while speaking on the phone he trips over a tool belt and falls, resulting in serious injuries. The man’s employer tries to avoid having to pay for the man’s injuries by claiming that the man was acting outside the scope of his employment by taking the phone call while on the job. Would this be considered an action that falls outside the scope of employment? What if the call the man received was from his doctor to reschedule an appointment around the man’s work schedule? Would this change the argument? Certainly, his taking that personal call in order to work around his work schedule resulted in greater availability to work and therefore help his employer.

The main thing that you need to take away from this topic is that there is no shortage of opportunities for your employer to try to skirt liability in your work injury case. Employers will try to use the slightest misstep to avoid responsibility for the injuries of their employers.

Employer’s Defenses

We are fond of saying that the job of a defense lawyer, the lawyer who represents your employer, is to “throw everything at a wall and see what sticks,” which is to say that they will try every defense, no matter how off the wall, that could potentially help their clients.

Did You Know?

Our Texas attorneys have won hundreds of work injury cases. Call us today to discuss your case.

Many defenses that an employer’s attorney uses are not used to prove fault in the case, but to limit the amount of damages their client may have to pay. In other words, they don’t have to beat you flat-out; they just have to form arguments that cause your case to suffer in some manner or another.

Our Law Office will protect your rights; we know what arguments the defense will likely make and are ready to defeat them. The attorneys at Our Law Office have more than 20 years of experience in handling personal injury matters just like this; they can help you maximize the recovery that you deserve. Call to schedule your free consultation.

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Nonsubscriber Injury Cases & Comparative Fault

How Contributory Negligence Can Affect Your Nonsubscriber Work Injury Claim
If you’ve been injured on the job, you should be aware that most defendant nonsubscribing employers will attempt to avoid liability for your injuries by arguing that you (the plaintiff) were partially responsible for causing your injuries. This defense is known as “comparative fault,” or “proportionate responsibility.”

However, workplace injury defendants are misled when asserting this defense as all non-subscribing employers automatically waive this defense when one of their employees files a lawsuit against them in Texas. In other words, if an injured employee can prove that his nonsubscribing employer was even marginally responsible for his injuries, his employer will be liable for all of them.

With the gravity of total reasonableness for an employee’s injuries weighing heavily against them, nonsubscribing employers will attempt to avoid the problems caused by waiving the doctrine of comparative fault in numerous ways. However, the two most common, are 1) claiming that you were the sole proximate cause of your injuries or 2) a third, unrelated, party was solely responsible for causing them.

Your Employer Will Claim that Your Negligent Behavior Was the Sole Proximate Cause of Your Injuries

One of the essential elements every workplace injury victim injured while employed by a nonsubscriber must prove to a court is that his injuries were caused by the employer’s negligent actions or failure to act. This element (commonly referred to as “causation”) is divided into two components – “actual” and “proximate” cause. Proximate cause is the more difficult to prove of the two components of causation and essentially requires an injured party to prove that his injuries are reasonably related to the event that caused them. Thus, if your employer can prove that your actions – and your actions alone – were responsible for causing injuries, they will totally avoid liability for causing them.

Attempt to Blame a Third Party

Similarly, your employer will also likely attempt to prove that an unrelated third party was solely responsible for causing your injuries. The arguments they’ll make here are along the vein as discussed in the above paragraph: they will acknowledge that you were injured but will claim that your injuries were not at all contributable to their own negligent or reckless actions.

Our Experienced Workplace Injury Attorneys May be Able to Help You Recover the Compensation You Deserve

To summarize our discussion in this article, Texas law will not prevent workplace accident victims from recovering from their injuries simply because their employer asserts the doctrine of comparative fault. As discussed above, Texas law doesn’t allow responsible nonsubscribing employers to take a “discount” of liability in these cases simply because they claim you were negligent. In other words, Texas injury laws apply an “all or nothing” responsibility to non-subscribing employers.

If you would like more information regarding how comparative fault applies in a nonsubscriber case or a free consultation of how our attorneys might be able to help you recover compensation for your injuries, we invite you to give us a call. Our experienced workplace injury attorneys have represented Texas injury victims for more than 20 years, and are available any time, day or night.

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Personal Injury Lawyers » Nonsubscriber Wrongful Death Cases

Workplace Fatalities and Workers’ Compensation Nonsubscribers

Many people assume that if they are injured at work workers’ compensation will cover their injuries and that will be the end of it. Many times this is true and no other action is required by the injured party. However, Texas is one of the few states that do not require their employers to subscribe to workers’ compensation insurance programs, leaving individuals who are injured on the job of a nonsubscriber to their own devices for recovery. While the advantage to this is that there may be a bigger recovery at the end of the procedure, the bad thing is that it will require you to have a long path to recovery. The attorneys at Our Law Office want to help you down this path; we have extensive experience in assisting workers injured while working for nonsubscribers and can help you get the recovery that you deserve.

Remedies Against Nonsubscribers

There are several steps on your path to recovery for the death of your loved one from a non-subscribing employer. The first step is to show that the employer was negligent. The employer will likely try to escape liability by claiming that the deceased party was partly at fault for the accident. Common tactics used by employers are claiming that the deceased was contributorily negligent or that they assumed the risk. The attorneys for the employer will try to show that the deceased was at fault in every way possible, or show that they were acting outside the scope of their employment; you need representation that will show the truth and make sure that you are rightfully compensated for the death of your loved one.

Damages From Nonsubscribers

There are two types of damages in a wrongful death case; punitive and remedial. Each of these types of damages has a different distinct reason why they are awarded.

Remedial
Remedial damages are awarded based on the loss that you have suffered as a result of your loved one’s death. The purpose is to try to compensate you for what you would have available if no death had occurred. Factors that are considered when determining the amount of damages are the deceased’s income at the time of death, their future potential earnings, age, and the number of dependents they had.

Punitive
Punitive damages are not damages that are based on your loss; rather they are damages that are awarded the intention of punishing the wrongful acting party. The intention of punitive damages is to punish the employer for their wrongdoing or culture of wrongdoing. Punitive damages, when awarded are generally large. However, courts tend to shy away from awarding these damages, absent gross negligence or lack of care for human life.

Pre-Injury Waivers

A rather new development when it comes to nonsubscriber protection is pre-injury waivers. The Texas Supreme Court ruled that employees could ask their employees to waive liability if the employer has an alternative program to workers’ compensation. These pre-injury waivers should never be signed without the advice of an attorney. Many times these are used by employers to relieve them of liability and the benefits for the employee are extremely limited. When you sign a waiver you will be giving up all your common law remedies for injury recovery, which includes prohibiting you from filing a lawsuit for recovery of damages for the death of your loved one.

Conclusion

If you have had a loved one injured, you will need the assistance of an experienced attorney that can get you the recovery that you deserve. The attorneys of Our Law Office are here to ensure that you get the maximum amount of damages.

We have over 20 years of personal injury and trial experience under our belt and we can help you through this time of loss. Call us today to schedule your free consultation.

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An employer is forbidden by law from using certain defenses. As a consequence, it becomes easier for a plaintiff to win their case against the nonsubscriber; this article will discuss the defenses that a nonsubscribing employer cannot use.

What Defenses are Unavailable to a Nonsubscriber?

Contributory negligence
Contributory negligence essentially states that an injured party cannot receive compensation if they played some role in causing the accident that occurred. As a nonsubscriber, an employer cannot claim that their employee contributed partially to their injury in order to offset their liability. They do not have the luxury of using this defense to escape being responsible for the losses that you have incurred.

Assumption of the Risk
Assumption of the risk is a defense that prohibits the plaintiff from recovering against a defendant if the defendant is able to prove that the plaintiff voluntarily assumed whatever risks were involved in the conduct that caused his/her injury. An example would be if there was something inherently dangerous associated with whatever activity resulted in the accident. However, as a nonsubscriber, an employer cannot escape liability by showing that the activity their employee was engaged in at work was hazardous and that they assumed any potential risk.

Pre-injury waiver of liability
A nonsubscriber cannot make you sign any documentation that is a waiver preventing you from suing them in the event that you are injured on the job. However, courts have ruled that a binding arbitration agreement does not constitute a pre-injury waiver, so you will still be bound to that type of an agreement if your employer has had you sign such documentation. Arbitration agreements essentially operate as a way to resolve disputes without having to get involved in formal court proceedings. If your employer has one of these agreements in place then it may be enforceable so long as it is not unduly harsh on you as the employee.

Negligence of a co-worker
If your employer subscribed to workers’ compensation, then they would be able to avoid being held liable for your damages if your injury was caused by the negligent conduct of another employee in their company. However, as a nonsubscriber, they cannot use this defense regardless of whether or not the accident occurred because of the actions of one of their other employees.

What Defenses can a Nonsubscriber Use?

Unfortunately, there are defenses that a non-subscribing employee can use. There are two primary defenses that are often used by nonsubscribers to avoid liability for their employee’s injuries.

Sole Proximate Cause
As an employee, you must prove that the employer was negligent and that this negligence caused your injury. While a nonsubscriber cannot claim the defense of contributory negligence (discussed above) they can claim that you were the sole cause of your injury. If the employer can show that they were not negligent whatsoever and that the employee was entirely responsible for the accident that occurred then they may be able to avoid liability.

The “Routine Job” Defense
The Texas Supreme Court’s ruling in Great Atlantic & Pacific Tea Co. v. Evans established that negligence on the part of an employer does not exist if the employee is injured while doing the usual and customary tasks associated with the job. Basically, if the conduct that caused the accident is the usual customary activity that all the employees are expected to perform then the employer is not liable. The event that resulted in the accident occurring must be somewhat unusual or pose some abnormal danger.

Our Texas attorneys have won hundreds of work injury cases. Call us today to discuss your case.

While these defenses may seem daunting, they can be easily overcome with the assistance of an attorney that is experienced in personal injury nonsubscriber lawsuits. The attorneys at Our Law Office have represented clients in thousands of personal injury lawsuits and as a result, we have the skill and expertise necessary to ensure that you are able to get the compensation you deserve for your injury.

Our attorneys are dedicated to providing each and every one of our clients with the best representation available. To discuss your potential personal injury lawsuit contact us for a free consultation.

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Nonsubscriber Injury Cases & Comparative Fault

How Contributory Negligence Can Affect Your Nonsubscriber Work Injury Claim

If you’ve been injured on the job, you should be aware that most defendant nonsubscribing employers will attempt to avoid liability for your injuries by arguing that you (the plaintiff) were partially responsible for causing your injuries. This defense is known as “comparative fault,” or “proportionate responsibility.”

However, workplace injury defendants are misled when asserting this defense as all non-subscribing employers automatically waive this defense when one of their employees files a lawsuit against them in Texas. In other words, if an injured employee can prove that his nonsubscribing employer was even marginally responsible for his injuries, his employer will be liable for all of them.

With the gravity of total reasonableness for an employee’s injuries weighing heavily against them, nonsubscribing employers will attempt to avoid the problems caused by waiving the doctrine of comparative fault in numerous ways. However, the two most common, are 1) claiming that you were the sole proximate cause of your injuries or 2) a third, unrelated, party was solely responsible for causing them.

Your Employer Will Claim that Your Negligent Behavior Was the Sole Proximate Cause of Your Injuries

One of the essential elements every workplace injury victim injured while employed by a nonsubscriber must prove to a court is that his injuries were caused by the employer’s negligent actions or failure to act. This element (commonly referred to as “causation”) is divided into two components – “actual” and “proximate” cause. Proximate cause is the more difficult to prove of the two components of causation and essentially requires an injured party to prove that his injuries are reasonably related to the event that caused them. Thus, if your employer can prove that your actions – and your actions alone – were responsible for causing injuries, they will totally avoid liability for causing them.

Attempt to Blame a Third Party

Similarly, your employer will also likely attempt to prove that an unrelated third party was solely responsible for causing your injuries. The arguments they’ll make here are along the vein as discussed in the above paragraph: they will acknowledge that you were injured but will claim that your injuries were not at all contributable to their own negligent or reckless actions.

Our Experienced Workplace Injury Attorneys May be Able to Help You Recover the Compensation You Deserve

To summarize our discussion in this article, Texas law will not prevent workplace accident victims from recovering from their injuries simply because their employer asserts the doctrine of comparative fault. As discussed above, Texas law doesn’t allow responsible nonsubscribing employers to take a “discount” of liability in these cases simply because they claim you were negligent. In other words, Texas injury laws apply an “all or nothing” responsibility to non-subscribing employers.

If you would like more information regarding how comparative fault applies in a nonsubscriber case or a free consultation of how our attorneys might be able to help you recover compensation for your injuries, we invite you to give us a call. Our experienced workplace injury attorneys have represented Texas injury victims for more than 20 years, and are available any time, day or night.

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Personal Injury Lawyers » Nonsubscriber Wrongful Death Cases

Workplace Fatalities and Workers’ Compensation Nonsubscribers

Many people assume that if they are injured at work, workers’ compensation will cover their injuries and that will be the end of it. Many times this is true and no other action is required by the injured party. However, Texas is one of the few states that do not require their employers to subscribe to workers’ compensation insurance programs, leaving individuals who are injured on the job of a nonsubscriber to their own devices for recovery. While the advantage to this is that there may be a bigger recovery at the end of the procedure, the bad thing is that it will require you to have a long path to recovery. The attorneys at Our Law Office want to help you down this path; we have extensive experience in assisting workers injured while working for nonsubscribers and can help you get the recovery that you deserve.

Remedies Against Nonsubscribers

There are several steps on your path to recovery for the death of your loved one from a non-subscribing employer. The first step is to show that the employer was negligent. The employer will likely try to escape liability by claiming that the deceased party was partly at fault for the accident. Common tactics used by employers are claiming that the deceased was contributorily negligent or that they assumed the risk. The attorneys for the employer will try to show that the deceased was at fault in every way possible, or show that they were acting outside the scope of their employment; you need representation that will show the truth and make sure that you are rightfully compensated for the death of your loved one.

Damages From Nonsubscribers

There are two types of damages in a wrongful death case; punitive and remedial. Each of these types of damages has a different distinct reason why they are awarded.

Remedial
Remedial damages are awarded based on the loss that you have suffered as a result of your loved one’s death. The purpose is to try to compensate you for what you would have available if no death had occurred. Factors that are considered when determining the amount of damages are the deceased’s income at the time of death, their future potential earnings, age, and the number of dependents they had.

Punitive
Punitive damages are not damages that are based on your loss; rather they are damages that are awarded with the intention of punishing the wrongful acting party. The intention of punitive damages is to punish the employer for their wrongdoing or culture of wrongdoing. Punitive damages, when awarded are generally large. However, courts tend to shy away from awarding these damages, absent gross negligence or lack of care for human life.

Pre-Injury Waivers

A rather new development when it comes to nonsubscriber protection is pre-injury waivers. The Texas Supreme Court ruled that employees could ask their employees to waive liability if the employer has an alternative program to workers’ compensation. These pre-injury waivers should never be signed without the advice of an attorney. Many times these are used by employers to relieve them of liability and the benefits for the employee are extremely limited. When you sign a waiver you will be giving up all your common law remedies for injury recovery, which includes prohibiting you from filing a lawsuit for recovery of damages for the death of your loved one.

Conclusion

If you have had a loved one injured, you will need the assistance of an experienced attorney that can get you the recovery that you deserve. The attorneys of Our Law Office are here to ensure that you get the maximum amount of damages.

We have over 20 years of personal injury and trial experience under our belt and we can help you through this time of loss. Call us today to schedule your free consultation.

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Medical Errors | Pharmaceutical Negligence | Misdiagnosis | Defective Drugs | Birth Trauma

Modern medicine has become highly specialized. Advances in medical technology often make it increasingly difficult for the average patient to assess a doctor’s recommendations for medicine, treatments, and therapy, then evaluate the quality of care they receive.

The medical profession upholds a standard of care that healthcare practitioners are obligated to meet. When doctors, nurses, chiropractors, and other healthcare professionals fail to meet industry standards, they are subject to allegations of medical malpractice.

What is Medical Malpractice?
Medical malpractice is an area of personal injury law that covers any injury or harm a patient suffers because a doctor, nurse, psychologist, or other medical practitioner failed to perform his duties according to acceptable medical practices.

Medical malpractice occurs when a negligent act or omission by a medical professional results in damage or harm to a patient; and laws governing medical negligence or liability are designed to protect patients’ rights to pursue compensation if they are injured.

Liability for medical malpractice can arise from:

A delay or failure in diagnosing a disease
A surgical or anesthesia-related mishap occurs during an operative procedure
A doctor’s failure to gain informed consent from a patient for an operation or surgical procedure
A physician making a correct diagnosis, but failing to properly treat the injury or illness
An incorrect prescription
Improper drug prescription for, or surgical insertion of, a medical device or implant

A medical malpractice case can be filed against:

The doctor, if his actions deviated from generally accepted standards of practice
The hospital, for problems such as improper care, inadequate training, poor sanitation, or dispensing of incorrect medications.
Local, state or federal agencies that operate hospital facilities

As with all personal injury cases, state law limits the time during which legal action must take place. Lawsuits filed against healthcare providers must be filed within two years of the date that the act causing the injury occurred. Children under 18 must file a medical malpractice action by their 20th birthday.

In order to evaluate if you have been a victim of medical negligence, you will need an experienced lawyer particularly skilled in representing medical malpractice cases.

The experience of our Law Office enables us to effectively handle medical malpractice claims. Our firm has access to private investigators and medically trained expert witnesses who can assess medical malpractice cases and determine if the harm you suffered was created by the medical professional’s negligence.

Contact Us for Legal Help
If you believe you have a medical malpractice claim, it is important to consult with an attorney as soon as possible to help you determine your best options. When you need legal advice and guidance regarding medical negligence, please contact our office to take advantage of our no cost, no-obligation case evaluation and learn how we can help.

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Trucking accidents pose slightly different issues than auto accidents. A fully loaded tractor-trailer can weigh as much as 80,000 pounds. Because the majority of tractor-trailers travel on interstate highways, at high speeds, with vehicles such as your car or SUV that are significantly smaller, a car-truck accident typically involves more damage, more serious injuries and a greater likelihood of permanent disability or death. Given the great disparity of size and weight, collisions between an 18-wheeler and the average passenger car, truck, or SUV result in a high incidence of serious injuries and death. Additionally, many of the larger trucking companies are self-insured, meaning they are much more reluctant to discuss fair settlement offers because the money is coming out of their own pocket, not from an insurance company.

When tractor-trailer accidents occur, trucking company representatives frequently arrive at the scene shortly after the crash, and start gathering evidence to protect the interests of their company. Company representatives will debrief the truck driver. The truck will be retrieved by the company; its data recorders will be “reset” and global tracking devices will be cleared or erased so that crucial evidence such as truck speed, braking, and hours of operation prior to the crash are lost.

If you are involved in an accident, trucking company or insurance representatives may try to get you to give them a statement, which they typically record. Other than providing an investigating law enforcement officer with the required information, such as your name, address, and how the accident happened, do not talk to anyone else, even your own insurance company, until you have consulted an attorney. Because trucking accidents typically involve multiple vehicles, more than one party may be liable for damages, and several insurance companies will be involved. Our Personal Injury Firm is experienced at unraveling the complications and chain of events leading to the accident, which include an in-depth investigation of the accident scene, obtaining witness statements, photos of the accident scene and your injuries, as well as background research on the truck driver’s driving records, travel logs, and trucking company policies. Our attorneys will take every step necessary to obtain compensation for your medical costs, rehabilitation, pain, and suffering. If you are injured or a family member dies from injuries sustained in a trucking accident, you will need an attorney experienced in trucking accident litigation to help you pursue recovery of damages for the harm you suffered.

Our Expertise
Our Firm represents clients who have been injured or who have lost a loved one in a trucking accident. With extensive experience in dealing with tractor-trailer collisions, we work to aggressively pursue the compensation our clients deserve.

For A Free Case Evaluation Call Our Office Today
We take personal injury cases on a contingency basis, which means you do not owe us a fee, unless we recover damages on your behalf. Feel free to call to schedule an appointment for a no-cost, no-obligation consultation to discuss how our experience in personal injury law can benefit you. If your injuries prevent you from traveling, home and hospital visits are available.

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Legal Terms – Glossary

acquittal – What an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.
arraignment – To bring a criminal defendant before the court, at which time the charges are presented to him/her, the opportunity to enter a plea is given, a determination of whether the party has a lawyer is made (or whether a lawyer needs to be appointed), if necessary set the amount of bail, and future appearances are scheduled.
arrest – To take or hold a suspected criminal with legal authority, as by a law enforcement officer.
bail – The money or bond put up to secure the release of a person who has been charged with a crime. The theory is that bail guarantees the appearance of the defendant in court when required.

booking – Procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register.

change of venue – The transfer of a case from one county or jurisdiction to another for trial.

circumstantial evidence – Evidence in a trial that is not directly from an eyewitness or participant and requires some reasoning to prove a fact.

complaint – The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.

concurrent – “Concurrent sentences,” in which the prison time for more than one crime is served at the same time and only lasts as long as the longest term.

consecutive – “Consecutive sentences,” in which the terms for several crimes are served one after another.

conviction – The result of a criminal trial in which the defendant has been found guilty of a crime.

crime – A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties.

cross-examination – The opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party.

defendant – The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

defense attorney – The attorney representing the defendant in a lawsuit or criminal prosecution.

deposition – The taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial.

direct examination – The first questioning of a witness during a trial or deposition.

disposition – The court’s final determination of a lawsuit or criminal charge.

duces tecum (dooh-kess-take-uhm) – A court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. Failure to respond to a subpoena duces tecum may subject the party served with the subpoena to punishment for contempt of court for disobeying a court order.

evidence – Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs, and depositions (testimony under oath taken before trial). It also includes so-called “circumstantial evidence” which is intended to create belief by showing surrounding circumstances that logically lead to a conclusion of fact.

exclusionary rule – The rule that excludes, from the trial of the accused, evidence illegally seized or obtained.

felony – A crime sufficiently serious to be punishable by death or a term in state or federal prison.

grand jury – A jury, usually composed of from twelve to twenty-three members, that determines whether or not a suspect should be charged with an offense.

hearsay – Second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.

indictment – A written accusation filed against the defendant, voted on by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the prosecutor and signed by the Grand Jury Foreperson. To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried.

information – An accusation or criminal charge brought by the prosecutor without a Grand Jury indictment. This “information” must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment).

misdemeanor – A lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state or federal prison term. They are tried in the lowest local court such as municipal, police or justice courts.

motion for mistrial – A motion filed by the defense seeking dismissal of the charges because of improper conduct on the part of the prosecution, judge, jury, or witnesses during a trial.

parole – The release of a convicted criminal defendant from imprisonment, but not from legal custody, for rehabilitation outside of prison under such conditions and provisions for supervision as the Board of Probation and Parole may determine. Parole is an administrative act and follows incarceration.

plea bargaining – In criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant.

plea of guilty – An admission of guilty in open court.

preliminary hearing – In criminal law, a hearing to determine if a person charged with a felony, should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.

pre-sentence investigation (SAR) – A report prepared by the Board of Probation and Parole detailing the facts of the offense, the defendant’s prior record, social history, and other pertinent information to assist the court in sentencing the defendant.

probable cause – Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.

probation – A chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison. Probation is only given under specific court-ordered terms, such as performing public service work, staying away from liquor, paying a fine, maintaining good behavior, getting mental therapy, and reporting regularly to a probation officer. Violation of probation terms may result in the person being subjected to the original sentence disposition.

prosecutor – Generic term for the government’s attorney in a criminal case, including Prosecuting Attorney, District Attorney, States Attorney, U.S. Attorney, Attorney General, Solicitor General, or special prosecutor.

public defender – An elected or appointed public official (usually of a county), who is an attorney regularly assigned by the courts to defend people accused of crimes who cannot afford a private attorney.

release on own recognizance (ROR) – The basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant’s own promise to appear and his/her reputation.

sentence – The punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge’s decision if there is no jury) within the possible punishments set by state law).

subpoena – An order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a “subpoena duces tecum failure to appear as required by the subpoena can be punished as contempt of court if it appears the absence was intentional or without cause.

summons – An official order notifying the person named that she/he is required to appear in court on a day named and answer the complaint stated in the summons.

suspended execution of sentence – A disposition where the defendant receives an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the defendant’s sentence being ordered served.

suspended imposition of sentence – A disposition where the defendant does not receive an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the court imposing a sentence on the defendant and ordering it served.

verdict – The decision of a jury or judge after a trial.

voir dire – The questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; an occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case.

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We are a network of personal injury attorneys who represent victims of serious motorcycle accidents. Several of our lawyers are experienced motorcycle riders and know the unique perils and prejudices facing each motorcycle driver. We know that there is a high incidence of people pulling out in front of motorcycles without regard to their safety. At times motorcycles seem to be unnoticed until an accident occurs. This year thousands of Americans will be injured in motorcycle accidents caused by someone else’s negligence. Serious motorcycle accident injuries account for a disproportionately high percentage of all accidents on the road.

Many of these victims will need medical attention, and lose time on their jobs. Others will experience financial hardships as insurance companies fail to cover medical and lost wage on most motorcycle riders. Some injuries will be permanent, debilitating injuries. For some motorcycle accident injury victims, the future medical prognosis and employment status will be clouded by traumatic brain injury or a closed head injury.

Whether you are a passenger or a motorcycle driver, we can help you get fully compensated for your personal injuries. For years our attorneys have successfully handled motorcycle accident claims and recovered millions of dollars for clients. We have access to the best motorcycle accident experts to prove your injury claim.. Knowledge of what to do at the scene and immediately after the accident can make a huge difference and greatly improve your likelihood of a successful financial recovery. If you or someone you know has been in a motorcycle accident, we also offer free online consultation . We can help you. Put us on your side.

Don’t forget to check out our motorcycle accident links. Please contact us to ask a lawyer about your rights to injury compensation. Thank you for visiting the Car Accident Lawyers Network.

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Thousands of Americans will be injured in car crash accidents this year. Many of these victims will need medical attention. Other car crash victims will experience financial hardships as they wait for insurance companies to reimburse lost wages and mounting medical expenses.

Some car crash injuries will be permanent, debilitating injuries. The average car crash victim trying to settle a claim is overmatched by the highly trained insurance adjuster and will receive much less than attorney-assisted recoveries for car accident injuries.

