All posts by Donna Evans

Personal Injury Attorneys – Negligence Claims

Personal Injury Attorneys – Negligence Claims

Texas negligence claims are a means for a person to seek legal compensation for injuries, or damage to property when another party is found to be at fault. Generally, for a person to be found to be acting in a reckless or negligent manner, they have to be acting in a way that is outside of normal safe behavior. This can also include failing to ensure a safe environment or acting in a manner that is inconsistent with standard safety protocol. If you have any questions at all, call us regarding Texas negligence claimspersonal injury attorneys

Texas negligence claims can protect your financial future after an event. We strongly advise anyone who has been the victim of this type of event or has a loved one who has been the victim, to seek legal representation to ensure those responsible are brought to justice. At Texas Personal Injury Accident Attorneys, we have a proven track record of getting results for our clients. These, along with personal injury lawsuits account for many of the cases out firm handles. We offer a free initial consultation to all prospective clients. Please call us about Texas negligence claims. injury attorneys

Texas Negligence Claims Protect your Rights

Texas negligence claims can be a complex area of the law. This is why choosing the right legal professionals to represent your case is so important. The most common types of these cases involve auto accidents. One party in usually found to be at fault by the police officers who do the accident investigation. This person is generally found to be acting in a dangerous, reckless, or negligent manner. This is generally sufficient grounds for filing Texas negligence claims.

Years of Experience with Texas Negligence Claims

Texas negligent claims are designed to protect your legal rights after you have been injured. A form of professional negligence that we often hear about is known as medical malpractice. Sadly, the medical professionals we trust with our health will occasionally act in a manner that is not consistent with standard medical practices. One of the most common ways this happens is by prescribing incorrect medication, or medications that have adverse side effects when used together. Call us regarding Texas negligence claims. accident injury law – negligencepersonal injury attorneys

Texas Negligence Claims can Protect your Financial Future

Texas negligence claims can help you and your family recover damages inflicted by another party. A common form case that we handle involves product liability. Drugmakers often release faulty products, or their products are improperly labeled. If you or a loved one has suffered health consequences as a result of such an event, we urge you to seek legal representation. Manufacturers of all goods have a duty to the public to ensure that the products they release are safe and labeled properly. If another party is found to be responsible for your injuries, you will likely be entitled to monetary compensation. Call us today to schedule a free initial consultation regarding Texas negligence claims.

What is an ‘Assumption of Risk’ and Why Does it Matter?

What is an ‘Assumption of Risk’ and Why Does it Matter?

In some personal injury cases, the ‘assumption of risk’ defense becomes an issue. While assumptions of risk are not something that everyone who suffers a personal injury has to worry about, the issue can significantly impact your ability to recover money for the injuries you suffered. Today, we are going to take a close look at the assumption of risk, what it means, and why, if you have suffered a personal injury, you need to understand it.personal injury attorneys - wrongful death lawyers

Torts

When you talk about assumptions of risk and personal injury cases, you’re talking about torts. Torts are a type of lawsuit that can arise after someone suffers harm or injuries because of someone else’s negligent or intentional behavior. When someone suffers an injury in this situation, the law allows that person to sue the wrongdoer to recover damages (money) for his or her injuries. A tort lawsuit involves the injured person (the plaintiff), suing the wrongdoer, (the defendant).

Legal Defenses

A legal defense in a tort case is essentially a valid excuse. When a defendant uses a legal defense in a tort case, the defendant is effectively admitting that he or she did do something that caused the plaintiff to suffer an injury, nevertheless, the plaintiff is prevented from recovering damages. When a defendant uses a legal defense, it’s up to the defendant to prove that the conditions of the defense have been met.

In other words, though a plaintiff has to show that the defendant caused the harm that is the subject of the lawsuit, a defendant who wants to use a legal defense has to prove that the defense applies to the case.

For example, let’s say that a friend takes you hiking. During the hike, you injure your ankle. You decide to sue your friend for the medical expenses and lost income that resulted from your injured ankle.

In this case, your friend could probably use an assumption of risk defense to show that because you knew that what you were doing was potentially dangerous, you shouldn’t be able to recover damages from him.