Whether you are a pedestrian, a passenger, or a car operator, our car crash lawyer referral network can help you get adequate compensation for your personal injuries. Our national network of experienced car and motorcycle crash attorneys know the complexities of insurance laws and will obtain for you every available benefit that the car insurance policy provides. Our car crash lawyers are familiar with all aspects of bodily injury claims and know how to prepare your case to maximize your financial recovery.

We will promptly investigate and determine the amount of insurance of the person who caused the car crash. Our lawyers have successfully handled hundreds of car and truck accident claims and recovered millions of dollars for our clients. Our network attorneys have experience and expertise in processing medical and wage claims for you.

Whether you were in a car accident caused by a drunk driver or someone talking on a cell phone who was not paying attention, we will promptly gather information to help establish liability on your behalf. Our lawyers have access to the best car accident reconstruction experts in the country.

We can help you. Put us on your side. Contact us to find out how to increase the value of your serious car accident case.

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When someone hurts you through recklessness or negligence, you may be entitled to compensation, per personal injury laws. Our Law Firm will help in this regard, so that you can protect yourself and seek relief.

Our attorneys handle personal injury cases of all sorts, including vehicle wrecks, slip and fall accidents and dog bites. The basis of these cases is that a person seeks damages when an individual, company, or organization causes or contributes to their harm. Our role in this process is to prove negligence, in accordance with personal injury laws.

When taking your case to court, the focus is on ensuring that you receive monetary compensation for your injury and damages. To do this, Our Law Office will try to prove liability by the defendant. While the majority of personal injury cases are settled outside of court, as experienced litigation attorneys, we will represent you in court, should the parties fail to reach an agreement.

If you need help with a Personal Injury Case, please contact our office for a free consultation.

Wrongful Death Cases

Wrongful death cases are those in which a person’s life is taken, due to an accident or the negligence of someone else. The compensation garnered from these cases can pay for funeral expenses, loss of potential income, pain and suffering and other types of situations. Our Law Firm can try these cases on behalf of the surviving family.

Car Accidents

Vehicle wrecks are some of the most common personal injury cases taken to court. When trying these cases, attorneys must prove that the other driver was responsible for the wreck. In these situations, it’s best to seek the help of our attorneys so that we can help protect your interests. We will acquire and review police reports and accident records, comb through the statements of witnesses and gather all relevant information needed to prove that you were not responsible for the accident, and you should be compensated for your injury and damages, if any.

Dog Bites

When a person owns a dog, they are responsible for making sure the dog behaves and doesn’t cause harm to another individual. If the dog leaves the physical custody of the owner and bites another person, the owner might be responsible for paying for any damages suffered. However, though many people feel that the dog owner is always responsible, this may not be the case. Get in touch with our office to learn more about proving fault in dog bite cases.

Slip and Fall Cases

A substantial number of personal injury cases result from slip and falls. When a person is walking on a surface that is slippery, damaged or otherwise not stable and is injured, he or she may be entitled to compensation for medical bills and other damages.

If you need help with a slip and fall case, please contact our office for a free consultation.

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Auto accidents, though unfortunate, are pretty common. It is often opined that the term accident is not quite appropriate as over ninety percent of auto accidents are caused by negligence on the part of the drivers. The severity of auto accidents determine the legal consequences that are to follow subsequently. All the common law jurisdictions impose some sort of requirement that the parties involved in any collision/accident must stop at the scene even though the collision may involve only stationary property. The parties concerned are to stop at the scene and exchange insurance or identification information or summon the police. The failure to comply with such requirements leads to the incident being termed as hit and run and is a criminal offense.

It may be noted that most car claims are settled without involving an attorney. The parties involved in an auto accident can be facing criminal liability or civil liability or even both. The state may also start a prosecution in certain cases like when someone is severely injured or killed or when one of the drivers involved has been proven beyond doubt to be grossly negligent or intoxicated or impaired otherwise during the occurrence of the auto accident.

The right course of action in keeping with legal safeguards should be-

o Staying at the scene of the auto accident until the police confirms that you can leave the scene. Leaving the scene of an accident beforehand may affect the driver’s license sanctions and even lead to criminal charges being framed.

o If some person(s) were injured as a result of the auto accident, then you may try and help if you are trained in administering first aid. However, the injured person must not be moved and the police are to be called up and the accident reported together with mention of the number of people injured. This will help provide enough emergency personnel to be attending to the scene. In case the accident takes place on the roadway, then the flashers are to be turned on or flares used for warning approaching traffic of the accident.

Important information including the other driver’s name and other details are to be taken down together with details of witnesses, police officers (for facilitating and procuring of accident report), location of place of accident, and events leading to the auto accident. You should be careful not to admit fault or liability as there may be factors you are unaware of that have led to the accident being caused. It may become quite evident that the other driver or person concerned was actually more at fault.

It is to be remembered that it is unnecessary to make statements to any person at the auto accident scene. Statements are to be made only to the police. Simply relating the facts to the police will be enough as they can draw their own conclusions from the facts that become apparent.

It is crucial to seek medical care and attention as soon as possible. It is important that you immediately obtain medical care from doctors, otherwise, you may not be able to obtain benefits for your injuries.

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Vehicle accidents are common and these can happen to all drivers, so pretty much all people who place themselves behind the wheel have grown to take this risk. There are basic requirements that need to be addressed when a car accident happens and these are not affected by either the presence or the absence of injuries. Court cases in relation to vehicular articles are best handled by lawyers who have taken the time to study the ins and outs of accident law.

A car accident law exists in order to help people address the possible concerns or issues that can arise from the onset of vehicle accidents. Even cautious drivers themselves can be placed in the middle of a vehicle accident. The article below contains a series of steps that any person can use when this accident happens whether he or she is simply the witness or the driver.

Car accident law specifies that anybody who finds themselves involved in a car accident should not go anywhere without the permission of proper authorities that are present at the site. This is very important especially when the driver gets involved in an accident resulting in substantial property damage. Leaving or fleeing from the scene of an accident can easily get punished by suspension of the driver’s license or even lead to criminal charges.

Car accident law also pertains to the safeguarding of the injured wherein the question of who is at fault for the accident should temporarily be set aside. First aid should be given to any injured person involved in an accident and as much as possible they should not be moved until the proper medical team arrives. In addition, if the driver is unable to do so then someone should immediately report the accident to the police.

Car accident law mentions that there are accidents that lead to a series of injuries to the people involved thus there is a need for people assisting in the accident to know if any injuries have indeed occurred. Each injured individual needs proper medical attention and by telling authorities this will make sure adequate supplies are brought to the scene. Whenever a driver is in an accident while on the road, then attracting the attention of passing traffic using flashers, flares or other similar devices is essential.

For any kind of vehicle accident, car accident law tells about how people should be mindful of the events that occurred. It is necessary to have information pertaining to a driver’s personal data plus the license plate number and insurance policies. Drivers should be mindful of other people who might have seen the incident happen as well as the authorities who assisted later on.

According to car accident law, drivers should not admit fault right away as opposed to taking the blame for everything. The accident may easily be attributed to a different cause far from the actions done by the driver of the vehicle. Do not make any statement to anyone on the scene but the police and allow them to draw their conclusions with the facts provided in the testimony.

It is necessary to address car accident injuries with urgency regardless of the details of the accident that ensued. When a person attains medical assistance after a car accident he or she can rest assured that a comprehensive insurance policy should shoulder their medical expenses given that they do have insurance. Even more, a person cannot expect to change the decision of an independent insurance company with the accident law.

The car accident law advises people to get insurance for instances such as these. A driver who does not seek immediate medical help might have no case against another driver when the concern of injuries takes them to court. If a driver follows this advice he or she shouldn’t have any problems with the law or insurance companies.

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“Should I hire an attorney after I’ve been in a car accident?”

One of the emotions most people describe after they’ve been in a car accident is confusion. They don’t know what they should do, they’re not sure if they’ve taken the proper steps to protect themselves, and they don’t know if their case is something they should talk about with an attorney. Perhaps you can relate to these feelings and you’ve had similar thoughts. Thoughts like:

When you get hit by a car, what happens? Should you immediately call an attorney?
How long after getting hit by a car can you sue?
What kind of lawyer helps people with car accident cases?
I got hit by a car. Can I file a lawsuit?
I got hit by a car, but I only got the car’s license plate number. Is that enough?
If any of these questions sound familiar to you, you’re in the right place. In this section, we’re going to talk about the importance of contacting an attorney after you’ve been in a car accident.

Representing Yourself

At first, it might seem like it’s a good idea to represent yourself in your car accident case. After all, you’re sure that hiring a lawyer to represent you is very expensive, and you’re not prepared to pay a high price for legal help. You may even do a quick search engine search and find out everything you need to know to get started. The problem is that insurance companies rarely work well with individuals, and they often try to manipulate the situation so that they end up not being held responsible at all. It’s also a lot of work to represent yourself in a car accident case, and it’s difficult to get the quick results you desire.

Hiring an Attorney

When you work with an attorney for your case, the first thing you discover is that lawyers are not as expensive as you probably thought. Many of them work on contingency fees, which means you don’t pay anything upfront to get their services. They will meet with you for a free consultation and then if they decide to take your case, they get paid only when and if you get paid. Your attorney will immediately compile all of the information that’s necessary to put together a strong case against the insurance company, which sometimes involves doing quite a bit of legwork. It can take some time, but insurance companies tend to take attorneys seriously, so they work much faster with them than they do with individuals. Once you’re offered a settlement, your lawyer will consider it and ask you to do the same. You’ll decide together if you think it’s fair and then you’ll either accept it or reject it and ask for more. That step is difficult to do when you’re working on your own because you don’t really know what’s fair and what’s not.

A qualified car accident attorney who has worked with other clients for their car accident cases is your best bet if you want to get a fair settlement. You don’t have to fight this fight alone. Contact us and start working with a lawyer who can fight to get you the compensation you deserve.

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“I was just in a car accident and I need an attorney. What is the initial consultation going to be like?”

If you’ve recently been in a car accident and you’ve decided to hire an attorney to represent you as you pursue a settlement, your first meeting with him is what’s known as your initial consultation. That’s when you’ll talk about everything that happened and present your evidence for your case; or as much evidence as you have, anyway.

Many people are nervous about this initial meeting because they’re not sure what to expect. Perhaps you’re feeling the same way, and you have a lot of questions, such as:

How much can you get for being the victim in a car accident?
If I go to the ER after a car accident, is the bill covered?
Is hiring an attorney after a car accident really necessary?
I hurt my back in a car accident. When do I get paid?
How long after a car accident can you sue?
Your initial consultation with your attorney will answer all of these questions for you, as well as some that haven’t even entered your mind right now. Let’s talk about what you can expect the first time you sit down with your lawyer.

Your Story

The very first thing your lawyer is going to want to know is your side of the story. Keep in mind that he may have had the time to contact the other driver’s insurance company to hear their side of the story; especially if you waited a long time to get in to see him. Make sure you tell him the entire truth of what happened. If you’re not certain about something that you think happened, say it. He may be able to talk to a witness who can validate what you’re saying, or he may need to find proof through another method. Give as many details as you can remember. He’ll be taking notes and he’ll want to refer back to those notes later on.

Your Documentation

Secondly, he will want to see any documentation you may have on the accident. He’ll need the police report and if you had the chance to interview any witnesses, he’ll need to see those recordings or transcripts as well. It’s important to bring your medical bills and your proof of your loss of income to this first meeting too. If your lawyer needs any additional supporting documentation, he’ll ask you for it. He may even obtain it himself if he thinks he can do it a little easier than you can. The more documentation you can give him, the more evidence he’ll have to support your case.

The Plan

When you leave, your lawyer will decide whether or not he’s going to take your case. In most instances, lawyers are eager to take on car accident cases when the victim is clearly not at fault. Most likely, he will agree to work with you. He’ll let you know when he’d like to talk with you again, and he’ll give you an idea of what his next moves are. You may even get a sample car accident timeline so that you can tell what to expect in the coming weeks or months as he works on your case.

The Follow-Up

Once some time has passed and your lawyer has heard back from the insurance company, he may ask you to come in and talk about their proposed settlement. Be prepared. It might not be a number you’re happy with, and your lawyer might not be happy with it either. However, it’s his duty to let you know what they have offered to you. Together you’ll decide whether to accept it or to reject it and ask for additional money.

When you meet with your lawyer the first time, you won’t have to pay him anything for the consultation. You also won’t have to pay him to start working on your case. He gets paid when and if you get paid.

If you’ve been in a car accident, your lawyer will fight hard to get you the compensation you deserve. If you’d like more information about how an attorney can help you, please contact us.

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“Do I need to hire a lawyer after a car accident, or can I represent myself and still get a good settlement?”

When you think about hiring a lawyer after you’ve been in a car accident, the first thing that probably comes to your mind is feeling concerned about the cost. You certainly don’t have a lot of money to pay for an expensive attorney, and your injuries and the damage that has been done to your car should be evidence enough to bring you a settlement, right?

Perhaps you’re thinking:

My car accident wasn’t that bad, but I was injured a little. Do I need a lawyer?
I feel fine after my car accident. Is it really necessary to hire an attorney?
What can a lawyer do for me after my car accident?
I can’t afford a car accident lawyer. Is representing myself an alternative?
Will I get a car accident settlement if I act as my own lawyer?
These questions are all very typical for someone in your situation. In this section, we’re going to talk a little bit about what you’ll experience if you decide to represent yourself versus what you’ll experience if you hire a lawyer for your car accident case.

Representing Yourself

You were pretty busy before you got into your car accident, but now that you’ve been injured, you have even more on your plate. You also have fewer resources to accomplish everything you need to do. You may have had to take some time off from work, so you’re missing out on some much-needed income. You probably don’t have a vehicle either, which places a huge burden on you and on your family. Representing yourself in your car accident case is an even bigger burden because it will be up to you to prove why you deserve a settlement. Insurance companies often take advantage of people who represent themselves in car accident cases because they know that you don’t know everything there is to know about the law. You might not realize that you qualify for money for pain and suffering, or you might not know you can get money to compensate you because you were unable to accept a new position at work due to your injuries. These are only a few of the details that go into creating your car accident settlement, and if you’re not aware of them or if you don’t ask for them, you lose out on that money. It’s also much easier for insurance companies to manipulate individuals into accepting the blame for an accident that wasn’t their fault. If you do that, you won’t get a settlement at all.

Hiring a Lawyer

Hiring a lawyer offers you every possible advantage you can think of for your car accident case. Your lawyer will take over your case and make sure you have a strong position to fight for a fair settlement. He will compile all of the evidence and even do extra work to get more information if it’s necessary. Your lawyer will work very hard on your behalf, and he only gets paid when and if you get a settlement. That means you won’t have to pay him any money upfront.

It is certainly in your best interest to hire a lawyer for your car accident case. Doing so gives you the best chance of getting a fair settlement. If you would like to talk with a lawyer about your case, please contact us.

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“Do I really need a lawyer to represent me in my car accident case?”

In your opinion, your car accident case is really kind of cut and dried. Yes, you were injured, but your injuries were fairly minor. You missed a little time from work and your car needs to be repaired. It’s not like you were forced onto disability or anything. You’re probably thinking:

Shouldn’t I be able to handle your accident case on my own?
What can a lawyer do for my car accident case that I can’t do myself?
Is hiring a lawyer for my car accident case really necessary?
I was in a car accident and I have a lot of medical bills. Should I bother hiring a lawyer?
I had a car accident a few weeks ago, but it was minor. How would a lawyer help me?
The problem is that there is so much that goes into putting together a successful car accident case that results in a fair settlement. A lawyer can facilitate all of that for you, but there are many other reasons you should choose to have a lawyer fighting for your case too.

Car Accident Law

Regardless of how much time you spend doing research on your own, you’ll never understand car accident law the way your lawyer does. That’s because he has spent time studying car accident law. He knows exactly what you’re qualified for and what you’re not qualified for. He is your best asset when it comes to getting you a settlement because every case is different. It’s impossible to believe you can find out what you need to know from a quick search on the Internet. Your case is going to be different from someone else’s case, which makes a basic overview very unhelpful at best.

Authority

The most important trait your lawyer possesses is authority, and the car insurance company you’re fighting against knows that. It’s possible that the insurance adjuster has even worked with your lawyer in the past, so they may even know what to expect when he contacts them. You need his authority just as much as you need his expertise in this field because authority translates into respect. The insurance adjuster will know that your lawyer knows what you’re entitled to and you’re not only going to see that this translates into a quicker review process for you, but it will also translate into more money for your settlement.

Experience

In addition to your lawyer’s knowledge and authority, you will also need his experience. He’s probably worked with hundreds, if not thousands of car accident cases. That means he’s seen just about everything. He knows the various pieces of the puzzle that he will need to put together to present a strong argument to the insurance company. Only experience will provide you with an excellent case that dots all of the I’s and crosses all of the t’s. You don’t want to waste time and you need his experience to get the job done.

If you’ve recently been in a car accident, you deserve justice for what happened. Whether your accident was major or minor, a lawyer can help you get the best possible settlement from the other driver’s insurance company.

If you would like to talk with a lawyer, please contact us today.

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“I have so many questions since my car accident. Who can give me the answers I need?”

When you’ve been in a car accident, it’s normal to have a myriad of questions; especially if this is your first accident and you’ve never experienced anything like this before. Fortunately, you’re in the right place to find the answers you need.

To help you, we’ve put together a list of some of the most frequently asked questions we hear regarding car accidents. Hopefully, these answers will serve as informational for you as you decide what you’re going to do after your car accident has occurred.

What should I do first after my car accident?

The first thing you should do after your car accident is call 911. You need to report the accident to the police and you or the other driver might need medical attention. If you’re physically unable to call or you don’t have your cell phone with you, perhaps a witness who saw what happened can call for you.

Should I go to the ER after a car accident?

It’s possible that the paramedics will arrive on the scene of your accident if it’s necessary. They will assess you right there to make sure you’re OK or to recommend additional treatment for you at an area hospital. If they release you, it’s still a good idea to go to the doctor or to your local emergency room for a more in-depth assessment. Some injuries don’t surface right away and your health is very important. Get the medical treatment you need before you worry about anything else.

I’ve been in a car accident and it wasn’t my fault. Can I sue?

If you’re in a car accident and it wasn’t your fault, you absolutely have the right to sue for your injuries as well as for any damage to your vehicle. If your car was totaled, you have the right to sue for car replacement. Rather than take on your own case, it’s best to contact an attorney who can help you. He will know exactly how to proceed once he hears your story and reviews the evidence for your case.

Who pays for my car repairs after an accident if I was a victim?

If you’re the victim in a car accident, it is the other driver’s insurance company’s responsibility to pay for your car repairs. You may need to get one or two estimates, but you should be able to choose the shops you go to for them. In the same way, if your car was totaled, you have the right to sue for car replacement based on the value of your car.

Do I really need to hire a lawyer for my car accident case?

Some people do handle their own car accident cases, but unfortunately, it rarely turns out well for them. That’s because they lack the knowledge and expertise they need to pursue the case correctly. A lawyer who has experience in car accident law will be your best asset in your case. He understands what needs to be done, and he knows how to go about getting you a fair settlement.

How long do I need to wait to find out about a car accident settlement?

Once you sit down with your lawyer for your initial consultation, it might take a few months for you to get a settlement, but every case is different. If yours is more complicated and you still require extensive medical treatments, it might take longer. Your lawyer will go over all of the details of your case with you so that you know what to expect for your case.

Are car accident lawyers expensive?

The best thing about hiring a car accident lawyer for your case is that you don’t have to pay anything upfront in most cases. Your lawyer will work on a contingency fee, which means he only gets paid if and when you get a settlement for your case. He will generally take a percentage of your settlement money, which will be right around 30%.

My car accident was a few months ago, but now I’m in pain. Can a lawyer help me?

Even if a few months have passed since your accident, it’s not too late to get in touch with a lawyer to talk about suing the other driver’s insurance company. In fact, this type of situation happens all the time because many people do feel fine right after an accident. However, injuries don’t often become apparent until a few weeks or months later. Contact a lawyer and get started on your case, even if it’s been a few months since the accident happened.

If I’m injured in a car accident, who pays my medical bills?

If you’re injured in a car accident case, the other driver’s insurance company is responsible for paying your medical bills. You should not need to submit anything to your insurance company, and everything should be covered 100% as a part of your settlement.

What evidence do I need for my car accident case?

You will need many different pieces of evidence for your car accident case if it’s going to be successful. You’ll need to present your lawyer with the police report, your statement of lost wages, your medical bills, and any other documentation you might have that supports your story.

These are just a few of the questions we hear most often. You might have many others, and those questions deserve answers. Your lawyer will be happy to answer all of them for you, and he’ll work hard to get you compensated for your car accident.

If you would like to connect with a car accident lawyer, please contact us.

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“I was in a car accident that wasn’t my fault…or was it?”

Determining who was at fault is a major part of any car accident case. If you’re dealing with the aftermath of a car accident yourself, then you understand how important it is to maintain your stance that the accident was not caused by you. Even so, it can be difficult to maintain that stance when the other driver’s insurance company is pressuring you to admit that you did something wrong. You might even be thinking:

I had a car accident and I don’t think I did anything wrong, but I’m not sure.
I was hurt in a car accident that wasn’t my fault, but I can’t remember exactly how it happened.
I’ve been in a car accident and I’m being pressured to admit fault. What do I do?
Should I hire a lawyer for my car accident if it wasn’t my fault?
If I’m hurt after a car accident, what grounds do I have to sue?
Fortunately you’re in the right place to get the support you need for your car accident. Let’s talk a little bit about what it means to be at fault. and what you can expect from the other driver and his insurance company.

Fault Explained

When you’re at fault after a car accident, it basically means that something you did caused the accident to happen. No one wants to admit fault because that means that person’s insurance company will have to pay for the damages and injuries that resulted from the car accident. When that happens, in most cases, the driver experiences an increase in his insurance rates. It also means the driver most likely will get a ticket from the police officer who filled out the police report at the scene. Tickets translate into points on your license.

In short, being at fault for your car accident is not a good thing, which is why it’s important for you to maintain your story that the accident was not your fault when you know you’re innocent.

The Other Driver

In most cases, the other driver is going to be very angry about the accident. He probably immediately started to panic because he knew he would be getting into a lot of trouble. He may have even tried to blame the accident on you in an attempt to twist the story around. Some people are really good at manipulating and, believe it or not, they’re able to convince the other driver that they were to blame for the accident.

The Other Insurance Company

In the same way, the other driver’s insurance company also can cause you a lot of headaches after a car accident. They stand to lose a lot of money if your car accident case is successful, and they do not want to pay you a settlement. It’s not uncommon for insurance companies to try and contact victims for the purpose of getting them to admit they did something wrong. They’ll even record conversations so that they have proof. If you’re in a situation where the other driver’s insurance company tries to contact you, the best thing you can do is refer them to your attorney and hang up the phone.

Having an attorney on your side is the best thing you can do for yourself after a car accident. Your attorney will protect you at all times and he will guide you every step of the way so you know what to do. If you’d like to talk with an attorney about your case, please contact us.

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“I was in a car accident and I don’t know what to do. Can someone help me with the first steps?”

Every moment is crucial after a car accident has taken place. You need to know what you should do so that you can protect the integrity of your case. Knowing the proper first steps to take right after the accident happens will save you a lot of headaches later on. Right now you probably have plenty of questions and thoughts plaguing your mind. Things like:

If my car accident wasn’t my fault, can I sue?
I just had a car accident. What do I do if the other driver tries to blame me?
Should I hire a lawyer for a car accident case?
How much will my car accident settlement worth?
When you’re hurt in a car accident can you go to the doctor?
Hopefully this page will offer you plenty of helpful information that will serve as a guide for you over the next few weeks and/or months.

Call 911 – It might seem to be self-explanatory, but sometimes people are in so much shock, it never occurs to them to contact 911 to report their accidents. Perhaps the accident was a minor one and the other driver talked them out of reporting it, or maybe the other driver even possibly offered to simply pay for the damage that was caused in an effort to avoid involving the police. Regardless of what happened that caused your car accident, calling 911 is a very important first step that should never be skipped. You may need to be checked out by paramedics for any injuries. You should also talk with a police officer about what happened so that you can get a police report filed. Don’t let anyone talk you out of calling 911 if you’re in an accident.

Get Medical Attention – You need to be seen by a doctor after a car accident. It’s possible that the paramedics will come to the scene and assess you. They may decide to take you to the local hospital in an ambulance. Even if you feel fine, don’t resist them. Go along with them and get the treatment you need. They may notice something that just isn’t right, or they might simply be erring on the side of caution. They may even tell you that you seem to be OK and not recommend any other treatment for you. If that’s the case, either make an appointment with your own medical doctor and ask to be seen right away, or go to your local emergency room. It never hurts to be sure, and it’s always a good idea to have documented proof of any injuries.

Take Pictures – If it’s possible for you to take pictures, do it. You need pictures of any damage to your car as well as the damage that was done to the other driver’s car. You should also try to take pictures of any injuries you sustain during the accident. Your cell phone camera will work fine, but if you don’t have one with you or it gets damaged, you can try to ask a witness to take pictures and email them to you. Pictures are very useful pieces of evidence, and if you decide to pursue a legal case against the other driver’s insurance company, you’ll be glad you have them.
Talk with a Lawyer – Many people attempt to take on their own car accident cases, but they do so to their own detriment most of the time. The truth is that insurance companies rarely take individuals seriously because they know that, for the most part, they don’t know much about car accident law. They don’t know how much they’re entitled to in a settlement, and they don’t know what factors into coming up with an amount for a settlement. A lawyer offers you the best opportunity for a fair settlement for your case.
If you are careful to follow these four steps, your lawyer will tell you how you should proceed after he talks with you. Of course, every case is going to be different, and what’s true for you might not be true for someone else. In the same way, the things that affect the amount of your settlement are going to be different from someone else too.

Regardless, you should always talk with a lawyer after you’ve been in a car accident. If you’d like to get started on your case, please contact us.

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Everyone knows what the term “lemon” means in the automobile context – it’s a car that turns out to be a piece of you-know-what shortly after you buy it. No big deal, though – you just take it back to the seller and they have to take it back and refund your money, right? ‘Cause there’s this thing called a Lemon Law, right?

WRONG. (Well, most of the time.)

Is your car more than two years old?
Is it used, meaning someone else owned it before you?
Does it have more than 12,000 miles on it?
If you answered yes to any of these questions, then, unfortunately, Lemon Law does not apply to you. The term “Lemon Law” actually refers to the “New Motor Vehicle Warranty Act.” The law only applies to new vehicles less than two years old, with under 12,000 miles on the odometer. And it only applies to the original owner – no used cars allowed.

Seems backward, right? After all, used cars are much more likely to have mechanical problems!

Doesn’t matter. The Lemon Law is geared more toward manufacturing defects in new cars that can’t be fixed after several attempts – not the clunkers sold by shady used car dealers.

Do you know how many times that car you’re buying has been wrecked? The used car salesman may not tell you…
So what rights DO you have when buying a used car? Well, that depends on whom you ask. According to the disclosures you sign at most used car lots, you are taking the car “AS IS.” According to them, this means that if the steering wheel comes off in your hand after you leave the lot and pull out on the street, too bad. That’s your problem.

But this isn’t always entirely true. Even used car dealers have to inspect vehicles before they put them on the lot for sale, and they can’t lie about or cover up a dangerous condition. So, many times, the question then comes down to whether they performed a reasonable inspection, whether they knew about any problems, and whether you can prove that knowledge.

This can be hard to prove. And the more time that has passed between the date of purchase and the date that the engine starts smoking, the harder it becomes to show that the condition existed when you bought the car.

My advice?

If possible, don’t buy from a used car dealer. At the very least, check out their reputation around town. Some are better than others. Some are blood-sucking vultures who will high-five each other as you drive away dragging a muffler in a cloud of smoke. I think private sellers tend to be more honest about problems with the car, and at least you will save a lot of money cutting out the middle man.
Take your time and do your homework. Blue Book the vehicle on your own to see what it is really worth. And ALWAYS have an INDEPENDENT mechanic check out the car before you buy it. Not the mechanic across the street from the car dealer, that the car dealer “conveniently” recommends! Who’s to say they aren’t getting a kickback for giving the car a thumbs-up? Find your own mechanic. That’s not legal advice, that’s just common sense. I know the used car salesman may seem like your best friend, but trust me, he’s not. He will also act as if you don’t buy the car today, it will be the end of the world, but it’s not. It will still be there tomorrow, leaking oil and over-priced.
Don’t pay for the car in cash. That way, if problems arise, you can stop making the payments and use the remaining balance as leverage to negotiate with the car dealer for repairs or a modified price. If you pay with cash or take out a loan through your bank, the car dealer gets all their money upfront. You know how helpful they will be when you come back a week later with a grinding transmission? Not helpful at all. They won’t care.
Don’t believe me? Think I’m exaggerating about used car dealers? I’m not. They’re in a cutthroat business, and it’s your throat or theirs. And it’s not just financial and legal problems at stake – it can be your safety, too.

There’s a well-known case where the buyer ended up a paraplegic after a bad tire combined with a damaged transverse link caused her car to swerve uncontrollably into oncoming traffic on the highway. Turned out the used car dealer had turned the bad tire around (so the whitewall was facing in) so the buyer couldn’t see that the tread was separating, and sold the car to the buyer “as is” without inspecting it whatsoever.

Now that you know there is no Lemon Law protecting you in buying a used car, be a smart consumer and proceed with caution. And next time you hear someone going on about how someone should sue a used car dealer under the Lemon Law, you can tell them, “Sorry, there’s no such thing when it comes to used cars.”

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You say you have over 600 years of experience?

If you need a lawyer, chances are you are already smack-dab in the middle of a stressful legal situation, or about to be. What many people don’t realize is that the lawyer they choose can have a direct effect on making that situation bearable, or a nightmare of lost sleep and money.

Right now, you might be focused on just finding a lawyer to take your case, or finding someone you can afford. However, remember that hiring a professional should be a two-way street. Assuming you have a decent case, you should be asking the lawyer some questions of your own. (If you don’t have a decent case, convincing a less-than-stellar attorney could make a bad situation worse – you may lose the legal battle and still owe the attorney your hard-earned money for his or her fees.)

Here are some very important questions you should ask a prospective attorney:

Do you have experience with this type of case, and if so, what is it? The attorney should be able to describe her familiarity with this area of law. Or if the attorney is new to this area, she should just let you know that. This doesn’t mean she’ll do a bad job – a smart attorney will do the necessary research and will also have a network of other attorneys she can call with questions in their practice area.

How would you bill me for this type of case? Attorneys can use any number of billing arrangements. The most common are hourly fees, flat fees, and contingency fees. Hourly fees are still the standard for many attorneys, although they are beginning to give way to more flexible, client-friendly billing arrangements.

How much would you charge me for this case? Once you know the attorney’s preferred billing arrangement for your type of case, the next logical question is how much are they going to charge you under that arrangement? Attorneys’ fees can vary widely based on years of experience, expertise in a certain area, and how interested they are in your case. If it seems like an attorney is quoting you a fee on the high end, you can ask them if the fee is higher because of one of these factors. The attorney might admit that it really isn’t his cup of tea, in which case you might want to continue in your search. Or she might share that she is very interested in your case but charges a higher fee because she is the foremost attorney in the state in that area of the law, in which case you might want to consider whether it is worth it to pay the extra money for your peace of mind.

How available are you to your clients? Very few attorneys are going to provide you with a daily update on your case or heart-to-heart talks at 10:30 at night. However, most clients want to know that if they call their attorney, they will get a prompt call back. Does the attorney have a 24-hour callback policy? If not, how soon will he return your call? The most common complaints to attorney disciplinary bodies involve attorneys who won’t call their clients back. Don’t get stuck with a non-communicator. Also, if you like email (like me), will the attorney communicate with you by email? (Be aware though that email is generally not a secure means of communication, especially if you are emailing from a public wi-fi hotspot. You might as well call your attorney on the phone and talk really, really loud so that everyone can hear you because it’s that easy to see what you are doing over unsecured wireless. Which brings me to my next two questions . . . )

How tech-savvy is your firm? Since you are reading this blog post online, I assume you are somewhat comfortable using modern technology. Does the attorney use technology to practice law, or is he still plunking away on a typewriter? I don’t mean to poke fun at older generations of attorneys who weren’t weaned on an iPad, because their experience in the trenches is invaluable. However, I believe attorneys are ethically obligated to keep up with at least a basic level of technology, to provide efficient and secure representation. For example: How do they do their research – do they use Westlaw, LexisNexis, or some other fast, efficient online research database? Do they include social networking sites in their research? Or are they still hitting the books and ignoring the online world happening around them? Also, how do they communicate with clients and other parties – are they still using paper letters on expensive stationery and the faxosaurus rex? Or do they use online faxing, Skype, and email or a secure client portal to communicate and send you documents? A few casual, “curious” inquiries in this regard should give you an idea of how their practice operates. This isn’t just a matter of being modern or “cool.” A modern, efficient firm can provide more cost-effective (read: cheaper) services. It will also conserve natural resources, which may be important to you as well.

Finally, how secure is your firm? How does the client protect your confidential information and your attorney-client privilege? Do they have security policies in place regarding data encryption, cloud storage, emailing sensitive information, and employee laptops and smartphones?
These are just a few questions you could ask an attorney. You can probably think of more, and should add them to your list before you go in for your initial consultation.

Asking these questions will help you compare your options, if you are speaking with more than one attorney. Equally important, having clear expectations upfront will help avoid misunderstandings and hassles down the road.

Good luck!

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Should the Drinking Establishment be Held Accountable?

Due to a lack of knowledge based on the issues involved, many people disagree with the notion that bars should be held responsible for the actions of the patrons they serve. Further, individuals also question how a drinking establishment can be held accountable for the patron’s actions after they leave the bar. The dram shop laws in Texas do not agree with this viewpoint.

Bars Must Provide for Everyone’s Safety
The dram shop laws of Texas expect the drinking establishments to act responsibly so that the roadways can remain safe for everyone. By holding the party that furnishes the drinks accountable, the amount of drunk drivers on the road is reduced. With the state adopted blood alcohol level of .08, the laws recognize that anyone who has reached this level is no longer capable of making his or her own decisions and has already broken the law of public intoxication. Most individuals who oppose the dram shop laws are unaware that it is illegal for drinking establishments to serve anyone who has reached this level. When a bar over-serves a customer, it has violated the law. Consequently, if the patron leaves the bar and injures someone in an accident, the bar can be held partially liable for the accident because of its negligent over-serving of the patron.

Did You Know?
Our Texas Texas attorneys have won hundreds of drunk driver accident cases. Call us today to discuss your case.

To obtain a liquor license, businesses and clubs must maintain compliance with the laws of Texas concerning the serving of alcohol. Just as drivers are expected to obey the traffic laws of the state in order to keep their licenses, drinking establishments must obey the drinking laws. The consequences that result from over-serving patrons can be disastrous and harsh penalties have been established to reduce the number of violations. However, this has not stopped some drinking establishments from selling as much liquor as they want to patrons in order to gain as much profit as possible. Inebriated drinkers want to continue drinking and this makes it easy for the servers to take advantage of the situation. In an effort to make the roadways safer and encourage the drinking establishments to avoid liquor law violations, they must be held accountable for over-serving.

Scientifically speaking, an individual’s inhibitions and ability to make rational decisions are disrupted by alcohol. Therefore, decisions made by individuals while under the influence of alcohol would not have been made had the individual been sober. Further, intoxicated individuals lack the reasoning ability to determine if they are capable of driving. As a result, the servers in drinking establishments must be held accountable for ensuring public safety.

Another area of responsibility for the drinking establishments is to ensure that their servers have the ability to recognize when patrons have reached the legal limit for alcohol consumption. Bartenders must be properly trained concerning the effects and dangers of alcohol as well as how to identify drunks who should be cut off before they are allowed to serve alcohol in Texas. Further, it is the responsibility of the drinking establishments to make certain that all of their servers have received this training. This is done to prevent any bartender from claiming ignorance of the law in an attempt to avoid liability for over-serving a customer before he or she became involved in a drunk driving accident.

The responsibility of the drinking establishment for the actions of its customers can be likened to that of a dentist who sedates a patient before removing his or her wisdom teeth. Due to the wooziness experienced by the patient after the surgery, the dentist must not allow the patient to drive home afterward. It is easy to see that if the dentist did let the patient drive home and the patient was involved in an accident, then the dentist should be held responsible. This same principle can be seen in relation to a drinking establishment’s negligence that contributes to the drunk driving accident.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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Do Dram Shop Laws Hold the Drinking Establishment Completely Responsible?

Although untrue, many people believe that dram shop laws hold drinking establishments responsible for 100% of the damages that result from a drunk driving accident. Generally speaking, an experienced Texas drunk driving accident attorney will bring a legal action against the driver and the drinking establishment and attempt to recover damages according to their proportionate negligence for the accident. For example, if a customer is over-served and then goes out and injures someone in a drunk driving accident, the drinking establishment becomes liable for a percentage of damages that are determined by the court. If the injured party sustains a half of a million dollars in damages and the bar is found to be twenty percent liable, then the bar owes $100,000. The drinking establishment is never held 100% responsible. The purpose of dram shop laws is not to allow drunk drivers to avoid responsibility for their actions but rather to make all negligent parties accountable for their roles in contributing to the occurrence of drunk driving accidents.

What Constitutes Proximate Cause?
The majority of those individuals who oppose the dram shop laws are aware of the impact of proximate cause on drunk driving accidents. In any drunk driving accident the proximate cause is the individual who indirectly contributed to the cause of the accident. Although this possible defendant wasn’t involved directly in the accident, he or she did something to make the accident happen.

To illustrate, if a driver swerves into oncoming traffic and another driver must swerve to avoid hitting him, which in turn causes this driver to ram into a storefront, the first driver is the proximate cause of the accident despite the fact that he was not actually in the accident.

Dram shop laws require that a bartender must be aware of the dangers of over-serving his customers and then letting them drive. If the customer injures or causes the death of another individual in a drunk driving accident, then the bar is the proximate cause of the injury or fatality.

Server and Bartender Responsibilities
Bartenders have a serious responsibility in the regulation of their patron’s drinking. As a result, the Texas Alcoholic Beverages Commission has set up rules and regulations to train bartenders and servers to be able to recognize patrons who are on the verge of inebriation and to stop the sales when they have reached the point of public intoxication. The goal of these laws in dram shop cases is to do whatever possible to ensure the safety of the public.

The law states that every establishment that serves alcohol must have a TABC liquor license and that all servers who are employed by a licensed bar be trained to know all the guidelines, rules, and expectations necessary to recognize the warning signs of drunkenness in patrons.

Additionally, drinking establishments have put policies in place describing how servers must track the alcohol consumption of various customers. Tally sheets, hand signals, electronic tracking systems, color-coded glasses, or coasters are just a few of the methods used to monitor the quantity and potency of alcohol being consumed by the patrons.

For the most part, these methods are usually effective. However, there are those rare instances when other methods must be used to deal with intoxicated customers. In most cases, a manager will intervene to cut off service. There are times in which the matter becomes more complicated when the patron sneaks in a flask in order to consume more liquor than the bar will allow. When this occurs, the manager should confiscate the flask and cut off service to the customer. Further, food should be provided to customers to assist with the absorption of alcohol. Finally, the manager should arrange for a safe ride home for the patron. The only way the drinking establishment can avoid liability is to follow these steps.

Spotting Indicators of Intoxication
It is not difficult to recognize drunkenness and servers are expected to be on the lookout for it. This TABC requirement states that all servers should watch for signs of “obvious intoxication” in their customers. Signs such as slurred speech, falling asleep in a chair or at the bar, swaying while walking, sitting or standing, inability to express thoughts, and aggressive or violent behavior are all signals that the customer has had enough to drink and should be cut off immediately.

Recognizing signs of intoxication is more difficult with those who drink on a regular basis and “hold their liquor” better than others. In these individuals, the signs of intoxication are not as easily seen. It is for this reason that servers must make note of when they have served enough drinks to make the customer intoxicated. It is at this point, that service to the customer should be cut off. As a general rule, a patron should not be served more than two beers or glasses of wine or one shot or cocktail per hour. If this limit is exceeded, intoxication will very likely occur.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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The Safe Harbor Defense

In cases where every precaution, according to TABC guidelines, was taken and the patron still becomes involved in a drunk driving accident, the drinking establishment can plead the safe harbor defense to avoid liability for the harm caused by the accident. However, it should be noted that the defense must be able to prove the bar met every state guideline in order to use the safe harbor defense. If they are able to do so, then the drinking establishment is provided immunity from any lawsuits.

On the other hand, there are drinking establishments that try to use this defense even though they have not met all the safety guidelines for responsible serving. This being the case, it is very important to have an experienced legal representation if you want to receive your deserved compensation from the negligent drinking establishment. The Texas drunk driving attorneys with our Law Firm have years of experience with dram shop laws and know how to perform a thorough investigation and conduct depositions that will be used to prove that the drinking establishments failed to fulfill their duty to serve customers in a responsible manner. Our firm can help you to prove your case and obtain fair and reasonable compensation from the negligent drinking establishment that served the patron who caused your injury.

Our Law Firm Can Help
The basic rules concerning drunk driving accidents in Texas are fairly straightforward. However, the actual resolution of cases involving dram shop laws can be very challenging.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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Fentanyl Pain Drug Accident Injuries and Fatalities – Were You or a Family Member Harmed by this Powerful and Addictive Drug?
Fentanyl is a powerful pain medication – 100 times more potent than morphine. It is often used to treat chronic pain in cancer patients. Fentanyl is also used in surgery and ICUs as both an anesthesia and analgesia, typically in conjunction with benzodiazepine in which the two combine to be a potent painkiller.

While Fentanyl can be received through a lozenge, nose spray, or inhaler, its most common method of introduction is through a Fentanyl timed-release trans-dermal pain patch whereby the drug is administered through the skin and released into the bloodstream over a time period of 48 to 72 hours.

Unfortunately, the power of this drug that brings relief to thousands of pain sufferers across the state also has the ability to cause death if it is administered improperly, if taken by those without need for it, or if a Fentanyl transdermal patch leaks. In fact, the Food and Drug Administration has received hundreds of reports regarding Fentanyl fatalities due to fentanyl gel leaking from the patch, causing patients to overdose when they receive much more of the drug than their bodies can handle. Multiple fentanyl lawsuits have been brought against various manufacturers for their involvement in fentanyl deaths in the past few years: including several class-action lawsuits.

Several Major Fentanyl Duragesic Patch Recalls Have Been Made
A number of fatal Fentanyl overdoses have been directly tied to the drug over the past years: most of them pertaining to the time-release patches. While the narcotic itself that is contained in the patches was safe, excessive amounts of Fentanyl ended up being absorbed by patients, resulting in life-threatening side effects and even some deaths. Consequently, the makers of Fentanyl have issued multiple recalls for the Fentanyl trans-dermal patches. But even though recalls may be in effect, the manufacturers of these patches are still responsible for their products that are still circulating in public.

Janssen Pharmaceuticals issued the first recall of Fentanyl due to possible leaks in one lot. The company later recalled additional lots for the same issue, known as “fold-over defects.” Other defects were later discovered by the FDA, known as “stringer leaker” defects.

Alza Corporation recalled about 32 million Duragesic patches due to the fact that small incisions in the gel packets could cause leakage leading to Fentanyl overexposure to patients. Even small amounts of exposure to the drug could cause death in people considered intolerant to opioids.

Just a few days following the Alza recall, Actavis Inc. recalled 14 lots of Fentanyl transdermal patches. PriCara, a Johnson & Johnson unit, recalled Duragesic pain patches due to leakage issues that can lead to Fentanyl overdoses. Other affected Fentanyl manufacturers who have also issued recalls include the international pharmaceutical corporations of Sandoz and Cephalon, Inc.

If you have been harmed or lost a loved one to this drug, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Fentanyl Brand Names and Alternative Delivery Systems
Some of the recognizable brand names by which Fentanyl (or Fentanil) includes:

Durogesic or Duragesic, made by Alza Corp., a subsidiary of Johnson & Johnson;
Generic versions of Duragesic are made by Sandoz, Mylan, Watson, and Actavis;
Actiq, a Fentanyl lollipop made by Cephalon, Inc.;
Sublimaze, made by Janssen Pharmaceutical;
Fentora, made by Cephalon, Inc.;
Onsolis, an inner-cheek Fentanyl adhesive made by Aveva Drug Delivery Systems;
Instanyl, a Fentanyl nasal spray made by Nycomed;
Abstral, sublingual Fentanyl tablets made by ProStrakan, Inc.;
Fentanyl patches are sold in five different dosage strengths: 12.5 mcg/hr, 25 mcg/hr, 50 mcg/hr, 75 mcg/hr, 100 mcg/hr. Patches deliver Fentanyl continuously for three days.

General Fentanyl Side Effects
The side effects of long term Fentanyl usage can include any of those listed below. If one is suffering from an overdose, any of the following symptoms can become highly acute within a very short period of time:

Abdominal pain
Anxiety
Confusion
Constipation
Difficulty walking
Dizziness
Drowsiness
Dry mouth
Headache
Indigestion
Itching
Nausea
Vomiting
Weight loss

Severe Fentanyl Side Effects can Include:
Allergic reactions
Rash, hives, swelling of the mouth, face, lips, or tongue
Hallucinations
Rigid muscles
Seizures
Slow heartbeat/irregular heartbeat
Slowed breathing
Trouble breathing
Weakness

Actiq Lollipops
In addition to the issues outlined above in regards to Duragesic patches, the active ingredient in Actiq lollipops is also fentanyl. And the drug has also caused these candy-flavored suckers to become problematic in regards to proper prescription and safe usage of this particular type of painkiller. While Actiq has been found to be highly beneficial toward assisting acute pain sufferers in receiving relief in a short amount of time, these Fentanyl lollipops have reportedly been improperly prescribed to patients who are not suffering from severe pain. It is also common for those who are legitimately prescribed this pain medication delivery to overuse the narcotic.

Consequently, the overuse of Actiq lollipops has resulted in injury and harm to those who never should have been prescribed the drug in the first place. Additionally, Cephalon, Inc. has been questioned as to its marketing practices for the drug and been forced to answer allegations that they describe the drug as purposeful for such common issues like headaches or chronic back pain. Actiq lollipops are intended to be used only by those suffering from pain related to cancer. However, such patients account for only a small portion of users of Actiq. Those who suffer serious consequences as a result of using Actiq due to the misleading of a doctor may have grounds for a medical malpractice lawsuit in Texas.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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What Sort of Liability Lawsuit Might be Filed on Your Behalf

Depending on the circumstances surrounding your case, your general legal options find you filing a malpractice suit against the doctor or other prescribing medical professional who, through negligence, misprescribed fentanyl to you: maybe the lollipops for pain other than that normally associated with cancer treatment pain management. Maybe it was prescribed because you have terrible migraines or some other chronic condition and the physician read in some bulletin that fentanyl might be advisable, but did not consider your entire pain management regimen.

The other option surrounds defective Duragesic patches that might have done you extensive harm. Compensation relief is usually sought in such cases through a defective product lawsuit.

Drug Companies, Doctors and Their Insurers Will Fight your Negligent Liability Case Very Aggressively
When you take on the “medical-industrial complex” you must accept one thing. The healthcare industry has very deep pockets and some of the most powerful insurance companies on the planet to protect them from lawsuits. These insurance companies also have very good lawyers either on-staff or on permanent retainer. And the moment they know you’re on the warpath against their employers (and the doctors and drug companies they underwrite) be prepared for a back alley fight by people who don’t like to lose and aren’t used to being beaten.

Another thing to consider, especially if you are considering a malpractice lawsuit is the fact that tort reforms in Texas now limit the damages that can be paid by any guilty negligent healthcare provider to $250,000. So if the worth of your lawsuit exceeds this amount, you have little chance of receiving what you ask, even if the medical defendant ends up being guilty of the charge of malpractice.

Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State
These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. Lately, a lot of them surround defective product class-action suits on behalf of those harmed by Fentanyl Duragesic patches or Actiq lollipops. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer of record is in California or New Jersey or some other state outside of Texas.

This is likely a commercial for a defective product class-action lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets more attention and interest from the courts when filing their case and can be placed higher on the court’s docket. Then, when the class-action suit wins (or their lawyers have settled) all plaintiffs get to take a fair piece of a very large monetary compensation package. Some class-action suits have produced eight and even nine-figure injury awards. A class-action suit can be a remedy if you can find enough people who have suffered the same injuries or have the same manufacturer in their crosshairs. But it’s not one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still get a nice fee to do little more than “client intake” work. The way we see it, such intake firms are really getting nothing more than a sales commission, not actual legal fees. All that these “intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two, send the paperwork up the line, then get a “cut” of the legal fees for their minimal contribution to the class action lawsuit.

We’ve been approached by many out of state class action firms many times. But we decline all overtures unless we do real legal work on behalf of OUR clients that we take on the case’s behalf. Short of that, we don’t bird-dog for other law firms. There are synergistic elements to class-action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out of state attorney-of-record might have the sort of reputation we are uncomfortable with. And we are all judged by the company we keep.

We have enough experience by ourselves to handle a class-action product liability suit. And we have been the attorneys of record in class-action suits in the past, when it was appropriate. But we prefer to be the primary counsel of record. With the help of a defective drug attorney with our Law Firm, your case will be investigated, argued, and judged on its own merits: not lumped in with others that could ultimately endanger your rights. Plus, if the class action case you’re involved in turns out badly, there’s a pretty good chance that double-jeopardy might attach itself to it and you have lost your only opportunity at winning rightful damages. That’s why you will never be someone else’s number to us. So if you see a commercial for an out-of-state lawyer, think of what you might be getting yourself into and call someone local. It’s always your best bet.

Call Us Today
The defective drug injury lawyers at our Texas Law Office can help if you or a loved one has suffered a physical injury resulting from a defective Fentanyl pain patch or the misprescribing of Fentanyl when the facts of your medical problem did not justify it.

Our Law Firm has over 30 years of quality and successful experience in handling personal injury litigation regarding medical malpractice and defective product prescription drug cases. If you or a loved one has been a victim of Fentanyl or any other dangerous or defective drug, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of victims in Texas. And our experienced injury lawyers can help you win the best compensation possible for you.

Call us today for a free consultation to continue your road to total recovery and resume your life.

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Texas Lawyers Discuss Pharmacy Errors, Pharmaceutical Mistakes & Pharmacist Malpractice

In the world of modern medicine, pharmacy error accounts for about 10,000 deaths and several times that number of serious injuries every year. Studies estimate that as many as 1 in 30 prescriptions are incorrectly filed. Even in cases when the mistake does not directly cause injury to a patient, it does prevent that patient from receiving the medication he or she needs.

This is one reason why there are virtually no victimless pharmaceutical mistakes. Our pharmacy malpractice attorneys are here to tell you how these cases work, what you are up against, and how an experienced, unruffled attorney can benefit your claim.

Pharmacists are the final line of quality control between your doctor and you, the patient. Doctors write prescriptions. Pharmacists fill them. And there’s more to the job than mixing pills in a bottle properly. They also compound medications from time-to-time as well as counsel and teach people about them. Sometimes instead of going to a doctor for a minor pain or to learn more about a specific drug you’re taking, you talk to your pharmacist. But sometimes they can be careless or negligent. There are several professional areas of responsibility where pharmacist negligence could cause you harm. They can incorrectly dispense the wrong dosage, or give you the wrong medication, or incorrectly transcribe the wrong dosage or other instructions that go on your medication container.

There is a pharmacist shortage in this state that approaches the critical stage. This is why pharmacy technicians and other support personnel are used to stretch the limited number of pharmacists available; especially among the largest pharmacy retailers in the state. These “Pharm-techs” must be supervised by a pharmacist, without exception!. Pharmacist negligence involving supervision causes many medication errors each year.

Because of these responsibilities, there are four areas in which a pharmacist (and by-definition, his or her employer) can cause medical malpractice (with pharmacy error being a sub-category) and be found legally negligent:

The compounding of prescribed medications.
The dispensing of prescription medicines.
Teaching and counseling their customers.
Improperly supervising the employees who work for them.

It’s sometimes very difficult to tell if a health problem you are experiencing might have been caused by negligence by your pharmacist. But an experienced local malpractice lawyer can help you determine whether or not it might be the case.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Pharmaceutical Errors Typically Fall in One of Two Broad Categories

There are two primary ways in which pharmacy errors of negligence will trigger a malpractice investigation. They are:

When a doctor commits an error writing a prescription, leading to a patient receiving the wrong medication or an incorrect dosage of the correct medication.
When a pharmacist commits an error in filling a prescription, resulting in the same issues.
We are not including any problems relating to the prescribed drug itself, so long as the prescription was correctly written, dispensed, and filled. Those injuries fall under product liability claims. And those are sought separately against the drug’s manufacturer.