Assumption of Risk and Tort Cases

The assumption of risk defense is one in which a defendant claims that the plaintiff would not have suffered the injury if the plaintiff hadn’t acted improperly. Essentially, a defendant who uses an assumption of risk defense is saying that the plaintiff did something that, at least in part, caused him or her to suffer the injuries in the case. Furthermore, because the plaintiff knew, or should have known, that what he or she did was dangerous or wrong, the plaintiff shouldn’t be allowed to recover money for those injuries.justice

Assumption of Risk and Your Personal Injury Case

Any time you are discussing legal issues, terminology, or defenses, it’s vital that you talk to an experienced personal injury lawyer in your area. The average person does not have nearly enough experience or training in the law to determine how various potential legal issues might affect their case. The only way to know for certain if an assumption of risk defense, or any other issue, will play a role in your case is to talk to a lawyer as soon as possible.

Damages Resulting From a Dump Truck Wreck Can be Quite High

Damages Resulting From a Dump Truck Wreck Can be Quite High

In a dump truck or gravel hauler accident, more often than not serious injuries are the immediate result. When a 30-50 ton behemoth that’s hauling its weight hits you, even at 30 miles an hour, the damages are often cataclysmic. But the liability may not stop at the driver. Several other parties can be responsible, and thereby, held legally liable for the wreck. This includes the trucker, the company he or she works for, the construction company that the hauler works for, the job-site boss who sets the burdensome schedule for hauling the many loads a day, possibly a defective part on the truck itself, or the company that is responsible for maintaining the rig. So the first thing you must do is find out is whose fault it is for the truck accident that caused the injuries you suffered and the damage to your vehicle along with any other property. One of the things we must be aware of as we begin searching for liable defendants is the legal notion in Texas law called “respondent superior.” It basically means that employers are directly liable for the wreck their employee causes. So by-definition the employer is just as responsible for the action or inaction of its employee, which means it is their responsibility to pay for your injuries and other legal damages.truck accident law - wrongful death - accident attorneys

Another relatively new source of liability has emerged over the past few years. States and counties outsource a lot more of their road maintenance and highway construction duties to the private industry than they did just a few short years ago. So if a privately-owned company, in the performance of its road construction or maintenance contracts, creates hazardous road conditions that cause a dump truck or gravel hauling 18-wheeler to hit you, these companies may also be held liable for a portion, or maybe all, of the liability arising from the accident. And all private companies retained by the state of Texas or any of its counties for any outsourced engagement must, by law, a document that they are either properly insured, or provide a very large liability bond that is backed by their cash-on-hand.

To win your claim among a surplus of potential defendants, you need an experienced dump truck/gravel hauling accident lawyer who can investigate the scene of an accident to discover who is liable, and then wade through a great deal of paperwork to determine the best possible targets for your accident-related compensation. Local or state law enforcement agencies will investigate these types of accidents. But right now, in the immediate wake of such a wreck, that’s of little help to you because many times those investigations only reveal the primary responsible parties such as the drivers or the company that owns the rig.

Rarely do they drill-down to identify other contributors to such wrecks that reveal all liable parties. Experienced accident lawyers conduct these stringent investigations and know how to determine the degree of each responsible party in every big rig accident. Occasionally our investigations reveal additional criminal facts of the accident that law officials miss. When we identify those who initially escaped detection, we pass them along to law enforcement for further criminal activity.

After your dump truck accident, your attorney must determine whose negligence caused the wreck, if someone else contributed to it. A mechanical part might have failed. Or vital service was not performed, thereby rendering it unsafe to be on the road and causing the driver to lose control of a large gravel hauler. And sometimes route planners are negligent in sending the truck down a road on which it doesn’t belong.

Rare is the time when finding fault in an 18-wheeler accident is as simple as 1, 2, 3. But an experienced Texas dump truck wreck law firm gets to the bottom of the accident and identifies every liable party who is responsible for your injuries, pain, suffering, lost income, and other damages arising from such a tragic wreck; including wrongful death damages.

Our Law Firm has decades of experience handling personal injury litigation in dump truck and gravel hauler accident cases. If you or a loved one has been seriously injured by one of these road monsters, our expertise significantly increases your odds to receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been involved in a trucking accident anywhere in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation to begin your road to total recovery so you and your family can resume your life.