The type of lawsuit you must file depends on the type of pharmacy error committed, though in either case, you will be filing a medical malpractice claim. In some cases, you will be filing a case against both the doctor and the pharmacist if they both committed a mistake. Either way, the simple answer to your quandary is your need for an experienced legal professional.

Medical malpractice lawsuits are some of the most complex in the personal injury world. In the 30+ years that our Texas Law Office has been practicing, we have heard of many people trying to represent themselves in medical malpractice cases. And we’ve yet to hear a success story. Medical issues are extremely complex. These cases often involve assistance and testimony from expert witnesses in order to grant legitimacy to your negligence claim. In addition, lawmakers recently revised many of the laws surrounding medical malpractice claims in order to make medical professionals more resistant to lawsuits. This tort reform established a number of specific conditions that your case must meet in order to be successful. And if you are, there is a cap on the amount of money that any jury can award; even if it would like to give you more. But a non-attorney has little – if any – understanding of or experience with these conditions, much less how to meet them. And few under-experienced attorneys are willing to try.

But you are not without a stout-hearted ally. The pharmacy malpractice lawyers of our Law Firm can help you build the strongest possible pharmaceutical malpractice lawsuit. They are intimately familiar with medical malpractice laws: both before and after the recent tort reform and have successfully resolved hundreds of medical malpractice cases for his clients.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Pharmacy Malpractice and the Investigations that Unmask it

Medical malpractice is a broad term that covers the types of cases that can find any of the following healthcare providers (and their employers) as defendants against an injured plaintiff.

They are:

A primary-caregiver (doctor) or surgeon, anesthesiologist, or obstetrician.
Any nurse, or specialized hospital technician, who was involved in the injured patient’s care.
Chiropractors and some aftercare therapists.
The hospital or healthcare facility itself.
Dentists, dental hygienists, and other dental care specialists.
A nursing home attendant.
A private nurse.
A pharmacist or pharmacist assistant.

It makes no difference if these offenders worked alone or together, whether they were aware of anyone else’s error or not. If they helped produce additional injury, illness in the patient, or created further pain and suffering, the victims of that malpractice (or the surviving family members if the negligence caused a death) can seek damages from each liable party, in proportion to their contribution to this pharmacy malpractice injury.

One reason that malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find in Texas is the simple fact that the medical profession is by its very nature, is highly technical and very sophisticated. In short, a lot of finger-pointing goes on between multiple defendants. And players can even change sides if, for example, you begin filing a claim or lawsuit against a pharmacy corporation, and then an FDA warning bulletin is released saying the drug in question is not safe. Then suddenly, your corporate opponent becomes an ally against the makers of the drug. That scenario aside, laying the proper blame for a pharmacy error can be a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a Texas pharmacy malpractice claim without the legal help of an experienced lawyer.

A skilled attorney knows how to locate and retain the ideal pharmacological experts to thoroughly review your prescription records, determine whether your lawsuit is justified, and then back up your claims in court. These experts can also help determine the degree of liability from everyone who was involved in your inferior prescription malpractice case. Our experienced attorneys have the means and the skill to apply that thorough investigation of your claim and assemble this evidence into an effective strategy that gives you the best chance to be compensated for your damages.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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The Even Greater Difficulty of Proving Pharmacy Malpractice in Texas
All personal injury lawsuits have their difficulties. But there are several that are unique to any malpractice case when a plaintiff decides to seek compensation for an injury through a Texas malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages and other appropriate damages.

Some years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in the favor of the doctors, pharmacy corporations and their workers. Simply-put, when it comes to any malpractice civil case, with very few exceptions, there are now some damage award caps. That means if a pharmacist is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount. But there are remedies for this “damage cap” challenge which we’ll discuss in a moment.

As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit in Texas. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And it is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.

It is possible that some other negligent medical professional was involved in your injuries that the pharmaceutical malpractice merely amplified. There could be several other defendants. We’ll never know until we investigate your injuries. But one thing is certain. All defendants in any sort of malpractice claim or case believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your local medical and pharmacy malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played in your injury.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Medical Professionals Owe You a Very High Legal Duty and can Sometimes Violate that Duty Inadvertently

In malpractice, a legal duty is described as a “standard of care,” as opposed to most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care that is in proportion to their peers’ standard of care. More simply-put, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its superior position in society, the medical profession is held to a much higher standard since these professionals receive years of highly-specialized (and very expensive) training. Doctors receive up to 10 years of education and extremely rigorous certification in order to be qualified to safely treat their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general needs for its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly care for a patient. And though lesser-educated medical professionals might have a modestly lower standard of care, pharmacists are generally held to a higher standard of care usually reserved for doctors; since licensed pharmacists receive up to six or seven years of formal education in pharmacology and must continue their education as more and more sophisticated drugs are released to the public in order to retain their accreditation.

Once a standard of care has been legally established, the next duty of the plaintiff in a malpractice case is to clearly prove that the responsible medical professional (in this case the pharmacist or one of their employees) who violated that standard of care is particularly liable for your injuries. But very few people have even the minimal required knowledge to understand, or even know, why a pharmacist chose to do what they did. This is why expert witnesses and other experts must be retained by your malpractice lawyer to determine whether or not any pharmacy professional has violated their professional standard of care. These expert witnesses, usually doctors and pharmacists themselves, must have years of parallel experience in the same fields as the defendants in order to be of value to your Texas pharmacy malpractice claim.

Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses, either in Texas or across the U. S. in order to clearly prove your allegations that a pharmacy professional actually breached their required standard of care. This is vital if your malpractice case is to be a success.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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How Tort Reform has Changed the Texas Malpractice Landscape, Especially When it Comes to Collecting Damages

As we mentioned, one of the real-life challenges to full compensation in medical malpractice is the “damage cap” limit. This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.

But in each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.

Before tort reform, anyone could sue any medical or pharmacy professional for as much as they wanted and there was no limit to the amount they could collect. At times, this led to juries awarding unreasonable damages. But, aggressive medical, pharmacy, and insurance industries pushed back, along with the legislators they influenced, with a series of laws that helped the medical-industrial complex, but failed to adequately address the problem of legitimate malpractice victims. So the result of creating damage caps ended up benefiting these powerful industries to the detriment of malpractice victims who have legitimate damage claims.

Today, it’s much more difficult for any malpractice victim to recover true value, in both the short and long run, of their injuries, pain, suffering, and lost wages from any single malpractice civil action, including pharmacy malpractice plaintiffs. That’s why it’s so important for your pharmacy malpractice lawyer to fully investigate all features of malpractice. As we mentioned, other caregivers may also be responsible for those injuries.

We want to tell you that Texas tort reform benefit caps also make the insurer behave more arrogantly in negotiations. This should give you an idea of how hard it is to negotiate a fair settlement with these companies. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. They’ll lead you down the painful path to defeat.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Your Opponents: A Large Pharmacy Retailer and Their Insurance Companies

How many large corporate pharmacies do you see when you drive around town? We can think of three mega-pharmacy companies that have about 2/3 of the national prescription market locked-up. And they have an arrogance about them, especially when you try and get them to right a wrong; especially if it involves them paying you for legal damages. These companies and all pharmacy chains. But for a few holdouts, the local pharmacy landscape no longer has any more “corner drug stores.” These corporate megaliths have the best lawyers and the highest-priced insurers to run to their rescue when one of their employees harms you. And they know they are responsible due to the legal notion of respondent superior which basically means that while those employees are on-duty, the corporation that employs them is ultimately just as liable as the employee (and pharmacist) who made the critical prescription error.

The insurance companies are excellent and aggressive at defending these negligent pharmacies as well. Their adjusters are just as dangerous to a malpractice victim as the defense lawyers who represent their companies; maybe even worse. Adjusters’ goal is to help their employer, not you. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the malpractice, or placing obstacle after obstacle in your way and make that just compensation just barely out-of-reach. An adjuster acts like your sympathetic friend and constantly assures you that all of your needs are met; only to cut you off at the knees when it’s time to pay-up.

Insurance adjusters are very clever. They ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your filing a nuisance lawsuit, or that your real injuries are not as bad as you legally claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed injury victims of any type – often deceptively – to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from a case of pharmacy malpractice.

There’s only one way to stop insurance adjusters in their tracks. Hire an experienced Texas pharmacy malpractice lawyer. That way you don’t have to deal with them at all. Our clients know that adjusters deal with us. And they can record us all they want. We’ll never say anything that can come back to haunt you. And the words you don’t say to an adjuster, no matter how innocent, will never be used to hang you in court.

Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced attorneys are either on staff, or permanent retainers. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. This is why you mustn’t hesitate in finding a pharmacy malpractice law firm to help you. You only get one bite at the compensation apple. So you must make it the proper one because once you’ve taken it, you’ll never get a second bite.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Your Pharmacy Malpractice Case and Civil Trial Juries
No more than a third of all personal injury claims in Texas actually make it to the courtroom. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced plaintiff attorneys or result in a negotiated settlement. In the world of personal injury, trials are the last, and least attractive, resort. Every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way left to sort it out. Tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. But if the malpractice investigation reveals obvious negligence (which is relatively easy to prove in court if the case is strong) and your damages appear to fall under that cap amount, the odds of a settlement are better. Pharmacy malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to the question of, what costs the insurer more: losing the case in court (on top of the trial’s cost) or a fair settlement?

So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope. Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re chosen, these empaneled citizens would rather have a tooth pulled than be cooped-up in a courtroom, listening to a bunch of lawyers drone on-and-on about your complicated legal case. They find it hard to constantly have to pay full attention to minute facts surrounding a technical malpractice case. And malpractice trials involve a lot of technical experts who aren’t very engaging when it comes to explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve see jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.

The ambiguity of juries alone is enough for most to appreciate why a jury trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually reach their logical end with a verdict. Yes, the longer the legal argument goes on between the plaintiff and defendant, the better a fair settlement looks to both. Many times we and our clients have agreed to 11th-hour settlements and they are typically worth the protracted effort.

Enlisting the Assistance of an Experienced Pharmacy Malpractice Lawyer is the Smart Move
We hope you don’t learn too late that you should have hired a capable local pharmacy malpractice attorney after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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In Texas, malpractice lawsuits (and pharmacy negligence in particular) are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information you must first find, then present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert witnesses, not to mention the skill to see a complicated malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the many law firms that do not specialize in personal injury. And sadly, tort reform has thinned-out the number of law firms who are willing to represent plaintiffs in malpractice cases.

But we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact an experienced attorney. If you contact us for a free consultation, we will quickly tell you all your legal options and how we can help you recover the rightful damage compensation for all harm done you by every negligent healthcare defendant who’s liable for this malpractice.

Once our Law Firm is on the case, we will:

Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your Texas pharmacy malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties (including aggressive insurance adjusters) compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork and every contact.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your pharmacist’s negligent injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.

We are Here to Help You Forcefully Defend your Malpractice Compensation Rights
Rare is the instance where these medical defendants are not covered by various insurance policies. And though this is good news because you know the money is there to compensate you, it’s certain that a malpractice lawsuit which is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. If you or a loved one has suffered injury or illness as the result of pharmacy malpractice, contact the malpractice attorneys at our Texas Law Office for a free and confidential consultation.

We want to help you win justice and the compensation you need for your full recovery, and hold every negligent healthcare professional responsible for their negligent behavior so this won’t injure or harm other unsuspecting patients in the future. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case with you and outline the steps that we need to take together in order to realize success.

The experienced pharmacy injury attorneys of our Law Office have over 30 years of experience in calculating, then proving, the correct amount of our clients’ damages, in addition to aggressively representing them against negligent healthcare professionals of all types, their well-funded employers, insurance companies and the powerful lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your malpractice-related damages. We can help you on your road to recovery. And the damage compensation we can win for you is vital to you and your family’s healing.

Pharmacy companies and healthcare providers, along with the insurance companies that protect them know how successful our firm has been. So, when they learn that we are on your team, they may offer you a sizable settlement just to avoid facing our attorneys in court. We are dedicated to doing whatever it takes to get you back on your feet as quickly as possible. So if you or someone you love has been hurt due to a pharmacy error, contact the pharmacy malpractice lawyers with our Law Firm today. Let us help you seek the settlement you need and the justice you deserve.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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A Products Liability Lawyer Can Help If You’ve Been Injured by a Defective Product in Texas

Any day, any time, you could be hurt or seriously injured by a product you believe in, and maybe even rely on. People like you are injured every day when they use what turn out to be defective products. They can range from commercial equipment to the over-the-counter headache medicine you use to a prescription drug to the crib that your infant sleeps in.

Physical injuries can range from ongoing, yet subtle symptoms over long periods of time if you are taking a defective drug, to immediate, catastrophically gruesome wounds suffered from a defective piece of machinery. Deaths often occur because of defective products. If you have been injured because of a defective or unsafe product, or if a loved one has suffered a wrongful death under these circumstances, you are entitled to claim liability damages against the manufacturer of that product. And one effective way to win your suit is with the help of a Texas defective product attorney with our Law Firm to be your legal partner who fights for the compensation you deserve.

Federal laws clearly require companies that design and manufacture products to follow precise guidelines unique to each product itself to assure that every one which is sold and used by the public is safe. This includes both consumer and industrial products or devices. Any time during the normal life of this product, if it is proven to be defective or unsafe to use, anyone who can legitimize a claim of injury from these products has every legal right to seek fair compensation for their injuries through a personal injury damage lawsuit against its manufacturer.

There are two types of general product liability cases. One surrounds negligence by the manufacturer. The other is known as strict liability, which essentially means that the product simply was a bad idea from the beginning. Familiarize yourself with the dynamics of product liability law and arm yourself with information to help you ask the right questions that must be satisfactorily answered by the lawyer who is the right one for you. Because you will certainly need one if you are seriously considering filing a product liability damage suit.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Deciding Which Negligence-Based Product Liability Claim to file is the First Step

For most people, understanding a negligence-based product liability lawsuit is relatively simple. A manufacturer can be in error in designing the product or the manner in which it was manufactured or developed. Deciding which of these two general areas of the product development process is responsible for the failure of the product is a very important starting point. And when our law firm takes on a product liability case, this is our very first question. But once a manufacturer is legally cited to be liable in either development process, those who are injured by it must be compensated if they ask for it.

When a product is inappropriately designed, the reasons involved are often the owner’s unacceptable disregard for its safety when it is used in the manner in which it was intended. Maybe one of a large series of substandard fluorescent light bulbs exploded during installation. You suffered chemical burns to your hands and head, and flying-glass cuts that produced nerve and eye injuries. The tubes may have been properly manufactured according to design specifications, but the specs turned out to be incorrect. In this case the design of the fluorescent lighting tubes was most likely improper. So the manufacturer was negligent when designing the tubes and can be held liable for any injuries that are caused by use of the product in the manner intended when it exploded when it was installed.

But what if a product is designed properly, but still causes an injury? The focus then turns to the way the product itself was manufactured, which is where the majority of defective product lawsuits are filed. In order to deliver their goods to the marketplace to meet demand, these days manufacturers find themselves cutting corners wherever they can in order to lower their costs (and raise their profits). Their profit margins are already very small to begin with. Saving even a half-cent per manufactured unit can make a difference between profit and loss when you factor in a half a million units. So if they find they can trim costs by using less-durable materials or cutting corners during assembly of the product, then they are able to meet their targeted unit cost. One consistent way to do that might involve the use of employees who don’t know their job as well as they should, or maybe uncertified workers are operating complicated manufacturing machinery, which means they work for a lower wage (and maybe longer hours at lower efficiency)..

Regardless of the reason, if there is negligence in the product’s design, or the way it was constructed, the owner and/or manufacturer is legally liable for injury damages when an unsafe product was used under the normal circumstances that were expected by the injured person. But proving your case in a manner acceptable to actually win that fair defective product compensation is an entirely different matter: and that is why you need an experienced Texas product liability lawyer.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Some Defective Product Lawsuits Surround Whether or Not You are Warned of a Product’s Dangers

Not only can negligence in a products design and manufacture be cited in a product injury lawsuit, the owner of the product (or the domestic distributor of a foreign-made product) can also be subject to civil liability for not warning the public of its dangerous product immediately upon learning of this matter. Manufacturers have been found guilty of negligence when they don’t meet their legal obligation to warn those who buy their products of the possible risks that may be connected to that product. And such failure to inform the public of these dangerous situations surrounding their goods makes them responsible for damages suffered when people are injured through normal use of their product.

This is why if there is even the remotest chance that a manufacturer’s product poses even the slightest possible danger to its consumers, you see or hear of a recall. As a matter of course, drug manufacturers’ television commercials with all their disclaimers and warnings are one example. It’s gotten to the point where the commercials take-up more time warning of a drug’s side-effects than the actual benefit of the product Fine print at the bottom of advertisements in magazines and newspapers is another example. Fast-talking announcers who you can barely understand during the last five seconds of a radio commercial are also complying with a manufacturer’s legal responsibility to warn customers of the potential risks associated with their product, even if the letter of the law that necessitates the warning sometimes falls short of the spirit to which the law is intended.

All of these examples exemplify the evidence that companies have learned the hard way that they must warn their customers of any dangers associated with their products, even if they are remote. And at least some of them learned this lesson first-hand, the hard way, at the end of a product liability lawsuit to them, or another company in their particular industry.

Strict Liability Claims: or Sometimes a Product Simply Wasn’t a Good Idea to Begin With
There are instances where a manufacturer has exercised reasonable due diligence in designing and creating a product. But once it hits the market they discover that something unforeseen has made it a dumb idea. This might happen when some people use it improperly, or in a manner not originally anticipated by the manufacturer. In these cases, they just didn’t think things through from the user’s perspective or if the product ends up being used in a way the manufacturer did not intend, or foresee, injuries occur. Even if the manufacturer issues a recall, they are still legally responsible for their products as long as they are in the hands of the consuming public. A recall is not a shield from liability for those who suffer an injury by using a product, although quick recalls can lessen some of the damage amounts that can be awarded because the manufacturer acted quickly to warn the public and moved heaven-and-earth to correct the problem. But even after all of that, people who are injured may still be awarded damages through a strict liability claim.

One famous example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called “Lawn Darts.” The object of this outdoor game was for players to throw large darts with sharp, pointed ends across a lawn toward some target on the ground. But it doesn’t take much imagination to understand how dangerous this game could be if used improperly, or the players aren’t paying attention to those hazardous missiles. One person’s “harmless” game dart can become another’s perilous weapon. And though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn’t relieve them of responsibility for damages from injuries that arose from this “game.”

This example of a product that’s designed and manufactured properly, but is still a danger to the public, regardless of how it is used, is a classic example of how an experienced Texas product liability lawyer applies a strict liability claim when a product on the market is unsafe. People can be injured by well-made products that shouldn’t be on the market to begin with. It makes no difference if they are used properly or improperly.

Another example, many years ago, arose from the simple clip-on roller skates many children used in the ‘50’s and 60’s. Some enterprising kiddos attached them to pieces of wood and the skateboard was created. Several successful injury lawsuits arose from this “unintended use” of roller skates. However, it did create a new industry (skateboards) that came with very strong warnings and also the legal assumption that when the product was bought, that the user (or the parents) accepted the heightened danger of injury. This also brings to mind another issue of “assumed liability” on the part of the buyer of the product: which is another issue that must be taken into account when it comes to defective product lawsuits.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Class Action Suits: Some Lawyers Work for Their Money, but Others? Not so Much

You’ve probably seen a lot of commercials from Texas attorneys who ask if you’ve been hurt because of some substandard product. But if you take time to read some of the fine print at the end of the commercial, you might notice that the lawyer you are supposed to call is in Connecticut or Delaware or some other state other than Texas.

This is a commercial in the interests of a class-action lawsuit, which is basically getting a lot of people who have been similarly injured by a particular product and are suing the manufacturer on behalf of this “class” of people. Class action suits have their advantages in some states because a collection of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed on the court’s docket sooner. A class-action suit can be a remedy for you. But it’s not a free ride. Nor is it one of those situations where you just get on the filing list, then sitting back and doing nothing, hoping you’ll be on the “check mailing list” when it’s all over: even if that might be the implied message of the commercial.

The law firm that produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in every state. Many times, these local or “front” attorneys in each individual state do very little work when it comes to preparing the case, but still get a nice fee (in this instance we like to call it more of a sales commission rather than a legal fee) to essentially do client intake work because all they do is fill out forms, maybe take a preliminary deposition or two and probably get a few thousand dollars per-client they send “up the line” for their trouble. For these firms it’s a low work/high return proposition. Some “easy money” law firms only handle these kinds of cases for out-of-state class action firms.

We’ve been asked to participate in these kinds of “assembly line” lawsuits by out of state class action firms many times. But unless there is real legal work involved, we respectfully decline these offers of “easy money” for a very simple reason. We represent clients. We don’t bird-dog for some other law firm. We prefer to represent clients rather than just signing them up and letting someone else do all of the work. We feel there are synergistic elements to class actions that can make them very satisfying to the law firms that are involved. But only if they are true legal participants and not just doing pseudo-legal work and shuffling papers (and plaintiffs) up the line. And we believe this kind of “faux legal representation” is not always ethical, or the out of state attorney-of-record might not have the sort of reputation we are comfortable with. And in law (like life) you are judged by the company you keep.

We are, however, very experienced in filing and arguing class-action suits. But those we are involved in finding your Texas product liability injury attorney with our Law Firm as the primary legal counsel of-record. Who knows? Your product liability case might be the first wave of what could become a class-action suit. In the long run though, it doesn’t really matter. We DO want you to know that you will never be a number to us. So if you see a commercial that leads you to an out-of-state lawyer remember what you might be getting into and call someone local. It’s always your best bet. If your injury is legitimate, fight the manufacturer on your own home turf, not someone else’s.

If you suspect you have been injured by a defective product, contact a product liability attorney in our Texas Law Office. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask any and every question you can think of in order to completely understand your defective product injury case and how it is best pursued. If you deserve to be compensated, we’ll help you get every penny you deserve.

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Effective Legal Assistance is the Right Antidote to the Poison That a Manufacturer’s Insurance Company Attorneys Will use Against You

Those who pursue a product liability claim without a competent product liability lawyer (or worse, by themselves) have about as much chance of winning compensation from the manufacturer as those who play Lawn Darts or ride skateboards if they’re 50. They can’t get out of their own way and end up stuck by lawyers who know what they’re doing. You will find yourself up against the manufacturer who’s worried about profits, a courtroom full of excellent attorneys, and finally the manufacturer’s insurance company. All work together to fight your claim at every twist and turn.

The opposing attorneys use every trick in the book, legal or otherwise, to convince a jury that your lawsuit has no merit; or if it does, that the damages you seek are unreasonably excessive. They also do everything they can to delay your day in court, while at the same time, the insurance company offers you a “low-ball” settlement amount that doesn’t come close to paying your medical bills, pain, suffering, lost wages and other damages the defective product has caused you or someone in your family, or maybe even your small child if that is the one who is injured or killed.

And sometimes these manufacturers, lawyers and insurance companies know a product is unsafe, but months before the injury caused by their product, some insurance actuary somewhere determined it was more cost-effective to pay a bunch of “low-ball damage claims” than to fix the product. But even in light of that fact, that still doesn’t stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you could be in for a very rude awakening, and no money that you rightfully should receive to pay the damages.

Isn’t your best strategy one that involves retaining a competent product liability lawyer in Texas who has experience arguing and winning cases involving defective product lawsuits?

The Texas Product Liability Lawyers of our Law Firms Stand Ready to Help You
The defective product lawyers of our Law Firm have helped many people who have been hurt by unsafe and defective products for more than 30 years. We’ve seen every trick that manufacturers and their attorneys try to pull in order to prevent you from collecting the damages you deserve if your injury justifies bringing such a liability claim

We thoroughly investigate every case, making it the strongest possible. We also investigate every defendant’s assets so we know who can afford to pay your legitimate legal claims of product liability. We are dedicated to your full recovery, physical and financial, by getting the largest, and fairest, damage award possible. Our Law Office has a long and rich history of successfully representing our clients, not only in court, but negotiating fair settlements without the need to litigate. And because most of these opposing lawyers and their insurance companies know us and our reputation for aggressively representing our clients, many of them would rather settle than take us on in a courtroom.

We help provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you and your family fairly for any injuries caused by their products.

If you suspect you have been injured by a defective product, contact a product liability attorney in our Texas Law Office. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask any and every question you can think of in order to completely understand your defective product injury case and how it is best pursued. If you deserve to be compensated, we’ll help you get every penny you deserve.

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Were You Hurt in a fall at a Construction Site? You May Be Owed Compensation for Your Serious Injury

Construction sites can be hazardous places. Those in the business know that. They also understand that one of the most common hazards facing even the most careful worker is on, around, or under construction scaffolding.

It doesn’t matter if the project is a two-story mansion, an industrial or retail building, a low-rise office, or a towering skyscraper: at some point, scaffolding is necessary in the construction (and maintenance) of most types of buildings. With all the building going on in Texas, there are likely as many scaffolds as there are construction workers.

You’re a conscientious worker. You do your best to stay safe at work and keep a safe work area. But that doesn’t mean you can’t still become a victim to a workplace injury anywhere on or near scaffolding. But this article is not limited to just that. You may have suffered some sort of injury from any construction or building maintenance site fall. Accidents happen, and, in many cases when the injuries are serious and caused by someone else’s negligence, you’re entitled to some form of fair reimbursement under Texas law for the financial losses you’ve incurred from the mishap. Such legal entitlements can include your medical bills, the pain you’ve endured, and your emotional distress. If the accident produces disability in some form, that too is a justifiable request. When your construction site fall injury is very serious, it can put a strain on your body, your finances, and of course, your family.

In the case of whether you fell from scaffolding, or scaffolding collapsed on you, or scaffolding collapsed while you were on it. You’ve been injured and you need help; real help. You are not without your rights. You must, of course, focus exclusively on your recovery. That’s important. But you can’t take short cuts that could hurt your claims and your legal case further down the road. The laws that made workers’ comp more complex in Texas are a serious challenge to your ultimate compensation when all this is done. And often there are parties that may talk a good game in pledging they have “your best interests” at heart. If this is you: one who has suffered an injury while working on a construction site by falling from scaffolding or some other height, or it collapsed on or under you, then you are right to consider seeking legal restitution to recover all appropriate damages.

Personal injury claims and lawsuits involving construction companies are complicated. The best legal strategies for your case differ because they are based on whether you are a subcontractor, contractor, or employee: and whether the construction company subscribes to workers’ compensation insurance or not. It’s a lot of territory to cover. And no two cases are mirror images of the other.

For instance, you should know that the laws which make non-subscribers liable for their employees’ injuries don’t apply directly to contractors. Often, construction companies think they can escape legal liability for injuries without even paying for workers’ compensation insurance by hiring contractors instead of employees. Unfortunately, this strategy all-too-often works for the companies, especially when they don’t have an experienced construction injury and workers’ comp attorney like our lead attorney when one is injured in a scaffolding accident.

It’s hard not to feel that the laws surrounding Texas workers’ comp and the contractors who benefit from it the most work to allow them to avoid all liability. Many personal injury firms will drop your case immediately upon initially learning you are not an employee, but not having the curiosity to really investigate that point. You hear so many urban myths about how a workers’ comp subscriber company makes them immune to lawsuits; or how employers can sometimes evade an actual “employer-employee” relationship by diving through a loophole in the law. But when held to the light of truth, they don’t always hold up when you have a team of experienced falling accident injury attorneys like those at our Texas Law Office advocate your case.

You can put the experience of a construction site/falling injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Seek Medical Attention Immediately After Your Construction/Scaffolding Accident

If you’ve been hurt while on the job, the first thing you need to do is seek the proper medical attention. The doctor who treated your wounds has told you to continue your recovery treatment. Do it! We might be together for several months. And we’ll tell you right off the bat that our successful clients are typically those who do everything they can to recover from their injuries. After all, if you don’t care about your health why should they be asked to pay? Think about it.

Your health is of the utmost importance. Being examined by a medical professional is important both for your life and your case. If you need assistance seeking medical help that can take your personal and financial status into consideration, let us help. We have a large network of trustworthy medical professionals that we can point you to. In addition, we may be able to help you see a doctor at no cost to you. We can even show you how the time you take off from work to get care may be compensable by the defendant. Once you have left the emergency room or trauma center, whether you’ve been admitted to the hospital for a few more days or are recovering at home, your next step involves seeking legal assistance in order to assess your employer’s workers comp status, and begin the road to fiscal recovery as well.

Assessing Your Workers’ Comp Status Properly Dictates the Game Plan
The Texas Legislature enacted the Workers’ Compensation Act in 1992 and, according to that law; employers who choose to purchase workers’ comp get special incentives and unusual protection. These incentives don’t necessarily work in your favor if the injury is serious. The chief protection for employers who pay for workers’ comp coverage is that – with one most unusual exception – they cannot be sued for any more than a capped amount of compensation money. Essentially, one-in-two Texas employers subscribe to workers’ comp. It is optional for employers: not the norm for a majority of states in the state. Considering the benefits of workers comp, that’s a pretty low number. We suspect the percentage is even a bit lower than half in the construction industry.

Did You Know?
Our Texas Texas attorneys have won hundreds of construction accident cases. Call us today to discuss your case.

You need to know your Texas employer’s workers’ comp status. It determines your legal options in regards to what typically begins as your insurance claim. An employer that has workers’ comp is called a subscriber. An employer who does not have such liability coverage is labeled a non-subscriber. Knowing that simple fact makes a big difference in your case and determines how we approach it. It determines the starting point in how your claim is filed and what compensation you may be entitled to receive.

The right answer about whether an employer is a subscriber or a non-subscriber to Texas workers’ comp law is not always forthcoming. Very often employees of a company don’t even know. Sometimes employers give the wrong answer when asked. Sometimes the answer to the question is not clear and sometimes the company doesn’t have a clear cut policy for dealing with accidents on the job.

Workers’ comp is an expensive program and some companies choose not to buy it, reasoning that they can save money as long as no one is injured. If they were smart, they’d look at their business like all successful people when they financially protect their home and hearth. The first check every month goes to the mortgage company. The second goes for the insurance. That’s a smart plan. You might see the irony of it as we visit further. Even if it’s not cheap, workers’ comp rates, across the board, are less than market rates; even if the cost of workers’ comp for an employer is related to how risky the job is: the same holds true for commercial underwriters; just higher premiums.

However, inevitably there will be an accident that produces serious injuries. As a workplace attorney with more than two decades of experience working on behalf of scaffolding accident victims, our Texas work accident attorneys have encountered situations where companies have blatantly answered falsely when asked if they are a subscriber to Texas workers’ comp.

When the odds catch-up with these “subscribers in sheep’s clothing,” they try to avoid a lawsuit when there’s a serious injury. These employers may try to quickly pay victim’s benefits normally received from workers’ comp and ask them to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook. Some of these forged forms look pretty professional too. But it’s a trick so don’t fall for it

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Sometimes Workers’ Comp Benefits Work Well: Especially if Viewed as a Compensation Foundation

Workers’ comp benefits originate from a “pool” of funds. The pool is replenished by private insurance carriers that participate in the program. It protects subscriber-employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated in the case of severe injury when the employer is truly negligent. This is because it limits, or “caps,” the monetary compensation an injured employee can receive. If your employer subscribes to workers’ comp, it provides some reimbursement to injured employees who are hurt on the job site: primarily expenses directly linked to medical bills and compensation for a certain amount of lost income during recovery. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of money you receive doesn’t cover the actual expenses of an on the job injury, especially if it is severe. And we’ll go over that in greater detail later.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the prerequisites that encourage companies to subscribe to “no-fault” workers’ comp insurance are somewhat relaxed. And these same lower standards of proving subscriber negligence also apply against a non-subscriber in a civil case. So it’s not as difficult to lay the true liability at the feet of a non-subscribing employer for serious on-the-job accidents.

This is what we meant when suggesting that your construction site injury lawyer know how to work both sides of the workers’ comp street in order to get to the bottom of your injury compensation status. That’s because there’s a trump card to all of this. And it surrounds third parties to your scaffold or other fall injuries. If workers’ comp creates a void between what you’re getting and what you need to recover, third party defendants who had a hand in your injury could be exposed to our filing insurance claims or lawsuits against them. Rare is there a time where there is a single negligent act that contributes to your injuries and massive expenses like medical bills, pain and suffering, lost wages, and rightful disability payments. Those same damages, and more, are available to the surviving family members of a loved one who was fatally injured in a scaffold or some other construction fall.

Much of the time, a total compensation package finds workers’ comp is the foundation and a successful third party claim or (judgments) to bringing the total damages received to a more appropriate level as the best legal recourse is available to seriously injured workers like you. you. Once we identify the nature of your employer’s workers’ comp standing and conduct a thorough investigation of all facets and parties involved, we can then move forward together to secure your fair injury and damage compensation.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Type of Compensation that Injured Workers can Expect from Subscriber Companies

Workers’ comp does not include coverage or reimbursement for any pain, suffering, or even general damages, aside from the income and medical expenses specified. Wages you lost while you were absent from work, recovering from your accident, capped at a maximum of $600 per week, may be paid to you. Let’s say you’re a carpenter who earns $1,300 a week for 50 hours of work. It takes a month for you to recover enough to return to work. That means you earned 50 percent of what you normally take home. So your monthly budget has taken a big hit.

You are also entitled to complete reimbursement for all your medical costs, such as those surrounding medical treatment, prescription and over-the-counter drugs, and other medical supplies you needed to recover from your injury. Ongoing treatment and medical needs are also potentially reimbursable. If you incur travel expenses in seeking medical treatment, supplies and prescriptions, those may likewise be recovered

But if you become disabled, other than a four figure initial payment sum, this formula and cap amount holds true even in the case where you’ve been permanently disabled and are unable to work for the rest of your life. In other words, you may have to make do with such paltry benefits for the rest of your life. You and your family might never get out of that “void” for if your compensation package is limited only to workers’ comp. Are you beginning to see the value of negligent third parties who can be proven liable and a become a rightful supplemental compensation source?

Liable Non-Subscribers to Workers’ Comp Can be Employers or Third Parties
Non-subscribing companies have an almost unlimited liability to be sued while a subscriber employer is protected against lawsuits and the damages assessed against them are much more limited. By choosing to not be forthright about their worker’s comp status, a liable employer may lead an injured employee to think that he or she has little in the way of redress and that the employer has little in the way of liability.

As we’ve mentioned, a non-subscribing (or uninsured) company may even try to pay an injured employee out of pocket (and usually off-the-books, while saying that the money is actually coming from an insurer or workers’ comp. Accepting such an explanation (and quick settlement which is a low-ball attempt) is certainly never in your best interest. Always keep this in mind: if you are injured or hurt in a scaffolding or other construction fall, you’re probably entitled to far more compensation than you would be receiving, regardless of the coverage. The hush money offered is almost certainly a pittance compared to what the law would likely find in your favor.

In order to further punish non-subscribing employers, Texas workers comp laws remove the damage cap that would be in place if the employer had purchased workers comp insurance. The crane accident victim must merely prove standard negligence, even if the employer only committed a momentary lapse in safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty crane-related accident lawyer to assist you through every complexity of this challenging legal process.

However, just because there’s no workers’ comp court red tape, that doesn’t mean it’s any easier to ensure your right to compensation. It’s a legal action like any other, and as with any such serious matter you need professional representation. The non-subscriber employers (actually, their insurance companies) will almost always contest your claims.

There are two special challenges that you need to anticipate when trying to collect from, or sue a nonsubscriber. The first one is this: even though they don’t carry workers’ comp non-subscribers usually carry some form of insurance, if they’re smart. It will be responsible for paying at least part of your claim: certainly larger than workers’ comp awards. Therefore, not only will your employer have an interest in defending against your claim, so will his or her insurance company because that’s what it’s for: to get them off the hook or pay the claim if their adjusters and lawyers fail in their attempt.

They have a team of sophisticated attorneys in thousand-dollar suits and insurance adjusters ready to attack your case. The adjusters you’ll see in a lawsuit like yours aren’t the same “friendly” adjusters who handle your fender-benders. For high-dollar cases like yours, insurance companies usually use their best people. The adjusters who work on these injury cases are highly trained and very experienced pros who have gotten to their current positions by denying claims and saving their employers money.

They will have teams of attorneys to try to pick apart your claims. They contest your statements. They file nuisance motions. They will do everything they can to make an accident look like you were the sole proximate cause, i.e. wholly responsible for the construction site accident. They will try to undermine any evidence you bring to prove the elements of your claim since you have the burden of proof. All they have to do is say “prove it.” If you can’t, everything stops right there. Here’s where your falling accident injury attorney’s investigative prowess and experience at countering even the most frivolous counter-charge turns the spotlight of truth back where it belongs: the spot where their client-defendant stands.

This is even more complex than it sounds. You must show that the defendant; be it your employer or that third party; is at least partially responsible for the accident, that the defendant’s negligence caused the injuries, and that you are entitled to a specific amount of damages as compensation for your injuries. It might seem like a one-strike-and-you’re-out system most of the time. If you miss evidence on even one of these points, your claim could stand to be dismissed. An experienced legal “pinch hitter” at least gets you three strikes; and a better chance of winning.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Other Non-Subscriber Defense: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option non-subscribers use after an injury has been suffered by an employee. Many clever employers begin avoiding liability even before accidents occur by trying to distance themselves from you as an employee, and their responsibility to fairly compensate you. Some even begin constructing that paper trail to prove their argument from the first day you show up for work.

Texas Employers are not responsible for what happens to contractors if they are injured at work. So, many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed; and then tell you that you don’t have a legal claim for your injury-related damages. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, many times they know an actual employer-employee relationship exists and an injured worker has a right to fair compensation. So don’t be fooled. Even though your employer claims you are a contractor, you are likely still an employee in the eyes of the law and are due compensation for injuries suffered on the job.

A skillful and well-seasoned Texas accident injury lawyer knows how to prove the employer-employee relationship by meeting at least one of the following standards:

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

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

A couple of other important “things to consider:” If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related injury (or a relative was accidentally killed) your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party contributor to the accident. Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription with your employer must first be clarified, then the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or lawsuit.

This again brings another important point to mind. As we have previously told you, workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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My Case Seems Open and Shut. Why Do I Need Representation?
Oh Really: who told you that?

In all non-subscriber and third party workplace injury claims defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. At this point it makes little difference as all fight very hard to avoid paying for your injuries.

Non-subscribers are represented by insurance companies who have attorneys either on-staff or on permanent retainer. And they are very skilled at defending insurance companies from people like you. Insurance companies are in the business of collecting high premiums, and then avoid paying claims. That’s great news for policyholders when they get in trouble, right? They are confrontational and intimidating from the start. But they don’t scare an experienced work accident attorney like those with our Law Firm who know every trick they pull, and how to counter it.

But self-insured employers who are liable for workplace injuries or those who have no insurance whatsoever are a different animal altogether. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful at best. Others are nothing but illegal.

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

Self-insured or uninsured employers can deliberately dispose of evidence and sometimes even pay witnesses to “disappear.” Other times they’ll bribe or intimidate witnesses, even you: sometimes going so far as resorting to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

Take Action: Contact our Law Firms after a Scaffolding Construction Site Fall
While your employer may have been too cheap to buy worker’s comp coverage, you can be certain that he or she will think nothing of paying tens of thousands of dollars for an experienced and shrewd attorney who knows how to make victims appear negligent for their own injuries, especially in a crane accident case. So not only are you saddled with the “burden of proof,” but you also must bear the burden of DIS-proving all these counter-charges that only serve to cloud the issue of liability. Here’s where your own cunning attorney to place fault back where it belongs, the negligent employer becomes a powerful weapon in your fight for fair damage compensation

Don’t accept a settlement from any defendant or any insurance company that waives those parties’ liability, and your right to ask for more if it becomes necessary. These types of offers are rarely fair. Unfortunately, they are usually legally binding. If you sign one of these documents without a lawyer or accept fast cash from one of the defendants, there may be little we can do to salvage your legal rights. Don’t do anything that is binding after your scaffolding accident until you’ve spoken to a lawyer.

You can put the experience of a construction site/falling injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Of course. In fact, like most attorneys, Our Law Firm will be consulting with your doctor on your condition before and after the accident.

In order to prepare the best case possible, we will need to develop medical evidence using consultative exams and testimony from you. We will also use detailed opinions from doctors who specialize in diagnosing and treating your specific type of injury.

We have a variety of specialists with whom we consult who practice within five minutes of our office, which makes it easier for us to keep on top of your case. We will eventually ask you to visit one of them, too. But your doctor is still your doctor and you would never substitute ours for yours. It’s simply an important part of our case that we know all your medical information as it relates to your case.

Your Medical History
All the doctors who have treated you in the recent past can support any claims we may have for a worsening condition as a result of a car crash. Your attorney will review the medical records to see what is relevant to your case and review it with doctors with whom we consult. Sometimes medical records contain information that is harmful to an injury victim’s case. But we are trained to handle other older injuries. But we need to know all information about your medical history so we can be prepared.

No Regular Doctor?
If you don’t have a regular family doctor then, yes, we will suggest one. All our associated doctors are close to the office, making getting there and back — for you or our staff — simple and quick.

But there are other reasons for this, too. Say you go to the emergency room with a bad cut to your face sustained in your accident. The emergency room doctor may provide emergency treatment. In fact, several different emergency room physicians may provide treatment — all of which is likely to be excellent. But there may be various stages of care. In other words, some doctors treat only for critical care, while others are concerned above all with after-affects.

If your wound is assessed by one doctor, stitched by another doctor, and followed up by a third, the wound will have certainly been properly treated. But what about the scars for that wound? Who was watching to make sure there were no lasting effects, no permanent or disfiguring scars from the crash? Probably nobody.

Doctors Who Look At the Big Picture
Using our group of doctors, we know they will be focussing on everything from A-Z. Was the wound treated properly? Will the scar be permanent? Will plastic surgery be necessary? If so what will it cost? When will it be done? How many surgeries will it take to put things right? In the meantime, who will pay? Some of our preferred doctors will work on the same basis as we do: in other words, they can wait until the settlement is complete. Will your doctor do that?

Insurance companies have their own group of doctors, so why can’t attorneys? Ours were chosen for their talent, their experience, and their location. And, by the way, the medical specialists hired by the opposing sides will usually agree to the extent of the injury; the only differences are usually the extent of follow-up and the time of treatment. We won’t allow a company to wrap up a settlement just to get it off the desk. We want everything to be done correctly and we want the results, no matter how much time it takes. We want you to heal as you were prior to the crash — or we want a settlement that reflects that change.

Build Your Team
If you or somebody you love has been injured in a car crash, our Law Firm can assist in determining damages owed to you. Having an attorney with a focus on car accidents is critical in providing you with the financial compensation you deserve. Our Law Firm has a focus on being the area’s car accident lawyers and we know that accidents don’t wait for daylight hours to happen. So we’re available to answer your phone call any time, day or night.

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In the state of Texas, it is illegal to text and drive. Drivers in violation of this law will face a fine. Unfortunately, this consequence has not proven to be effective in preventing dangerous distractions, as many accidents occur regularly that is believed to be the cause of texting while driving. What is most important to keep in mind when accidents of this nature arise is the fact that a car accident attorney may be able to help you recover compensation for any personal harm or physical damages that were incurred by an auto accident that was caused by a distracted, texting driver.

Some research has indicated that individuals texting while driving are approximately 23 times more likely to be involved in an auto accident than non-distracted drivers on the road. This could be a single-vehicle or multi-vehicle accident, depending on the case’s circumstances; either way, the damages incurred could be quite serious. Therefore, any wrongfully injured parties of texting while driving accident need to act quickly in taking legal action. The use of cellular devices has become quite prevalent in today’s society. However, car drivers who utilize the device while attempting to drive are putting themselves and others at risk. This offense deserves to be brought to the attention of legal professionals that may be able to help curtail the problem from happening again in the future.

Protecting You After an Accident Caused by Texting While Driving
There are a number of causes that could result in a car accident; one of the most preventable causes is texting while driving. Researchers have speculated that a texting driver’s eyes are focused on their cellular device for more seconds per minute than on the road where they should be. With this in mind, it is little wonder that accidents of this nature are as frequent as they are. If you were the unfortunate victim of an accident caused by a negligent or distracted driver on their phone, then you owe yourself to take legal action. At our Law Group, we can help. We are car accident attorneys identified in the top 1% of all lawyers in the state of Texas. As such, we feel confident that we can help with your case.

Upon calling our firm, you will be paired with an experienced lawyer that will review your case and determine how to proceed in the matter. We have been doing precisely that for the past ten years and beyond. When you need experienced legal representation from a professional dedicated to seeing your case through to the end, there may be no better firm to turn to for the help you need. Our lead attorney has been identified as one of the state’s Top 40 Under 40 trial lawyers. In addition, we are proud members of the Million Dollar Advocates Forum and the National Association of Trial Lawyers. We have worked hard to make ourselves a viable commodity to our clients, and our efforts have yet to be proven unsuccessful. You should not hesitate to call our office at your earliest convenience for the upstanding, unwavering legal representation you need and deserve.

Contact a car accident lawyer to learn more about texting while driving accidents.

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Car Accident Attorney | Multi-Vehicle Accidents

When multiple vehicles are involved in a single accident, there is great potential for serious injury, wrongful death, and property damage. Unfortunately, multi-vehicle accidents are not uncommon; in fact, they are frequent. Therefore, victims of accidents need to make sure that they are properly protected as their case goes to court or they attempt to file an insurance claim of any sort. “Pile-ups” of this nature need to be attended to by a professional attorney who has previously handled cases of this sort. These accidents generally occur on high impact, at excessive speeds, and on dangerous routes such as state highways and freeways. Among traffic offenses and accidents in the nation, multi-vehicle collisions are some of the most deadly. As such, they deserve to be addressed by a professional with legal acumen and experience that cannot be rivaled by any other in the field.

Any number of causes may have led to your multi-vehicle accident, including following too close behind another vehicle, failing to adjust to adverse road conditions, and inability to drive safely in poor visibility. One of the most important aspects of accidents of this nature is determining whether or not the collision could have been avoided. When it is ruled that it could have been, the best thing to do is immediately involve a car accident attorney in your case. In so doing, you will be taking the steps necessary to ensure that your case is adequately represented by a professional with the experience it takes to address matters of this nature in the most effective way possible.

Attorney for Multi-Vehicle Accidents in Texas
No matter how many vehicles were involved in your multi-vehicle accident, the most important factor is that it was unnecessarily caused by another’s irresponsible driving behavior. Whether your case involved two vehicles or twelve, if a distracted driver initially caused it, a driver breaking the law or a defective auto product, then you have reasonable cause to make a legal claim. Perhaps the best way to do this is by employing the legal efforts of an attorney from our firm. At our Law Group, we are professionals skilled in the legal representation of auto accidents in the state of Texas. We have been successfully representing cases of this nature for over ten years and are prepared to take on yours next.

When an associate from our firm sets to work on your case, you will benefit from the skills of a professional named as one of the Top 40 Under 40 trial lawyers in Texas. With the support of our firm, you can rest assured that your case will be handled in the most efficient way possible, employing whatever means necessary to yield the positive results you are looking for. Successful recovery of your case is just as much of a priority for us as it is for you, so you can feel confident in the services you will be provided when you choose to work with an associate from our firm.

Contact a multi-vehicle accident lawyer from our firm to learn more about your case.

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Uninsured Motorist Claims | Car Accident Attorney

After an accident, one of the most important things to do is file a report to your insurance company. Any other drivers involved in the accident will also need to file reports in a similar manner. However, when your auto accident involves an uninsured motorist the road ahead of you could be tough. Uninsured motorists are drivers who have not taken the proper care to obtain vehicle insurance. This means that they are driving around without liability coverage – a situation that could be quite problematic when an accident of any nature occurs. The Insurance Research Council has estimated that close to 15% of all car collisions in the U.S. will involve an uninsured motorist, making the aftermath of an accident all the more difficult to handle.

In all 50 states, Texas is ranked ninth among the states with the highest number of uninsured motorists driving around on city streets and highway roads. Furthermore, it has been estimated that little over 20% of all motorists in the state are driving around uninsured. If you are not one of these drivers and you have taken the proper care to obtain the automobile insurance you need, you may believe that these statistics are inapplicable to your case. However, if you are involved in a car accident with an uninsured motorist, then you could be in for serious issues. The motorist responsible for an accident is expected to pay for the damages and injuries that result. However, when that motorist does not have the proper insurance coverage, it can be beyond difficult for them to meet the financial expectations of the law.

Making an Uninsured Motorist Claim in Texas
Suppose you were involved in an accident that was caused by an uninsured motorist in the state. In that case, you will undoubtedly require the experienced representation of a car accident attorney from our Law Group. Depending on the conditions stipulated in your auto insurance coverage, you may already have protection designed within your coverage to protect you if an uninsured motorist accident. Coverage of this sort will allow for payment of the damages that the other person’s insurance should cover.

After being hit and/or injured in an accident caused by an uninsured motorist, you will greatly benefit from utilizing the legal skills of the attorneys at our firm. We have spent the last ten years developing fool-proof ways to protect the safety of the clients we serve and make sure that their rights are not taken advantage of by any other motor vehicle operator on the road. When it comes to auto accidents, we have the skills and legal means necessary to help you through filing an uninsured motorist claim, taking your case to a court or whatever else your case may require.

For more information about how we can help you file a claim, contact a Car Accident Attorney | Auto Accident Lawyer
Get the legal help you need. Contact our Law Group today!

Our Law Group is unlike any other when it comes to applying skillful legal representation to the cases of victims of car accidents in the state of Texas. When you work with a car accident lawyer from our firm you will be paired with an attorney recognized by both state and national associations, including the Million Dollar Advocates Forum and The National Trial Lawyers Association. Nowhere else will you find the same degree of personal attention and invested care as what will be provided to you when you choose to work with an attorney from our firm. Here, we pride ourselves on successfully obtaining compensation for the clients we serve, and we have been successful in all of our legal endeavors to do so. Victims of auto, motorcycle, bicycle and pedestrian accidents can find the steadfast legal representation they need when they decide to work with our firm in the legal pursuit of their case.

Areas of Practice
We have taken extra care to ensure that our services encompass a wide variety of practice areas, including more obscure areas that other firms might be hesitant to take on. From cases involving auto product liability to uninsured motorist claims, we cover it all and do so with the utmost legal attention and skill. Our team’s goal is to ensure that our clients leave satisfied with the services we provide, and we will do everything in our power to ensure that nothing short of the best legal representation is provided to those in need. For all of your legal needs, we are here for you; our representation includes cases involving multi-vehicle accidents, single-vehicle accidents and collisions of every other nature.

When it comes to motor vehicle accidents, several different scenarios may arise; fortunately, we are prepared to handle whatever comes our way. Over the past ten years, we have successfully represented the victims of head-on accidents, rear-end accidents, 18-wheeler accidents and so much more. We recognize that these accidents may have caused a great deal of injury to the victims involved, and it is our mission to ease the pain that has been suffered in incidents of this nature. The causes of car accidents are vast, including DWI and texting while driving, which are both matters we are prepared to handle with aggression if necessary. We are 100% dedicated to seeing your case through to the end, and we will employ the reasonable means necessary to ensure that your case is brought to a close with success.

If you are wondering, “do I have a case?” we are here to give you the answer. As soon as you call our firm, we can get to work for you, reviewing the incidents specific to your accident and determining how to best move forward with legal representation for your case. At all times, it is our goal to meet, if not exceed, our clients’ expectations. This includes ensuring that your rights and well-being are always at the forefront of our decision-making process. Where others have failed to produce favorable results, we have done so with ease and are ready to put our auto accident skills to work for you next. It takes only one phone call to our firm to be paired up with an attorney that has proven their honor as a top lawyer of Texas time and again, so we encourage you to call our firm today.

Act now! Contact a car accident attorney from our Law Group today!

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After an accident, one of the most important things to do is file a report to your insurance company. Any other drivers involved in the accident will also need to file reports similarly. However, the road ahead could be tough when your auto accident involves an uninsured motorist. Uninsured motorists are drivers who have not taken the proper care to obtain vehicle insurance. This means they are driving around without liability coverage – a situation that could be quite problematic when an accident of any nature occurs. The Insurance Research Council has estimated that close to 15% of all car collisions in the U.S. will involve an uninsured motorist, making the aftermath of an accident all the more difficult to handle.

In all 50 states, Texas is ranked ninth among the states with the highest number of uninsured motorists driving around on city streets and highway roads. Furthermore, it has been estimated that little over 20% of all motorists in the state are driving around uninsured. If you are not one of these drivers and you have taken the proper care to obtain the automobile insurance you need, you may believe that these statistics are inapplicable to your case. However, if you are involved in a car accident with an uninsured motorist, then you could be in for serious issues. The motorist responsible for an accident must pay for the damages and injuries. However, when a motorist does not have the proper insurance coverage, it can be difficult for them to meet the financial expectations of the law.

Making an Uninsured Motorist Claim Texas
Suppose you were involved in an accident caused by an uninsured motorist in the state. In that case, you will undoubtedly require the experienced representation of a car accident attorney from our Law Group. Depending on the conditions stipulated in your auto insurance coverage, you may already have protection designed within your coverage to protect you if an uninsured motorist accident. Coverage of this sort will allow for payment of the damages that the other person’s insurance should cover.

After being hit and/or injured in an accident caused by an uninsured motorist, you will greatly benefit from utilizing the legal skills of the attorneys at our firm. We have spent the last ten years developing fool-proof ways to protect the safety of the clients we serve and ensure that their rights are not taken advantage of by any other motor vehicle operator on the road. When it comes to auto accidents, we have the skills and legal means necessary to help guide you through the process of filing an uninsured motorist claim, taking your case, to court or whatever else your case may require.

For more information about how we can help you file a claim, contact an uninsured motorist lawyer from our firm as soon as possible.

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Important tips to help you get the best from your attorney:

THE #1 RULE – STOP TALKING
Car accidents, especially personal injuries, can leave a person feeling alone and helpless. That’s not the case. You have people capable and willing to help you through this difficult time.

However, refrain from discussing your accident wherever possible until you speak with your attorney. It’s too easy to speak about the experience to others. When necessary, speak with a trusted family member or friend in private. These are not conversations to have opened in a restaurant or public place.

It is possible to jeopardize your case by volunteering information that may not be completely accurate. A car accident injury attorney is there to assist you through your accident and injury wherever possible. Use your free consultation to speak with your attorney as soon as possible.

Years ago a neighbor came home after a car accident and discussed the experience with another neighbor. The second neighbor gossiped about the accident. One of those she reached was a person directly involved in the case. That little bit of information, even though it was hearsay, caused a tremendous problem that almost lost the case.

THREE DAY REST
Auto or motorcycle and truck accidents are each traumatic no matter how severe or what level of property damage may occur.

Even when no noticeable injury occurs, a person who sees that a crash is imminent subconsciously tightens muscles to stop the body from moving into the crash.

Full body aches and pains often appear within three days after a crash. Although this doesn’t happen to everyone, it happens to most people who are actively involved in car accidents. In some cases, the pain is so severe that it can mimic a broken bone. See your doctor as often as you need, especially during the first few weeks.

Your car accident and injury attorney can help guide you regarding doctor bills and insurance. Ask how these two items are best handled so they do not become a burden to you.

INSURANCE COMPANIES
No insurance company is your friend.
No adjuster or insurance agent is your friend.

And yet when you speak to an agent or when one visits you after an accident, it will appear they just want to see you well and made whole again. That is the purpose of insurance…..to make you whole again.

However, the insurance company is a business first.
Any information you volunteer is kept on file.
When that information is helpful to the insurance company and hurtful to you, it will be used against you.

Do not volunteer recorded conversations until you have spoken to your attorney.

In most cases, an insurance company will stop speaking with you directly when you tell them that you have retained an attorney.

DON’T SIGN ANYTHING YET
A statute of limitations requires you to settle property and medical claims or lose the rights to those actions. Statutes change, but they are in terms of years, so check with your attorney, but don’t panic. There is no need to rush a signature to settle an account. Ask why an insurance agent would need to push you to settle an account just to get you a little money now. In most cases the attorney or the doctor or both will allow deferred payments.

EVALUATE YOUR ATTORNEY IMMEDIATELY
Make use of your confidential and no-cost consultation immediately.
You will determine how well you like your attorney during a consultation and how you feel you can trust your attorney. That’s important to you and the attorney.

KNOW YOUR RIGHTS
This is not the time to wait. You can ask an attorney what rights you have that protect you from losing much during a car crash, especially when injuries are involved. Your car accident injury attorney knows the area well, local customs and laws, and how to make the legal system more efficient for you and your well-being. Call us now.

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Our city has a booming economy that is growing quickly. With all growth comes growing pains. With the increase of people comes an increase in accidents, and before you know it, you could find yourself on the wrong side of one. If you ever do find yourself in that difficult situation, the first thing to do is establish fault. The person who is at fault will carry the burden of liability, they are also the person who will experience the increase in premiums. After a car or truck accident, just how do you establish fault? I have a few tips that might help you out.

1. What Happened Before the Accident?
If you have been rear-ended, the other driver is more than likely at fault, but what about other scenarios? It can be difficult to determine fault, but if the other driver was swerving, speeding, or using their cell phone while they were driving, that could be a clear indicator of fault. If you saw the other driver doing any of these things before a car accident, then notify the officer on the scene immediately. If not, then make sure you note the activity you saw them involved in and give it to your attorney when you meet with them.

2. Are There Any Witnesses?
If you are lucky, some people saw what transpired before your cars collided. They might have seen the other driver engaged in reckless activities and may be willing to speak out on your behalf. Make sure you get a phone number and email address where they can be reached in case you need them to make a statement. This will be very helpful in arguing your case against the insurance company.

3. Was the Driver Ticketed?
If an officer on the scene wrote the other driver a ticket, then the other person violated traffic law. This violation could be what led to the accident. The officer might have even named the other driver at fault on the ticket, so make sure you have all of that information to present to your attorney. If there was no officer present, then notate if you saw the other driver violate any laws.

4. How Did the Other Driver React?
The moments after an accident are jarring, and the other driver may admit they were at fault without realizing it. If they comment that they didn’t see you or apologize, then they are admitting fault, and you should note exactly what they said and at what time. Taking the necessary action could make the difference between dealing with an insurance increase.

Regardless of who is at fault, you must contact a lawyer immediately after the accident. Your lawyer will ensure that all your questions are answered and that you aren’t blindsided into saying something you wish you hadn’t by the insurance company. Contact our experienced personal injury lawyers today, who will fight for your rights and ensure you get the car accident settlements you deserve.

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Dog bites – facts and figures

4.5 million people are bitten by dogs each year.

885,000 people (20% of all dog bite victims) require medical attention from dog bites.

359,000 people (50% of all dog bite victims) are children.

27,000 victims of dog bites undergo reconstructive surgery each year.

In one year alone, thirty-one people died from a dog attack in the United States. Homeowner liability insurance companies paid over $483 million to dog-bite victims that year.

The average amount paid per dog bite claim was $28,035.

46.3 percent of U.S. households own a dog.

85.2% of dog bite victims had no prior relationship with the dog.

87.1% of dog bites occur without an able-bodied person present to intervene.

77.4% of dog bite victims cannot defend themselves against a dog based on the victim’s age or physical condition.

Texas was ranked 7th in the country for the highest number of dog bite claims.

775 insurance claims were filed in Texas in one year alone.

Texas insurance companies paid out 15 million dollars for one year.

Texas leads the nation in Fatal Dog Attacks.

34 dog bite fatalities were reported in Texas in 9 years.

Pitbulls were responsible for 26 fatal attacks in the State of Texas.

Rottweilers caused 5 fatal attacks in the State of Texas.

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It happens all of the time. Too many car accident victims listen to poor advice from misinformed family members and friends. Although they have good intentions, the bad advice you hear from non-lawyers can destroy your case causing you to get no money or less money than you deserve. Once this damage is done your attorney will be able to do little to help you. This article will provide you with the information you need to avoid many of the common mistakes.

Why is it so easy for accident victims to damage their own car accident cases?

The primary reason that it is so easy for you to damage your own car accident case is due to the fact that the process was specifically designed to work that way by the car insurance companies. There are certain rules that the insurance companies must abide by as set forth by State law. These rules determine much of the way that an insurance company is allowed to communicate with the accident victim, but the rules fall short and leave a large portion of the process open to interpretation. The insurance companies use this to their advantage.

To summarize, the insurance companies can technically play by the rules (meaning they are not breaking any laws), but they can still deny your claim or reduce the amount of financial compensation that you receive based entirely on a technicality that they have complete control over.

If you think “That’s not fair!” We agree with you.

How an attorney can help you!

Now that you have a better understanding of how the insurance companies are able to get away with some of the tricks that they pull, you are probably left wondering, “How can an attorney help?”

There are many misconceptions about “how” a law firm helps you win your case. For some reason, most attorneys have always operated in relative obscurity as if they did not want to reveal their techniques. On the contrary, our firm feels that it is important for our clients to understand all of the hard work that we are doing for them. With that in mind, we offer this explanation: The way that an experienced attorney helps you win a car accident case is by understanding the tricks that the insurance companies use, and beating them at their own game.

It’s really that simple, or that complicated depending on your attorney’s level of experience. Our firm knows the techniques that the insurance companies use and we know how to navigate through the process and avoid all of the pitfalls.

Arguments, techniques, and technicalities exploited by the insurance companies

You may be asking yourself, “So what exactly are these tricks that the insurance companies use?”

Here are a few examples:

1. Anything you say can be used against you

When you speak to an insurance company representative, everything that you say can and most likely will be used against you, if at all possible. It is human nature for us to change our stories ever so slightly if we are asked the same question in a different way–and I am not talking about lying. Being asked for new information or being asked to explain the same event but from a different point of view causes us to think about events and circumstances in a different way. This brings to light new information that, in the big picture, does not change the events of your accident, that is, until the insurance company twists your words in an effort to deny or reduce your claim.

As an example, let’s imagine that you were in an accident where you were rear-ended. While talking to the responsible party’s insurance company they ask you to explain your side of the story. You explain that their insured driver hit your vehicle from behind while you were slowing for traffic. Under Texas law that would mean that their insured driver is at fault, aside from a few extreme situations. The adjuster may ask you, “So they were following you too closely?” Naturally you would agree with that statement as the whole reason that the accident happened is that they did not leave enough braking distance to stop without hitting you. The insurance adjuster might then ask you if it was making you angry that they were following you so closely. Naturally you will reply, “Yes!” Their next question may be “Do you normally stop early so that you avoid hitting the car in front of you?” Naturally, you say “Yes.” What you do not realize is that they just got you to admit that “stopped early”. You inadvertently opened the door for them to accuse you of “brake checking” the other car. You admitted you were angry that they followed you too closely. You admitted that you “stopped early”. All the adjuster must do is catch you off guard with an accusation, and you just accidentally destroyed your own case.

An attorney will help you avoid all of this nonsense by speaking to the insurance company on your behalf, thereby eliminating the possibility that they can use your words against you altogether.

2. They ask you to repeat everything

Each time you call to check the status of your claim you will probably notice that you find yourself explaining your story over and over again, and that the call is often taken by a different person than your adjuster. This is not a coincidence. This is yet another part of the above-mentioned strategy. They are creating an opportunity for you to slip up and say anything that they can use against you.

On the contrary, when you have an attorney, one single adjuster will communicate with the attorney, thereby eliminating the effectiveness of this technique.

3. Lapse of treatment

A common argument used by the insurance companies is that you waited too long after the accident to get treatment for your injuries. This is known as a “lapse of treatment” argument. For example: You are involved in an accident where the other driver rear-ended you and a witness corroborates your story. Clearly the other driver at fault so their insurance company isn’t going to argue liability (in theory). They accept liability and now their new mission is to pay you as little as possible. The insurance company discovers that you waited two days after your accident before you went to see a doctor. While you and I know that is a reasonable time period, as most injuries do not fully manifest themselves immediately after an accident, the insurance adjuster will insist that this lapse of treatment is an indication that your injuries are less severe than you claim. This creates a perfect opportunity for the insurance company to trivialize your injuries and offer you a ridiculously low offer.

An experienced attorney will establish a causal link between your injuries and the accident that would be quite challenging for the insurance company to refute.

4. Lack of police report

If you did not call the police to come to the scene after your car accident you are playing right into the insurance company’s hand. This creates a situation where it is your word against the other driver’s, and believe me when I tell you that you would be shocked to discover just how many people will lie about their liability in a car accident. If you do not have a police report that shows the other driver to be at fault, the insurance company can certainly use that against you. This goes back to the issue of the insurance company having a lot of freedom in interpreting the rules. If there is a police report that shows their driver to be at fault, they will have a hard time arguing against that. But create an opportunity for them to have a reasonable chance at denying liability, and they will certainly take advantage of that.

An experienced attorney knows that even after the accident, there is often physical evidence that shows what really happened. Our firm will often conduct our own investigation that produces a result similar to a police report when one is not available.

An Attorney’s Leverage

With all of that in mind, what makes the insurance company want to play fair with the attorney? Where does the attorney get this “power” from? In The State of Texas, an accident victim has two years from the date of the accident to file a lawsuit. Insurance companies do not want to deal with a lawsuit because it creates an opportunity for them to go before a jury, and, let’s face it, juries are not usually kind to insurance companies. Your attorney will negotiate with the insurance company and attempt to get you the compensation that you deserve. The attorney uses the possibility of a lawsuit as leverage against the insurance company. Your attorney’s presence effectively implies, “Treat my client fair or we will sue you!” Naturally, the effectiveness of that threat is proportionate to the attorneys’ ability to win cases. Our firm wins. The insurance companies are aware of this, and they take us seriously.

In conclusion, the best way to avoid damaging your case is by contacting a lawyer immediately after your car accident, before you ever have an opportunity to fall into an insurance company trap. The experienced car accident attorneys of our Law Office will listen to your story, help you make informed decisions, and guide you through the process toward a favorable outcome. Don’t be a victim twice.

If you have any further questions or would like advice, please contact us for a free consultation. Our attorneys are happy to answer any questions you may have.

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What to Expect After a Kerrville Car Accident

Car accidents happen in Texas every day. This article describes the basic overview of what to expect after a car accident (from the perspective of the accident victim who has sustained an injury).

The process is generally made up of the following phases:

1. The scene of the accident

The car accident itself usually only takes a matter of seconds, but the specific details that occur in these moments will largely determine what to expect in the coming weeks or months. Instead of explaining what you should have done, I will list some of the common mistakes and hopefully, you can take advantage of this information to avoid those pitfalls.

You should always get a copy of the police report. If you fail to a copy of the police report you may create a situation where it comes down to your word against the other driver’s word. A potential client contacted our firm recently and shared a story where that was exactly what happened. His car was crashed into by a pickup truck that lost control when it was driving too fast in the rain. The victim chose not to call the police and a report was not filed. The victim filed a claim with the other driver’s insurance company and they conducted an “investigation”. When the insurance company asked their insured driver he just lied and claimed that another car hit his truck which caused it to spin out of control and crash into the real victim. It was an utter fabrication, but the insurance company used that lie as the basis for denying the victim’s claim all the while claiming that the imaginary 3rd car was to blame and that the victim should track down their insurance company. Let’s get real here. The other driver’s insurance company did not actually think that some mysterious 3rd car caused the accident. They were simply in a position to deny coverage for the victim based on a technicality and they did just that.

Do not trust the other driver. Often, the other driver will try to talk you into accepting payment out of pocket instead of dealing with their insurance company. DO NOT FALL FOR THIS! While the other driver may not have malevolent intentions, it is very likely that they do not have the resources to pay for your property damage and your injuries out of their pocket. Few people have that kind of money lying around, and those that do are usually smart enough to have insurance to protect their assets. Even if you only have minor injuries your medical expenses can still approach several thousands of dollars quite easily, and few people have the assets to properly compensate you for these injuries. Additionally, they may give you an excuse as to why they need to leave the scene, but they promise to meet up with you later to exchange insurance information. You should never allow this to happen. Chances are, you will never see them again.

If you have been injured, go directly to the hospital. Failure to get medical care in a timely fashion will diminish the validity of your assertions of pain and suffering, and it will effectively give the insurance company another argument to make against paying you a reasonable amount of money. Put yourself in the insurance company’s shoes. As far as they see it, if you did not even bother to go to the hospital, you must not have been injured that bad. An experienced car accident lawyer can help you overcome this argument. Nevertheless, this is an argument that you need to be aware of.

2. Treatment

The second phase of the process involves getting the treatment you need for your injuries. Getting your health back on track is the most important aspect of your car accident case for obvious reasons. The way that the treatment phase is handled will also have a dramatic impact on the financial outcome of your case.

As a car accident attorney, I hear countless stories from my clients where a relative has given them some pseudo-legal advice. The vast majority of it is completely inaccurate, but probably the worst example I have ever heard is where a client’s relative advised her not to take an ambulance to the emergency room after her accident (in which she suffered significant injuries) because the ambulance bill would ultimately be taken out of her settlement and she would get less money in her pocket. That is a very skewed perception. Any and all medical bills serve as the foundation for any civil action taken against the responsible driver and their insurance company. In short, the more legitimate medical expenses that you have, the greater the potential value of your case. Conversely, if your medical expenses are too small the insurance company will have a strong argument that your damages are too small to justify any type of decent settlement. The rationale is that if you are not injured badly enough to see a doctor then you are not hurt badly enough to justify an insurance settlement. If you are legitimately injured and you have already let time pass between your accident and treatment, or you have not received enough of the treatment you need to validate your claim, our lawyers still may be able to help you save your case. We recently tried a case in which a young woman was rear-ended and she suffered a back injury. Because she did not get the proper treatment, her severe injury had gone mostly undiagnosed. The insurance company offered her $900 for her pain and suffering. Luckily, the client knew a bad deal when she heard one, and she hired our firm to represent her. By getting her the treatment that she needed, which resulted in substantive medical expenses that we could base her lawsuit on, we were able to turn her $900 offer into a six-figure settlement.

3. Claim

The third step in the process is the claim phase, whereby the accident victim or their attorney will file a claim with the other driver’s insurance company. Technically speaking, the claim will be ongoing at the same time as the treatment phase. For most people, the claim process starts just after the car accident occurs. The vast majority of our car accident clients made an attempt to resolve the issue with the other driver’s insurance company and they turn to us only when they realize that they are not going to be treated fairly. Once a lawyer becomes involved, the accident victim can just focus on getting better and the lawyer will now deal with the hassles of the claim process. The lawyer “runs interference”, so to speak, for their client. This is a great benefit for the client as it insulates the client from the adjuster’s tricks.

The claim is divided into two sections: The property damage claim, and the personal injury claim. They are often handled by two or more different insurance adjusters, of which the more aggressive and experienced adjuster will handle your personal injury claim. There is not a whole lot of “gray area” in the property damage claim. A car will have X value and Y amount of damage. If the cost of repairing the damaged vehicle is reasonably proportionate to the value of the vehicle, the insurance company will fix it. If the cost of repair will cost almost as much as, or more than the value of the car, they will simply deem the car a total loss and cut you a check for the approximate value. While the price they give you is not always fair, the process of determining value is, for the most part regulated and this affords the adjuster few opportunities to play games.

On the contrary, the personal injury portion of the claim is considerably different. The rules are largely open to interpretation and the insurance companies often treat injured victims unfairly. The primary reason for this poor treatment comes from the fact that health care costs a great deal of money. The insurance company, just like any other business, would like to pay out as little as they can. They employ many techniques to keep you from getting all that you are entitled to. In their defense, the insurance companies do have a tricky job in the sense that they have to deal with the abundance of scammers out there, who attempt to lie about their injuries and commit insurance fraud. While that is a daunting task, it most certainly does not excuse the insurance companies from the way they mistreat honest people with real injuries.

4. Property Damage Resolution

Once liability has been determined, the other driver’s insurance company will compensate you for the damage to, or loss of, your vehicle proportionate to the amount of liability that they have. The property damage situation is generally resolved long before the personal injury portion due mostly to the fact that the claims process for property damage is pretty straightforward. Matters related to property damage are more closely regulated by The State, so the insurance companies usually don’t mess around way they do with the injury portion of the claim. As an added benefit to our clients, our lawyers can handle the property damage negotiations as well. We do NOT charge attorney fees for helping with this part of the process.

5. Injury Resolution

The moment the client has completed their medical treatment, our attorneys will calculate all of the client’s damages. The term damages refers to any and all money that a client deserves as a result of the accident. Some types of damages are more apparent such as compensation for medical expenses, lost wages, and pain and suffering. There are other more obscure forms of damages as well. For example, you can be compensated for mental anguish if your accident has caused you to suffer from depression. If your injury has made it hard for you to be intimate with your spouse or partner, you can be compensated for that as well. There are numerous forms of damages, and our lawyers work to make sure that you are compensated for everything that you are entitled to.

Once all of your damages have been assessed, a “demand packet” is sent to the other driver’s insurance company (or their attorneys if applicable). Upon receipt of the demand packet, the negotiations begin and our attorneys fight to reach a fair resolution for our client. If both sides can arrive at a fair agreement the case is “settled”, meaning the defendant or their insurance company pays an agreed-upon amount to our client. If such an agreement can not be reached, then the case will likely go to trial and a jury will decide the outcome.

If you have any further questions related to how car accident cases work, feel free to contact us. Our attorneys are happy to answer any questions you may have.

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Can you really trust an insurance company?

As a car accident attorney, I often hear a phrase: “The insurance adjuster seemed so nice… I thought I could trust them.” Unfortunately, this phrase is always followed by an explanation of how the adjuster has tried to (and in some cases succeeded to) take advantage of the accident victim.

If you have been involved in a car accident, you will likely have to deal with an insurance adjuster at some point in the claims process. The vast majority of our firm’s clients hire us after they have realized that the insurance adjuster is not going to treat them fairly, and or the insurance adjuster is not going to offer them a reasonable settlement. (Note: The sooner a lawyer becomes involved in your case, the greater the likelihood of a high dollar settlement.) More often than not, the accident victim does not realize that they are being taken advantage of until it is much too late because the insurance adjusters are nice to them and the accident victim has no idea that they are being led into a trap.

In my 20 years of practicing this type of law, one thing remains certain:

THE INSURANCE ADJUSTER IS NOT YOUR FRIEND!!!

To put this into perspective I want to share a story that is, unfortunately, a true story about a woman who fell for the “We care about you” act. Her misplaced trust cost her potentially millions of dollars.

For twenty years, I have been trying to help victims who have been involved in 18-wheeler accidents. This work unfortunately puts me in frequent contact with the insurance companies that provide coverage for the trucking industry. I have seen these insurance companies employ countless deceitful tactics to preserve their bottom line, but few cases have stuck with me as long as the story of Jackie.

Jackie was a mother of three, married to her high school sweetheart, Joe. Joe was killed by an 18-wheeler. He was changing a flat tire on the side of the road, when an inattentive 18-wheeler driver swerved onto the shoulder and struck Joe, killing him instantly.

The insurance company providing coverage for this 18 wheeler knew about Joe’s death before Jackie did. They had already sent an attorney and an accident recreation expert to the scene to build a case against Joe by the time Jackie even got the news.

Needless to say, Jackie was devastated when she heard. The insurance company quickly realized that the 18-wheeler driver was liable for the accident. Jackie had gone to the morgue to identify her husband’s body, where she was confronted by an insurance adjuster with a settlement offer. Jackie was furious.

Unfortunately, this is a common tactic employed by insurance companies. They will often send an insurance adjuster to a victim’s family shortly after the incident, hoping to take advantage of the tragedy in order to protect their bottom line. But in this situation, Jackie’s brother forced the insurance adjuster to leave.

Jackie’s brother also suggested that Jackie sue the trucking company. But Jackie said that she was not “money-hungry.” She trusted the insurance company to compensate her fairly. The accident was their client’s fault, after all. Surely they would help her in this crisis.

For two weeks, Jackie received countless phone calls. Eventually, she agreed to meet with an insurance company representative. The insurance adjuster came prepared. She had a settlement package already filled out, ready for Jackie’s signature – and she was very aggressive in seeking it. The adjuster also convinced Jackie that, if she took the trucking company to court, she would only receive compensation for her husband’s lost wages. This, of course, was a bald-faced lie.

Jackie was frightened and overwhelmed. She was faced with the prospect of raising her three children alone. She was suspicious, but she agreed to accept the settlement if she could have it reviewed by an attorney. Without missing a beat, the insurance adjuster got on the phone and brought an attorney to Jackie’s house.

Little did Jackie know that the attorney was employed by the insurance company. He glanced over the settlement and told Jackie that it was the best offer she was going to get. Reluctantly, she signed the settlement.

Only too late did she realize how small the settlement really was. With the help of an experienced attorney, she could have received compensation for her husband’s lost wages, any funeral expenses, the loss of companionship caused by his death, and possibly even punitive damages. She deserved a million-dollar settlement. What she got was a settlement worth only a few years of her husband’s wages. And to make matters worse, the settlement was written in such a way that, once Jackie’s children were grown, her payments dwindled to $600 per month. $600 per month as compensation for the loss of the man she loved.

I wish I could say that this was a one-time incident, but this sort of thing happens every day. The insurance adjuster who essentially scammed Jackie out of the compensation she deserved was likely hailed as a company hero, saving the insurance company millions of dollars.

The bottom line is that these insurance companies care only about their own profits, and they will do almost anything to protect themselves. If you or someone you love has been involved in an 18 wheeler accident, you must seek out an experienced attorney immediately. Don’t fall for the tricks employed by these insurance adjusters. Make sure that you and your family receive the compensation you deserve.

As you can tell from that story, insurance companies will often resort to unscrupulous methods to pay out as little money as they can. I find it interesting that our society can see through a sales pitch, or at least recognize that it is one, yet they rarely second guess the sales pitch of an insurance adjuster.

If you plan to deal with an insurance adjuster without an experienced attorney to help you, you must, at the very least, be aware that the vast majority of what they ask of you and say to you is a well-orchestrated pitch designed to lure you into a position where they can take advantage of your good nature. That effectively, IS, the insurance company’s business model.

I am a realistic attorney and I understand that there are people who would rather not hire a lawyer or sue and an insurance company. Additionally, understand that not every single car accident requires the expertise of an attorney. But, I do think that everyone who has been in a car accident should at least be aware that the insurance adjuster is not really your friend and that all of their supposed interest in your well-being is just part of the sales pitch. Generally speaking, if they are treating you particularly well it’s because they know they have some liability and they are trying to charm you into not suing them for big money while they attempt to pacify you with a small settlement.

In short, get a second opinion from our experienced attorneys before you accept any offer. You’ve got nothing to lose and potentially much to gain.

Just call to speak to one of our lawyers, and we will give you an honest appraisal of the situation as to whether or not you are being treated fairly by the insurance companies. We are glad to answer any questions you may have.

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No one expects to have to go through bankruptcy. People can do their best to stay on top of finances, and when one or more financial emergencies come at them, they find that they have no choice but to look into bankruptcy. If you discover that you are faced with bankruptcy, you can help yourself with the knowledge provided below.

Chapter 13
A personal bankruptcy settlement does not mean your debts are 100 percent discharged every time. Filing Chapter 13 bankruptcy permits you to reorganize your debt load and repay your creditors at least some of what they are owed. Some people are hesitant to file bankruptcy because they feel obligated to live up to the promises they have made to their creditors. When you file Chapter 13, you can still work with creditors to pay a portion of your debt without crushing under an overwhelming amount of debt.

TIP! As filing bankruptcy becomes more of a reality, don’t use your entire savings or your retirement funds to pay creditors or attempt to resolve insolvency. Don’t touch retirement accounts unless you don’t have a choice.

Try your best to keep a good credit record. Only file for personal bankruptcy if there is no other option. Lots of companies will settle for much less than the debt you owe, or at least come up with an affordable repayment solution. Avoiding bankruptcy is great for your credit score and can also be a money-saver. Also, prior to filing, looking into debt consolidation loans.

To rebuild your credit after filing for bankruptcy, try opening new credit lines. This could be challenging because of your damaged credit, but you can start with secured credit cards first. These cards often charge very high rates, but you are likely to pay a higher rate, regardless of the source of your credit. You will be better able to obtain loans and other forms of credit if you actively rebuild your credit and keep it in good standing.

Credit History
TIP! Ensure that you are providing genuine details when filing a bankruptcy petition, because honesty is the best policy when dealing with bankruptcy. You might feel tempted to not declare certain assets in your bankruptcy in order to protect them from forfeiture, but if you’re found out, the process could take longer, or worse, you might be banned from filing for bankruptcy completely.

Before you file for bankruptcy, carefully consider if it is the right option for you. Consider any other options that are available to you, such as consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.

It’s not going to be fun and it’s not going to be easy, but you can simplify the process if you’re reading the right information. The process will get easier as you learn all you can. The above article has provided a lot of this knowledge so that you’re able to deal with your finances with less stress.

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Reasons Why Personal Bankruptcy Might Be Your Best Option

You should know that you are not alone if you feel overwhelmed by debt. In a quick amount of time, you can go from being in a tiny bit of debt to a situation that suddenly spirals out of control. Unfortunately, this problem is difficult to fix, once you realize you have it. Read on to find tips, insight, and valuable information for clearing your debt and getting a firm grasp on your finances.

Do not use a credit card to pay income taxes and then file for bankruptcy. The fact is that the credit card debt will be ineligible for discharge, and your tax debt may increase. In most cases, you can use the adage that “a dischargeable tax is a dischargeable debt.” This means using a credit card is not necessary when it will just be discharged.

TIP! If you are faced with the choice of filing for bankruptcy or using your emergency fund or retirement accounts to pay creditors, opt to file for bankruptcy. Unless there is no other choice a retirement account should not be used.

Think through your decision to file for bankruptcy carefully before going ahead with it. There are plenty of other options open to you, like consumer credit counseling. Since your credit history will forever note the bankruptcy, you want to make sure that you have tried everything else before you take an action such as this, in order to minimize the effect it will have with regard to your credit history.

Make sure you keep reminding your attorney about any important details in your case. Don’t assume that they will recall every detail that you go over with them without a friendly reminder. Remember that you’re the boss. You’re paying your lawyer, so you should not be afraid to have your say. After all, the quality of your life hangs in the balance.

Do not give up. You might even be able to get back secured property that has been repossessed in the 90 days before filing. If the property you own has been repossessed under 90 days before the bankruptcy filing, you may still be able to get it back. Consult with a lawyer who can advise you on what you need to do to file a petition.

TIP! If you know people who have filed for bankruptcy, ask them who they would recommend rather than relying on Internet reviews or worse, just randomly picking someone out of the phone book. There are plenty of companies who know how to take advantage of people who seem desperate, and it’s important to be sure your bankruptcy can go smoothly; take your time and choose someone you can trust.

There are certain life events that you have no control over. When you’re ready to proceed with filing, the above tips should provide a few solid guidelines to follow. Make sure that you don’t take them for granted. Use this information to make a fresh start!

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Too Many Bills? Too Little Money? Consider Personal Bankruptcy

If you are considering filing for bankruptcy, your life probably hasn’t been so great recently, but that doesn’t mean things can’t improve once you file. You are being given the opportunity to start again with a debt-free slate. Don’t look at it as the end of the world; read this article to help you determine how your life will be enhanced by bankruptcy.

If bankruptcy is an option for you, secure the services of an attorney. With all the ins and outs of bankruptcies, it can be hard to grasp all the knowledge. Personal bankruptcy attorneys can help make sure everything is done properly.

Use your attorney’s advice in choosing the type of bankruptcy that will be the best choice for you. There are many different types of bankruptcy. Get as much information as you can about each type of bankruptcy prior to your filing. You are going to have to figure this out for yourself and make a determination on your financial situation.

TIP! If you’re unsure, then you need to learn what a Chapter 7 bankruptcy can do for you, as opposed to what Chapter 13 does. Research both types of bankruptcy online, and weigh the positives and negatives each would offer you.

During your journey towards bankruptcy, you’re likely to talk to many of your creditors. If a creditor will agree to cut a deal with you, be sure to get a confirmation in writing. Your case can be greatly affected by agreements you can come to with debtors, so be sure you obtain any records regarding these agreements.

Just because you got alternative employment just prior to filing should not make a difference to your plans. Bankruptcy could still be your best option. Choosing to file can impact you well. If you get your filing posted before you start gaining new income, your means of repayment will be evaluated without taking it into account.

TIP! Remember to only file for bankruptcy if you need to. Perhaps consolidating your existing debt can make it easier to manage.

When you file for personal bankruptcy, it does not necessarily mean that all of your debts will be discharged. For instance, Chapter 13 allows you to plan a payment plan and to pay back your debt over the next five years. Most people think paying off their debts is a moral obligation, so avoid filing bankruptcy. With Chapter 13, people can escape their debts, but can still make good on what they owe to creditors.

Take a look at all of your financial options before filing for personal bankruptcy. Credit counseling is one option you should consider. Various non-profit companies are out there to give you assistance. They will liaise with those you owe money to and try to get better payment options opened to you. You’ll make your payments to the company, and the company will pay off your creditors.

Remember that just because you have filed for personal bankruptcy it will not cause you to lose everything you own. You get to keep your personal property. In other words, your clothes, your television, your computer, your furniture, your jewelry, and other household items are safe. Your current state’s laws, deciding between Chapter 7 or 13, and your current financial position will determine just how much you get to keep.

TIP! You may have heard bankruptcy referred to differently, either as Chapter 7 or Chapter 13. Learn the differences between the two before filing.

As mentioned earlier, the events that drive anyone to declare financial bankruptcy are not a happy story. Life after bankruptcy can be normal and happy. Actually, your life can become much better by following the advice presented here and moving forward past bankruptcy.

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Tips And Hints On Filing For Personal Bankruptcy

The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. With a clean slate, it is possible to start over both financially and personally. Read this article to learn how bankruptcy is a constructive, not destructive, process in reshaping your financial situation.

Know the rights that you have as you file for bankruptcy. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support and alimony payments. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.

TIP! Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. There are many pitfalls you can easily fall into, such as transferring away assets to prevent them from being included in the filing.

Research your state’s bankruptcy laws before filing your petition. The code governing personal bankruptcy is a complex area that is subject to much misunderstanding. Mistakes can also have your case dismissed. Spend some time learning about personal bankruptcy. This will make things easier in the long run.

Never take big cash advances from the credit cards that you own prior to filing for bankruptcy, even though you know that the debt will be erased. This could be considered fraud, and you may even be forced in paying all of it back to credit card companies.

Exercise some caution in repaying your debts when you know a bankruptcy filing in your future. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Make sure you have a complete understanding of what is occurring prior to making any final decisions.

TIP! Exhaust all other options prior to filing personal bankruptcy. You might want to look into the possibility of credit counseling instead.

It is possible that a bankruptcy might actually be smarter over the long term than struggling month to month with consistently late or missing payments. Though bankruptcies can remain on your credit record for 10 years, it is possible to begin credit repair initiatives immediately. This is why people call bankruptcy a fresh start.

After filing for bankruptcy, many individuals vow they will avoid the use of credit cards and all forms of credit. This may not be such a great idea because you still need credit to help build better credit. If you do not rebuild your credit rating, you will not be able to buy a car or a home on credit again. Keep it simple with one card and take a slow approach to rebuilding.

As stated before, unhappy events may have led you to declare bankruptcy. But, that does not mean that your post-bankruptcy life cannot be fantastic. The truth is, that by using the tips in this piece, it is possible to make bankruptcy a positive experience that gives you the fresh start you need.

TIP! You need to start getting responsible with your money even before you file for bankruptcy. In other words, you do not want to waste your efforts by starting to ring up more and more debt.

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Shedding Light On The Steps For Bankruptcy

There is not much scarier than a mountain of debt. Once you realize how much in debt you are, it can make you lose your focus on everything else in life. It’s unfortunate that once out of control, debt problems are very difficult to resolve. Continue reading to learn great advice to help you understand what you need to know about bankruptcy and debt.

Learn the differences between Chapter 7 and Chapter 13 bankruptcies. In Chapter 7 most of your outstanding accounts will essentially be erased. All the things that tie you to creditors will go away. With a Chapter 13 bankruptcy, you will have to make payments for 5 years before the debts are forgiven. Look into both types of bankruptcy before deciding which one would suit your particular needs.

Bankruptcy can be a good time to spend time with people you love. The process of bankruptcy can seem brutal. It’s generally stressful, lengthy and can make people feel guilty, ashamed, and unworthy. Some folks tend to stay in the shadows until their case has concluded. However, becoming a hermit will only increase feelings of self-doubt and could make you depressed. Because of this, you need to make sure you spend as much time as you can with your family and friends, even if you are ashamed of your finances.

TIP! Do not file for bankruptcy if your income is greater than your bills. Though bankruptcy may appear to be a good way to escape your debts, it does affect your credit negatively for a fairly long time.

Do not use the word “shame”, if you go bankrupt. Going through the filing process often brings out the worst in people, causing them to feel a variety of negative emotions. Do not let these negative feelings influence your decision. Having the right outlook during a tough financial upheaval is a great attitude in coping with bankruptcy.

Facing bankruptcy is a negative situation that can bring on stress. Working with a good bankruptcy lawyer can help make the process a lot smoother and less stressful for you. Try not to pick a lawyer based on cost alone. While the person you select does not have to cost the most, they should be competent and reliable. You can get good information about attorneys from friends, the internet, and free consultations that most attorneys provide. You might be able to view a court hearing. You might be able to watch how your prospective attorney handles the case.

Don’t wait until the last minute to file bankruptcy. Do not avoid your creditors; they will not go away. It is important to decide on a course of action as soon as you begin experiencing financial problems. If you have failed to make payments for several months but have continued making purchases on credit, your petition may be denied. As soon as you realize your debts far outweigh your income, call a bankruptcy lawyer to talk about what your choices are.

TIP! Do some research about bankruptcy laws before filing for bankruptcy. For instance, you are not allowed to move assets from your name to someone else’s for a year before you file.

There are times when the events of life can be quite overwhelming and you can feel quite helpless. This article just gave you a few good pointers on what you can do in order to gain control of your finances when facing bankruptcy. Use these tips to see positive life changes.

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Techniques For Getting The Most Out Of Filing Bankruptcy

It’s normal to feel angry and frustrated when going through bankruptcy. People going through bankruptcy worry about living in debt while trying to survive. You will find there is help, and it is called bankruptcy.

One critical element for anyone filing a petition for bankruptcy is, to be honest in everything you do. Resisting the temptation to hide income or valuable assets from the bankruptcy trustee is a smart way to avoid potential complications, penalties, and the possibility of being barred from re-filing in the future.

Prior to putting in the bankruptcy paperwork, determine what assets are protected from seizure. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. Make sure to review the list before filing a claim so you know if your valuables will be subject to seizure. If you fail to do so, things could get ugly.

TIP! You can find a wealth of information concerning personal bankruptcy by searching for websites that offer information about it. Run a quick Internet search to find out all the different agencies you should be contacting or visiting via the web to find out what you can.

Don’t ever pay a bankruptcy attorney for a consultation, and ask a lot of questions. You can meet with a few lawyers before deciding on one. Most lawyers provide a free initial consultation. Choose to file only if your lawyer has convinced you that this is the best decision. You don’t need to decide what to do right away. Consulting with several attorneys will also help you find someone you trust.

Find out more about Chapter 13. If you are receiving money on a regular basis and your unsecured debt is under $250,000, you may be able to file Chapter 13 bankruptcy. This will allow you to keep your personal property and real estate and repay your debts via a debt consolidation plan. Expect to make payments for up to 5 years before your unsecured debts are discharged. Keep in mind that missed payments will trigger the dismissal of your case.

TIP! Before you file for bankruptcy, carefully consider if it is the right option for you. You have better options.

If your earnings are higher than your expenses then filing for bankruptcy is a waste of time and money. Although bankruptcy may feel like a simple method of getting out of your large debt, it leaves a permanent mark on your credit history for up to 10 years.

Look into all of your options before you choose to file for bankruptcy. Find out if you can receive a reduced interest rate or altered repayment plan instead of the bankruptcy filing. If you are about to lose your house, talk to your lender about a loan modification. These plans allow you a longer pay off period by extending the term of the loan, reducing the rate of interest, or forgiving late fees. When all is said and done, the creditors want their money, so sometimes it’s best to deal with a repayment plan than with a bankruptcy debtor.

This article has, hopefully, taught you that bankruptcy does not mean life is over. While filing for bankruptcy is initially an emotional downer, things will improve. Put the information you have found in this article to use so that you can have a very successful bankruptcy.

TIP! Use a personally recommended bankruptcy attorney instead of one found through the Internet or phone books. Don’t be taken in by some fly-by-night company that exists only to profit from the suffering of others.

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Tips And Hints On Filing For Personal Bankruptcy

The circumstances that culminate in a bankruptcy filing are likely unpleasant, though they do not need to define the rest of your life. With a clean slate, it is possible to start over both financially and personally. Read this article to learn how bankruptcy is a constructive, not destructive, process in reshaping your financial situation.

Know the rights that you have as you file for bankruptcy. Occasionally, debt collectors will attempt to convince you that your debt isn’t eligible for bankruptcy. There are, indeed, some debts that cannot be bankrupted. Among them are student loans, child support, and alimony payments. If any debt collectors tell you that their debts can’t be bankrupted, make a report with your state attorney general.

TIP! Be certain to have a good understanding of bankruptcy regulations prior to filing a petition. There are many pitfalls you can easily fall into, such as transferring away assets to prevent them from being included in the filing.

Research your state’s bankruptcy laws before filing your petition. The code governing personal bankruptcy is a complex area that is subject to much misunderstanding. Mistakes can also have your case dismissed. Spend some time learning about personal bankruptcy. This will make things easier in the long run.

Never take big cash advances from the credit cards that you own prior to filing for bankruptcy, even though you know that the debt will be erased. This could be considered fraud, and you may even be forced in paying all of it back to credit card companies.

Exercise some caution in repaying your debts when you know a bankruptcy filing in your future. Find out from a bankruptcy attorney what a court needs to see as a cut off date for the last time you pay anyone you owe money to. Make sure you have a complete understanding of what is occurring prior to making any final decisions.

TIP! Exhaust all other options prior to filing personal bankruptcy. You might want to look into the possibility of credit counseling instead.

It is possible that a bankruptcy might actually be smarter over the long term than struggling month to month with consistently late or missing payments. Though bankruptcies can remain on your credit record for 10 years, it is possible to begin credit repair initiatives immediately. This is why people call bankruptcy a fresh start.

After filing for bankruptcy, many individuals vow they will avoid the use of credit cards and all forms of credit. This may not be such a great idea because you still need credit to help build better credit. If you do not rebuild your credit rating, you will not be able to buy a car or a home on credit again. Keep it simple with one card and take a slow approach to rebuilding.

As stated before, unhappy events may have led you to declare bankruptcy. But, that does not mean that your post-bankruptcy life cannot be fantastic. The truth is, that by using the tips in this piece, it is possible to make bankruptcy a positive experience that gives you the fresh start you need.

TIP! You need to start getting responsible with your money even before you file for bankruptcy. In other words, you do not want to waste your efforts here by starting to ring up more and more debt.

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What You Need To Know About Personal Bankruptcy Now

If your financial situation is really bad and you’re looking at bankruptcy, then stop worrying. There are many effective ways to help yourself get back on your feet financially so you do not have to file for bankruptcy. Continue on for some excellent tips that will help you avoid filing for bankruptcy.

Don’t feel embarrassed because you are seeking bankruptcy. It is common for people to feel as if filing for bankruptcy is a symbol of failure. This can cause depression. It is best to view bankruptcy as a new beginning to your financial life, rather than a failure.

Don’t file for bankruptcy on a whim; do your due diligence first. Check your state’s bankruptcy laws to find out what types of property you may be able to retain and what types of debt can be included in your bankruptcy petition. Some debts like non-essential items you charged on your credit card within the past 90 days before declaring bankruptcy cannot be discharged. Make certain to review your state-specific laws.

TIP! Look for a local bankruptcy lawyer who has an excellent reputation. Ask if you can get a free consultation to find out if bankruptcy is the best option.

Some consumers filing for personal bankruptcy think they will struggle to get financing afterward. While there is some truth to this, your previous credit score may have been much worse. Make your payments on time and always pay a little more than the minimum amount to increase your credit score.

You should consider getting more money by obtaining another job. You may be able to avoid bankruptcy by negotiating with your creditors in order to find a workable plan for paying off your debt. They will often work with you so you do not have to file.

TIP! If you’re tired of receiving calls from creditors, you may want to think about filing for bankruptcy. The stress of excessive debt can be too much to bear.

When you are on the road to filing for bankruptcy, you are likely to have more than a few conversations with your creditors. For any agreements you make with them, always get written confirmation. If creditors exhibit flexibility in dealing with you, this could have a positive impact on your debt discharge. Thus, keeping records is key!

If you are planning to file for bankruptcy, never give or transfer any money or other assets to another party within 1 year of filing. This is a blatant attempt to hide assets and may result in your filing from being dismissed. Depending on the type of asset, it might be safe from the creditors. In any case, hiding your assets is a bad idea, and if you have made recent transfers, your filing will need to wait.

Resist turning to credit card use when you are facing bankruptcy. The temptation may be there to run up some purchases, but the courts do not look kindly upon this. While it may difficult, it is important to bring your spending under control. Now is the perfect time to work on developing excellent financial habits.

TIP! Filing bankruptcy doesn’t mean that you won’t have any more bills to pay at all, so make sure that you’re always keeping up with the payments. Making the minimum payments will lower your credit score and paying your debts back will take a very long time.

Planning can make a big difference. If it’s possible to get some more time to pay your bills, take it. Doing so can help you avoid bankruptcy. So get to it and devise a plan so that you do not have to file for bankruptcy.

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When You Need To File For Personal Bankruptcy

Bankruptcy filings bring both worry and relief, simultaneously. On one hand, having people go through all of your personal financial information can be formidable. The positive is that once the process has been completed, you will be debt-free and free of harassment from creditors. If you would like to make filing for personal bankruptcy much easier, simply follow the steps we present here.

When you are on the road to filing for bankruptcy, you are likely to have more than a few conversations with your creditors. Some creditors are willing to accept a percentage of the total owed, or to suspend interest and penalty fees. Make sure that you get written documentation of any offer they make. Ask for written agreements whenever you and your creditor come to an understanding.

Be sure to weigh all of your options before deciding to file for personal bankruptcy. For instance, a consumer credit counseling program may be a better bet if your debts are relatively small. It is sometimes possible to negotiate smaller payments by yourself. If you do this, make sure you save a written record of debt modifications that are negotiated.

TIP! Learn what you can about Chapter 13 bankruptcies. If your total debt is under $250,000 and you have consistent income, Chapter 13 will be available to you.

One of the best ways to learn more about the bankruptcy process is to hit the Internet and look up reputable bankruptcy websites. The United States Department of Justice, American Bankruptcy Institute, along with many other websites can provide you with the information you need. The more knowledgeable you are, the more you can be sure that you are making the right decision and that you are taking the right steps to ensure your personal bankruptcy goes as smoothly as possible.

If you are moving forward with a Chapter 7 bankruptcy, you need to learn how that can negatively affect anyone who shares loans with you. Debts that you shared with another will not be your responsibility any longer if you file for personal bankruptcy under Chapter 7. Although filing for bankruptcy excludes you from financial responsibility, co-signers will still be expected to pay the loan amount in full.

TIP! When filing for bankruptcy, list all of your financial information. Omissions or errors may cause your case to take more time to resolve, or even be rejected entirely.

Do some research to find out more about Chapter 13 and Chapter 7. If Chapter 7 is what you file, your debts will get eliminated entirely. You will be removed from any contracts you have with your creditors. But, with Chapter 13, you will be in a repayment plan for about 5 years prior to any debts you have being totally dissolved. It’s important to know what differences come with every type of bankruptcy. This will let you find out what’s best for you.

Once you have filed for bankruptcy, it is crucial that you know about any new debts you may take one. Many lenders directly target those who’ve just had a bankruptcy, because they know that they can’t file again for years. Unfortunately, many times these offers have high-interest rates. They can put you right back where you started unless, you exercise very good financial discipline.

An excellent bankruptcy suggestion is to make sure you are prepared for the possibility if your bankruptcy claim is denied. If you are prepared for everything beforehand, then you will be ready for anything that comes your way, even if your car or home is taken away from you.

TIP! Bankruptcy could be a solution for you if your credit has spiraled out of control. You can alleviate the stress in your life and gain some much-needed breathing room by filing a claim.

Think about the pros and cons before filing. Never forget that being well-informed is always the key to a successful bankruptcy, no matter what your reasons for filing are. The tips in this article can help you handle bankruptcy more easily. Incorporate these tips into the process and watch how much better you feel.

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Going through bankruptcy is a stressful experience. When things are tough financially, your credit options are limited. However, do not give in to despair. There is a way to get your financial difficulties under control and this article will show you how to get started.

It’s important that you understand what bankruptcy is and how it will change your life before you attempt to file a claim. There is solid advice available from the NACBA, (Consumer Bankruptcy Attorneys’ association) the ABI, (American Bankruptcy Institute), and the United States Department of Justice. Knowing as much as possible about bankruptcy gives you an advantage and will help you make the best decision possible.

One critical element for anyone filing a petition for bankruptcy is, to be honest in everything you do. Remember that if you hide your valuable assets or income from your bankruptcy trustee, you may risk a number of penalties and complications. Among these is the possibility that you could be blocked from ever filing again.

Ask yourself if filing for bankruptcy is the right thing to do. Debt advisors are one of the many other avenues you can consider. Bankruptcy permanently affects your credit, so avoid filing until you have exhausted all of your other options.

Read This: If filing bankruptcy is in your future, don’t waste any savings you may have to attempt to pay off your debts. Don’t touch retirement accounts unless you don’t have a choice.

The best way to build your credit up after a bankruptcy is to make all your payments on time. Since it is important that you work to rebuild your credit, you should instead think about applying for a secured card. You can exhibit your desire to rebuild your credit this way. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.

No good will come of trying to conceal your assets or your liabilities in the bankruptcy process; you want to be scrupulously honest when you declare bankruptcy. Wherever you file, that court has to be made aware of all details regarding your finances, positive and negative. Don’t withhold information, and create a smart way of coping with the reality of the situation.

Always be honest with the information you give about your finances. To avoid problems, penalties, and future re-filing bans, resist the urge to hide documentation or assets.

Read This: Once the bankruptcy is complete, you may find it difficult to receive unsecured credit. If you find that to be the situation, consider requesting secured cards.

Take the time to find a simpler solution to your financial issues, before filing for bankruptcy. If your debts are really not overwhelming, you may find the assistance you need by consulting a consumer credit counselor. You can also talk to creditors and ask them to lower payments, but be sure to get any debt agreements in writing.

There are two types of bankruptcy filing, Chapter 7 and Chapter 13 so make sure you know the differences. If you file for Chapter 7 bankruptcy, all of your debts will be eliminated. The ties with the creditor will be broken. Filing Chapter 13 differs by requiring you to agree to a 60-month plan to repay your debts before they are totally eliminated. You need to be aware of the pros and cons of each type of bankruptcy so you can correctly select the best choice for your situation.

Even when filing for bankruptcy you should now be aware that this should not put a damper on your life. If you don’t spend frivolously and repay lenders faithfully, lenders will be more willing to lend to you in the future. Save as much as you can and you will see the difference when you walk in for a new loan for a car or a home.

Find a bankruptcy attorney who offers free consultations, and ask lots of questions. Most lawyers offer free consultations, so consult with a few before settling on one. You should make a final decision only once all of the questions or concerns are sufficiently attended to. Take your time choosing the right attorney to assist in your bankruptcy. So, this gives you plenty of time to consult with several attorneys.

Read This: It is a good idea for you to hire an attorney to handle your bankruptcy process. With all the ins and outs of bankruptcies, it can be hard to grasp all the knowledge.

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Understanding What A Personal Bankruptcy Means For You

Many negative emotions are related to filing bankruptcy. People sometimes assume incorrectly that they are up against a wall, and there’s no way out. You will find there is help, and it is called bankruptcy.

When it soaks in that filing for personal bankruptcy, don’t use all of your retirement funds, or all of your savings to resolve insolvency or pay creditors. Retirement accounts should never be accessed unless all other options have been exhausted. You may have withdraw from your savings every now and then, but try to leave yourself some financial security for the future.

Ensure that you are providing genuine details when filing a bankruptcy petition, because honesty is the best policy when dealing with bankruptcy. You can lose the right to file bankruptcy now or in the future if you try to withhold information about your assets and income. So it is critical that you disclose everything honestly to avoid that and any other penalties the trustee might impose if he discovered your attempt to hide information from the court.

Filing for bankruptcy is something many people are forced to do when their debts become too much of a burden, and they can no longer afford to pay them. When you are faced with this issue, begin to familiarize yourself with your state’s laws. Different states use different laws when it comes to bankruptcy. Some states protect your home, and others do not. Before filing for personal bankruptcy, be certain that you are familiar with the laws.

Read This: Do not use a credit card to manage your tax issues and then try to file bankruptcy. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS.

Be sure to bring anything up repeatedly if you are unsure if your lawyer is focusing on it. Inaccurate or incomplete information can lead to your petition being denied. It’s your financial future that is in his hands; don’t hesitate to speak up.

There are many different aspects to filing bankruptcy, and you may not understand everything there is to know. An attorney specializing in personal bankruptcies can assist and make certain things are being handled correctly.

Do not hesitate to remind your lawyer of any details regarding your case. Don’t just assume that the attorney will remember it automatically. Do not hesitate to speak up; this is your hearing and your future is on the line.

Read This: After you have declared bankruptcy, you may have a hard time being approved for unsecured credit. If that’s the case, it is beneficial to apply for one or even two secured cards.

Be certain that you can differentiate between Chapter 7 and Chapter 13 bankruptcy. In Chapter 7 bankruptcy, your debts are all eliminated. You will be removed from any contracts you have with your creditors. A Chapter 13 filing involves a repayment plan, though. Typically, you will make a partial payment against your debts over the next 60 months before the balance of the debts is lifted. You must know about the different bankruptcy types, and how each can affect you.

Talk to a lot of different bankruptcy lawyers; most of them will give you a free consultation. Make sure you meet with a licensed attorney rather than a paralegal or assistant, because it is illegal for these people to give legal advice. Interviewing multiple attorneys is a good way to find the best fit.

Ensure that bankruptcy is your best choice. You may find consolidating your debt may be simpler. Bankruptcy is not a simple, breezy course of action that should be taken lightly. You will have trouble getting credit down the line. Because of this, you need to think of bankruptcy as a nuclear option; that is, a last resort.

Bankruptcy is tricky and hiring a good lawyer will be a must. Bankruptcy is a complex process, and you probably don’t know all the information that is required to navigate it. An attorney will make sure that everything is being done correctly.

Read This: Make sure you know how to differentiate between Chapter 13 and Chapter 7. Weigh all the information you can find on- and off-line to make an educated decision.

Don’t forget to enjoy yourself during your bankruptcy. Filing for personal bankruptcy can be very stressful for the debtor. That stress can cause depression, if you don’t take care to avoid it. You are getting a fresh start, and things will get better.

You now have some great advice, thanks to the information shared here. You should now understand that you have options when it comes to bankruptcy. Going through bankruptcy will be hard at first, but it can also be worth it. With the advice in this article, you can ascertain the best way to escape your debt.

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Drowning in debt can be overwhelming. Sometimes, it just snowballs from having a little bit of a financial issue to losing complete control in a short amount of time. The problem now is that it becomes much tougher to fix. Read on to find tips, insight, and valuable information for clearing your debt and getting a firm grasp on your finances.

You may still have trouble receiving any unsecured credit after a bankruptcy. If this happens to you, think about applying for a couple of secured credit cards. That will show lenders that you are committed to rebuilding your credit. After some time passes they may be willing to offer you unsecured credit.

Although you can find many bankruptcy attorneys listed in your local Yellow Pages or online, it’s best if you can find one through the personal recommendation of a friend, family member, or acquaintance. Some companies just want to take advantage of you, so it is important that you have help from someone you trust.

You should avoid paying your taxes with credit cards and then immediately file for bankruptcy. Most states do not look at this debt as chargeable, and you could end up owing money to the IRS. Transferring the debt to another medium (e.g. a credit card) won’t magically make a tax debt dischargeable, either. So it does not help you to put the tax bill on your charge card if you know the debt will be discharged anyway.

Read This: It should go without saying, but refrain from lying in your bankruptcy filings. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.

If you are planning to file for bankruptcy, be sure to learn what types of assets you will be able to keep and which can be seized. The federal statutes covering bankruptcy can tell you exactly which assets are exempt from forfeiture to pay off creditors. Make sure that you review this list before you decide to file, to see if you can hang on to your most important possessions. It is important to know what types of possessions may be taken away before they actually are seized.

Do not attempt to conceal any assets when filing for bankruptcy because you may be penalized when they are discovered. It is important that you are completely transparent, showing everything financial that needs to be known. Don’t withhold information, and create a smart way of coping with the reality of the situation.

Before you file for personal bankruptcy, be sure that you are cognizant of all current laws. Bankruptcy law has changed substantially in recent years, and therefore you must understand how such changes may affect your situation. Keep up with your current state’s laws and regulations to figure out what steps you should take.

After you have declared bankruptcy, you may have a hard time being approved for unsecured credit. If this is so, apply for a secured card or two. By doing this, you will be letting people know that you want to fix your credit score. After using a secured card for a certain amount of time, you might be offered an unsecured card once again.

Read This: Do not give up hope. You can often have property returned to you.

Before filing a bankruptcy claim, make sure that your home is well protected. Filing for bankruptcy doesn’t automatically involve losing your home. It may be possible to keep your home if the value has depreciated, or there is a second mortgage. Check to see if you pass the requirements necessary to file for a homestead exemption.

It is important to understand clearly the benefits of a Chapter 7 or 13 bankruptcy. Learn the benefits and drawbacks of each type before deciding which is right for you. Do not hesitate to have your lawyer explain any details that seem difficult to grasp. This will help ensure you make the right choice when filing.

It’s a good idea to meet with a number of bankruptcy lawyers before settling upon one. The majority of them offer free initial consultations. Always ensure that the person you meet with is a real lawyer, not a legal assistant or paralegal. These people can’t give legal advice. By shopping lawyers, you will be more likely to find one that makes you comfortable about the process.

Read This: Protect your house. Filing bankruptcy does not necessarily mean that you will lose your house.

Do not file for bankruptcy if your income is greater than your bills. Remember that the record of your personal bankruptcy filing will be discernible on the report of your credit for as many as 10 years. For this reason, bankruptcy filing should not be taken lightly.

After you have filed for bankruptcy, enjoy your life. After filing, many people find themselves stressing over their situation and how to fix it. That stress could lead to complete depression, if you do not take the necessary steps to fight it. Life will get better after you finally get this situation over with.

If your vehicle is in question, perhaps your attorney can assist in lowering your payments. It is possible to get your car payment lowered if you file using Chapter 7. You need to have bought your car 910 days before you file, have a loan with high interest and you’re also going to need a good work history.

Don’t automatically assume that bankruptcy is your only option. You might be able to address your debts by arranging a repayment plan or a reduction in your interest rates. Get professional advice on these matters from a bankruptcy lawyer. Loan modification plans on home loans are a great example of this. Your particular loan holders can provide a lot of assistance if you’re just willing to speak with them. You can negotiate lower rates, longer terms, and other means of repayment that may keep you from having to file a claim. Most creditors will be willing to work out an option to avoid not getting paid at all.

Read This: Filing for Chapter 13 bankruptcy will not prevent auto loans or mortgages from being obtained. There will, however, be obstacles.

Car loans or mortgage loans are still a possibility when you have filed for Chapter 13. It is just tougher. You will have to see your trustee and the approval for this new loan. You need to develop a budget and show that you will be able to afford the new payment. The odds are also good that you will be asked exactly why you’re purchasing a new item. Make sure you have a good reason.

Sometimes, life can throw you a curveball that you were not expecting. The article above has some powerful suggestions to get things back in control and manage the issues you face when filing for bankruptcy. You may well find that you can seriously improve your situation by following this article’s suggestions.

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The Pros And Cons Of Considering Personal Bankruptcy

It’s never great when someone needs to file bankruptcy. Bankruptcy can be ugly, embarrassing and a tough thing to talk about. Don’t give into it and be sure to use this advice to figure out what you need to know to avoid bankruptcy.

Don’t use a credit card to pay off your taxes before filing for bankruptcy. Most places will not consider the debt dischargeable, meaning you will have to pay the IRS a lot of money. If the tax can be discharged, so can the debt. Just because your credit card could be discharged in bankruptcy does not mean you should use it.

Always remind your lawyer of specifics that are important to your case. Don’t assume that he will remember something you told him weeks ago. Your case and future are affected by the attorney’s action, so never be afraid to communicate.

Don’t be afraid to remind your lawyer about important aspects of your case. It is wrong to assume that your lawyer will remember every word you ever utter! Don’t fear speaking up since it affects your case and future.

Read This: If a personal recommendation comes your way, this should be a lawyer you focus on. To handle your bankruptcy, you need a trusted attorney, not a shady one that is out to take your money.

When filing for bankruptcy it is crucial that you are candid and not concealing any liabilities or assets, as it will only show up in the future. Whomever you use to file with must know everything there is to know about your finances, both good and bad. Never hide anything, and make sure you come up with a well-devised plan for dealing with bankruptcy.

Never pay for a consult with a bankruptcy lawyer, and ask plenty of questions. Most lawyers offer free consultations, so consult with a few before settling on one. Do not make any final decisions until every question you have has been answered. You don’t have to make your decision right after this consultation. So, this gives you plenty of time to consult with several attorneys.

Find a specialized lawyer if you are thinking about filing for bankruptcy. Personal bankruptcies are detailed and complex processes, and you may miss something that costs you money. A bankruptcy attorney can advise you on how to proceed properly.

Don’t ever pay a bankruptcy attorney for a consultation, and ask a lot of questions. Most attorneys offer a free consultation which you should take advantage of. Meet with a few before finalizing your plans. Make your decision after all of your questions have been answered. You don’t need to decide what to do right away. You can take as much time as you need to meet with different lawyers.

Read This: When a bankruptcy is imminent, retain a lawyer immediately. There are many different aspects to filing bankruptcy, and you may not understand everything there is to know.

Learn all the latest laws before you file bankruptcy. It can be tough to keep up with them on your own, and because they change often, a bankruptcy attorney can help you keep track for the sake of your filing process. To know what these changes are, go to your state’s website or contact the legislative offices.

Be sure you know how Chapter 7 and Chapter 13 differ. Under Chapter 7 type bankruptcy, all debts are forgiven. This includes creditors and your relationship with them will become no longer existent. If you file using Chapter 13 bankruptcy, you will go through a sixty-month repayment plan prior to all your debts being completely dissolved. It is vital that you know the differences between these types of bankruptcies, in order to find the option that’s best for you.

Consider other alternatives before filing for bankruptcy. For example, you may want to consider a credit counseling plan if you have small debts. It is also possible to do your own debt negotiations; however, be sure to get everything in writing.

Read This: Know the differences between Chapter 7 and Chapter 13 bankruptcy. Should you choose Chapter 7, your total debt load will be erased.

Protect your home. Filing for bankruptcy does not mean you have to lose your home. It is entirely possible that you will be able to keep your home. This is dependent upon your home’s value and whether or not you have taken a second mortgage. Another option is the homestead exemption that has certain income and financial requirements, but may also allow you to keep your home.

Determine if bankruptcy is necessary. It might be possible to consolidate some of your debt instead. Declaring bankruptcy is a very involved process that can cause a good deal of anxiety. It will also harm your ability to secure credit in the years to come. So, consider bankruptcy only as a last resort when you have no other choice.

It does not take much experience with bankruptcy to understand that the entire process can be extremely stressful. To have a reliable and trustworthy guide through the process, find a highly qualified attorney. Do not solely use cost to determine whom to hire. There is no need to use an expensive attorney. The important thing that you must do is get a good attorney. Do not choose an attorney until you have interviewed them, checked with the better business bureau, and checked their standing with the bar association. You might want to visit a court hearing and observe lawyers handling their cases.

Take advantage of the opportunity to consult with a number of bankruptcy lawyers who offer the first visit at no charge. Meet with the actual lawyer, not a paralegal or assistant, as they’re not allowed to give out legal advice. Hiring a lawyer could help you become comfortable with the legal things that you will encounter.

Read This: It is important to protect your home when filing bankruptcy. You do not have to lose your home in the process of bankruptcy.

There is no need to rush to file for bankruptcy. The advice you have read here will show you how you can escape the need to file for bankruptcy. Start using what you learned today and see how much of a change you can make in your life, so that you do not have to harm your credit history.

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Things You Need To Know Before You File Personal Bankruptcy

Bankruptcy is an experience nobody ever expects to happen to them. It is important to know what steps to take when your circumstances change and there’s nothing you can do about it. If that happens to you, you can use the information laid out in this article.

Learn as much as you can about bankruptcy by going to informational websites. Check out the Bankruptcy Institute site and do some research about consumer’s rights. The more knowledge you have, the more you are able to make the right decisions and find a new future.

Never lie about anything in your bankruptcy petition. Do not hide any income or assets or go on a spending spree before filing for bankruptcy: the court will find out and will not have a positive opinion of you.

Most people end up filing for personal bankruptcy because they owe more than they make. If this is happening to you, then learn about the laws where you live. Most states differ in their laws governing bankruptcy. Some states protect your home, and others do not. Do not file before learning about the bankruptcy laws in your state.

Read This: It is important that you increase your knowledge of personal bankruptcy by reviewing websites that provide reliable information. The United States DOJ, the NACBA, and the ABI all have useful information.

Do not be afraid to remind your attorney of important specifics of your case. Don’t just assume they already know and that they have these important details committed to memory or written down. Your case and future are affected by the attorney’s action, so never be afraid to communicate.

Secured Card
After filing for bankruptcy, you could have trouble acquiring unsecured credit. In this event, you should attempt to apply for a secured card or two. Using a secured card not only helps to rebuild your credit, but it also keeps you from going more in debt with credit card bills. It will take time, but when creditors see a pattern that satisfies their need to see your good faith with payments, you will then be able to apply for unsecured cards.

If you are considering using credit cards to pay your taxes and then file for bankruptcy, you may want to rethink that. In many areas of the country, this debt will not be dischargeable, and you could be left owing a significant amount to the IRS. If the tax can be discharged, so can the debt. Therefore, you should not pull your credit card out for purchases if it is just going to be discharged during the bankruptcy.

Read This: It can be difficult to obtain unsecured credit once you have filed for bankruptcy. If you find that to be the situation, consider requesting secured cards.

Before filing for bankruptcy, determine whether Chapter 13 or Chapter 7 is appropriate for your financial situation. Chapter 7 is the best option to erase your debts for good. Your responsibilities to your creditors will be satisfied. With a Chapter 13 bankruptcy, you will have to make payments for 5 years before the debts are forgiven. It is vital that you know the differences between these types of bankruptcies, in order to find the option that’s best for you.

Take advantage of free consultations with lawyers and the ability to sift through and find the right one. Ensure that you have a meeting with a real lawyer instead of an assistant, since they can provide the best advice. Seeking out different attorneys is all part of the process until you find someone that you can trust.

Chapter 13
You need to educate yourself on the differences between Chapter 7 and Chapter 13. Chapter 7 eliminates all debts. You will be removed from any contracts you have with your creditors. In Chapter 13, though, you’ll be put on a payment plan for up to 60 months before being free of your debts. It’s imperative that you know the differences among the various categories of bankruptcy so that you are able to choose the wisest one for you.

Read This: Become knowledgeable in regards to details about chapter seven bankruptcy vs. chapter 13 bankruptcy.

Consider filing using chapter 13 bankruptcy. If you have regular income and under $250K in unsecured debt, a Chapter 13 may be right for you. When you file for Chapter 13, you can use the debt consolidation plan to repay your debts, while retaining your real estate and your personal property. The length of the plan is generally up to five years, and when this is over, you will be free of unsecured debt. Consider that if you even miss one payment, your case will not be considered by the court.

Keep in mind that filing for Chapter 7 bankruptcy may affect other people than just you, including family members, and in some cases, business associates. When you file under Chapter 7, you will no longer be legally responsible for any debts that were signed by yourself and a co-debtor. Creditors, however, will hold the co-signer liable for the entire balance of the debt.

There is a great amount of emotional and mental stress associated with filing for bankruptcy. To relieve yourself of some stress and keep thing organized, hire a good lawyer. Don’t make your choice to retain a particular lawyer simply because they are the cheapest. The cheapest attorney may not be the best, but the most expensive may not be the best either. Ask people who have used a bankruptcy lawyer for referrals, look them up at your local Better Business Bureau, then schedule free consultations in order to interview them. Often, watching a bankruptcy proceeding can give you clues to the quality of a lawyer.

Investigate your other alternatives before you decide you have to go with bankruptcy. You may well be able to regain control over your debts by consolidating them. Bankruptcy is a long process that can be stressful. Your future credit will be affected by these actions. Therefore, before you file for bankruptcy you need to consider all of your alternatives.

Read This: If keeping your vehicle is of great concern, ask your lawyer if you can secure a payment modification. Chapter seven bankruptcy often provides for the lowering of payments.

If you decide you need to file bankruptcy, it is important that you have helpful advice. Your process will be much simpler if you have a large knowledge base. The above article has provided a lot of this knowledge so that you’re able to deal with your finances with less stress.

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Bankruptcy Attorney | See when and why you should consult a bankruptcy attorney

When you decide to file for personal bankruptcy, it is a very serious decision that should not be entered into lightly. Read the ideas and advice in the following paragraphs so that you are aware of what to fully expect and should think of prior to making such a crucial decision. Find out all the information you can before filing for bankruptcy.

If you are in a position where you are unable to pay your debts, bankruptcy may be the only option for you. If you are in this position, you need to be familiar with the laws in your area. When it comes to bankruptcy, states have varying laws. Your home is safe in some states, but in others it’s not. Do not file before learning about the bankruptcy laws in your state.

Read This: Instead of jumping into a bankruptcy filing, be sure your situation requires it. There are plenty of other options open to you, like consumer credit counseling.

You should avoid paying your taxes with credit cards and then immediately file for bankruptcy. Generally speaking, taxes are not a dischargeable debt. The delays caused by this sort of tactic could leave you owing the IRS a great deal in interest and penalties. Keep in mind that if the tax debt is eligible to be discharged, then the credit card debt is also dischargeable. It is pointless to use credit cards if they can be discharged.

Familiarize yourself with the bankruptcy code before you file. Bankruptcy law evolves constantly, and it’s important to stay up-to-date to ensure that you file properly. To stay up-to-date on these laws, check out your state’s government website.

Be sure that bankruptcy really is your best option. You might be better off consolidating your debt or availing yourself of some other remedy. The bankruptcy process takes forever to finish and is very nerve-wracking. Your future credit will be affected by these actions. This is why you must make sure bankruptcy is your last resort.

Don’t feel bad if you need to remind your attorney about any specifics of your case. You cannot expect your lawyer to remember every important detail without a reminder from you. Speak up. This is your life, and your future depends on it.

Read This: Ask those you know if they have an attorney to recommend, instead of finding one on the Internet or in the phone book. There are plenty of companies who know how to take advantage of people who seem desperate, and it’s important to be sure your bankruptcy can go smoothly; take your time and choose someone you can trust.

When your income surpasses your bills, you should not be filing bankruptcy. Though bankruptcy may appear to be a good way to escape your debts, it does affect your credit negatively for a fairly long time.

Make sure you are acting at the appropriate time. Timing is critical, particularly when it comes to filing for bankruptcy. Sometimes it is the best option to file quickly, whereas in other situations filing should be put off until the worst has already passed. Speak with an attorney who specializes in bankruptcy to figure when is the best time to file, according to your situation.

Look at bankruptcy as a chance to mature and take responsibility for your personal finances. This process is less than glamorous, and it makes most people lose their self-esteem. These are useless emotions, however, and can be harmful to your mental state. Staying positive and upbeat is the proper way to deal with bankruptcy.

Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. You need to read the exemptions for your state, so you know what property you can protect. If you do not read this list, you could be in for some nasty surprises in the future, if some of your most prized possessions are seized.

Read This: Keep at it! Filing for bankruptcy may allow you to get back property, such as an auto, jewelry, or electronics, that you may have had repossessed. If the property you own has been repossessed under 90 days before the bankruptcy filing, you may still be able to get it back.

If you intend to file bankruptcy soon, you may want to discontinue paying all debts. There are many laws when it comes to bankruptcy, including the prohibition of paying some creditors 90 days before you file, as well as family for a whole year. Before making any final decision concerning your finances, you should be educated on the rules of bankruptcy.

Filing for bankruptcy may damage your credit less than missing debt payments. Bankruptcy can be seen on your credit history for 10 years, but you can begin repairing the damage immediately. Getting a fresh start is one benefit of bankruptcy.

Once you decide to file, it is important to act in a more financially responsible manner. Do not increase current debt or incur new debt prior to bankruptcy. Judges and bankruptcy trustees take your repayment history into account when deciding the terms of your bankruptcy. You should demonstrate through your current behavior that you are actively changing your personal financial habits.

Do some research about laws and legislation before filing. Laws are ever-evolving. You must stay current with bankruptcy laws if you want to be successful in your challenge. Your state’s website should have the information that you need.

Read This: Be aware of the fact that you may be under great stress while you deal with your bankruptcy. In order to keep things together and protect yourself from excess stress, be sure to hire a competent attorney.

As you are aware from the previous paragraphs, bankruptcy is not something that just happens. There are many things that must be taken care of, and must be done right. By applying the above ideas, you can make certain that you handle all your details with full attention.

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Bankruptcy FAQs

Will I lose all of my possessions if I file bankruptcy?
Here in Texas, you are protected by the Texas Homestead exemption (and other exemptions) which allows you to keep the equity in your house as well as $30,000 ($60,000 for a family) worth of personal possessions such as your car, tools, clothing, home furnishings, health aids (wheelchair, hearing aids, etc.) and more.

Will I be able to get a credit card with a bankruptcy on my credit report?
A percentage of our clients report that they start receiving credit card solicitations shortly after bankruptcy. Further, some report getting car loan solicitations. And a percentage are able to buy a house. Creditors like people who have their debt under control and are not at risk of filing bankruptcy.

Can I make too much to file for bankruptcy?
Chances are if you are having trouble paying your debt, the answer is you can file for bankruptcy. We have clients who make over the income limits for Chapter 7 and they qualify for Chapter 13 bankruptcy. However, it depends on your situation. Our lawyers can help you determine how the federal and texas bankruptcy laws can help you reduce or eliminate your debt.

How much are the fees?
The fees depend on the complexity of your case. And usually, the more complex the case the more likely we are able to make payment arrangements. Please know that we regularly compare our fees to other attorneys to make sure our fees are competitive. Also know that our most important job is to make sure you get absolutely the most protection the bankruptcy laws will reasonably allow so that you can get the fresh start you deserve.

If I file for bankruptcy can I still apply for a loan modification?
Yes, after filing for bankruptcy you can apply for a loan modification for your mortgage on your home. We are finding that lenders are more likely to seriously consider a loan modification when a bankruptcy has eliminated or reduced your unsecured debt such as credit cards and medical bills. Before a bankruptcy filing, lenders are discouraged when they see someone with high levels of unsecured debt. However, if you have high levels of unsecured debt, filing a bankruptcy may make your lender take your loan modification application more seriously. We can help you file a loan modification in addition to helping you file bankruptcy. You can find out if you are a good candidate for a loan modification by talking to one of our lawyers during your free consultation in our Texas offices.

Can you do a loan modification without a chapter 13 bankruptcy?
Absolutely. However, you need enough income to adequately support your unsecured debt (credit cards, medical bills, etc.) AND your mortgage payment AND your basic living expenses. Unfortunately, a lot of people have experienced a job loss, a medical problem, divorce, or other family issues that leave them with too much debt and not enough income to do a loan modification without the help of bankruptcy protection.

Debt hurts. We Can Help!

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Chapter 13 Bankruptcy Information

Imagine no more creditor phone calls, having an affordable way to pay off ALL of your debt, and being able to keep your most important possessions (home and cars). Our bankruptcy lawyers can make this happen for you with a well-structured chapter 13 bankruptcy plan.

Chapter 13 Bankruptcy Protection

Chapter 13 bankruptcy protection was designed by congress for people like you who are overloaded with debt and need a way out. Our Chapter 13 bankruptcy clients typically file for 1 of 2 reasons:

They make more than the minimum income for Chapter 7 protection
They want to keep assets not covered by the Texas Homestead exemption (such as boats and second homes)
Chapter 13 bankruptcy allows people like you to get out of debt by lowering what you owe and stopping interest from accruing on your unsecured debt. It is a federal protection that helps people like you get a fresh start.

What is Chapter 13 Bankruptcy Protection?
Chapter 13 bankruptcy is legal protection in which your attorney works with the court to arrange a 3-5 year reduced payment plan. This payment plan typically results in you paying significantly less than what you would owe. Further, bankruptcy protection stops interest from continuing to build upon your unsecured debt. Still further, it stops collection calls and any foreclosure or repossession actions by lenders.

What are the drawbacks?
Payments
Chapter 13 bankruptcy requires that you make monthly payments to the trustee who then pays each of your creditors. However, our attorneys work with the courts to establish a REALISTIC payment that you can afford and a payment that will ensure you have money for your basic living expenses. Further, we will represent you if life events (loss of job, divorce, unexpected medical bills) require a change to your plan.

Credit Report

Chapter 13 bankruptcy does go on your credit report. However, a percentage of our clients go on to buy houses and cars while in chapter 13 bankruptcy protection. Our clients are surprised to find out that a chapter 13 bankruptcy, in many instances, is the surest way to IMPROVE their credit scores. Once your debt is under control, you can start building your credit instead of seeing it continue to fall. Our attorneys will be happy to share with you what some clients have experienced.

Length of Plan
It takes 3-5 years to complete. However, at the end of the period you have no more unsecured debt (credit cards, medical bills, etc.). And you will be caught up on all mortgage and car loan payments.

Our attorneys can even lower the interest rate on some secured debt (car loans and house loans) using the protection of a chapter 13 and a loan modification (a separate legal service we provide). And once you start the plan it is an end to harassing phone calls and escalating interest or monthly payments. A Chapter 13 bankruptcy provides you the peace of mind that you are on a solid path to a better financial future.

How do you pay the attorney fees?
Most of the attorney fees are included in the 3-5 year plan so the monthly payment takes care of the majority of those fees.

Debt Hurts. We Can Help!

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