Defective Drug Injury Attorney
Do you have reason to believe that you’ve suffered an injury or been made ill due to a pharmaceutical error or defective drug? If this has happened, you may be able to seek compensation for your incurred financial losses through a product defect lawsuit in Texas.
However, pursuing legal action for such an injury is far from easy, especially if you choose not to retain the investigative and legal assistance found in an experienced defective drug injury attorney. These particular kinds of personal injury cases present a bevy of challenges to plaintiffs seeking compensation from a large and very well funded pharmaceutical company. But our Law Firms’ Texas drug defect attorneys can help you understand the merits of your case, the nature of the battles with your opposition that you are likely to experience as you seek that fair compensation, and the ways in which our defective drug law firm can assist you in seeking justice for your defective drug injury
Why Are Defective Drug Injury Lawsuits Considered to be so Challenging?
Those that design drugs and those who prescribe drugs are presumed to have a level of medical knowledge that far exceeds that of a regular person. This makes it difficult to prove negligence, which is the foundation of any successful defective product lawsuit (which is what a defective drug civil action is). But once that negligence is proven, the damage awards can be profound because defective drug lawsuits are not subject to the damage caps that are found in traditional medically-related civil damage suits in Texas.
People have reasonable expectations with regard to taking a drug. For example, people expect to know what a drug is intended for, its possible side effects, and whether or not the drug may cause further harm due to a pre-existing medical condition or when taken with other drugs in conjunction with a specific prescription plan. In other words, those that need drugs to achieve health trust that drug manufacturers, doctors, and pharmacists will all perform their duties to the best of their abilities so that the patient suffers no harm. And even though sometimes unforeseen accidents can happen, even in the field of medicine, it is reasonable to assume that a drug will not cause further injury or illness if it is correctly researched, designed, manufactured and prescribed. However, most people will not understand how a drug may have compounded an injury or prolonged illness. Furthermore, most people will not be able to know whether a defective drug, a wrongly prescribed drug or an incorrect dosage may have led to their drug injury in Texas without a specialized medical investigation like the type conducted by our Law Firms’ defective drug lawyers and specialists.
The expert medical knowledge required to prove that a defective drug injury occurred is one of the major challenges in drug defect lawsuits. These particular kinds of personal injury lawsuits require certain technical knowledge to be acquired or to be obtained with the help of a medical expert. Many law firms simply do not have access to such experts or fear the amount of work that can sometimes be generated by such technical cases. That fear is not present within our medical malpractice law firm. We have helped many victims of virtually every type of medical malpractice, including those who have suffered defective drug injuries. We can help drug defect victims seek competent medical experts that can clearly connect a victim’s injuries to a defective drug, a wrong dosage, or an incorrectly prescribed drug. Furthermore, defective drug injury lawsuits can be further complicated based on the type of lawsuit brought against a negligent party. The wrong suit can end up being fatal to the plaintiff’s efforts at seeking compensation.
We have decades of stellar service for our clients. Our success record is impressive. And our reputation of fighting for our injured clients is well-known in the medical, pharmaceutical and legal community all over the U.S. The medical malpractice attorneys at our Texas Law Firm are ready to assist you if you have suffered a further injury due to an unsafe drug or a pharmaceutical error.
If you have suffered further injury or illness as the result of defective drugs or malpractice, represented by misprescribing or management of your drug care anywhere in Texas, contact the local attorneys at our Texas Law Firm for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260. Our personal injury lawyers are ready to help you hold all of these negligent parties accountable for their actions in causing you further harm or illness. We pledge to do that fearlessly, aggressively, thoroughly and effectively.
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There are Two Basic Types of Drug Injury Cases
Drug injury cases can be listed in two broad categories.
Product liability lawsuits relate to the negligence of a drug’s manufacturer in creating a drug that is unsafe for public use, such as Hydroxycut, a series of dietary supplements marketed as an aid to weight loss which were subsequently recalled by the FDA because they produced liver damage in some of the people who used them and produced at least one death.
The other type surrounds pharmaceutical error. These lawsuits surround the negligence of a drug provider in their issuance of a drug to a patient, i.e. the wrong dosage is prescribed or the wrong drug is prescribed. In this particular case, if a pharmacist fills the wrong prescription, or transcribes the dosage prescribed by the physician, or your healthcare provider writes the wrong prescription and the pharmacist does not correct the matter, either/or, or both the doctor and pharmacist could be held liable through a malpractice lawsuit, as well as possibly the drug manufacturer if circumstances prove their instructions were incorrect or ambiguous. If you suspect the latter applies to your case, we recommend you read information about medical malpractice to understand the challenges and restrictions you will be dealing with in your quest for proper compensation.
A Defective Drug Product Liability Lawsuit can be Brought in Texas
Some drug manufacturers may sometimes have earned their reputation as being called “pill-pushers” than others who don’t behave quite so cavalierly in marketing their products. You can get a pretty good idea by watching those commercials for the latest “wonder drug (usually the latest dietary supplement that you can’t get from your doctor; and for good reason). With millions of dollars sometimes at risk in their efforts to get a drug to market, a drug manufacturer may cut corners in a variety of ways. Often, full and proper testing of the drug may not occur before the drug is released to the public. If this occurs and a detrimental side effect is not listed on the drug’s container causes harm to a person, that person can seek restitution for their injury through a defective drug product liability lawsuit. If a drug manufacturer produces a generic version that uses inferior ingredients which can be shown to have had a negative and injurious impact on a person, that manufacturer can likewise be held liable through a drug defect personal injury lawsuit. Lately, we have found that some of these drugs were developed overseas in countries that have less-stringent rules of manufacture. Then their developers and marketers try to circumvent US drug laws by classifying them as something different, only to turn around and market them “against registered type” that they have declared with the US FDA.
However, seeking legal action against a drug manufacturer is not for the faint of heart. Generally, conventional drug manufacturers are some of the most powerful industries in the U.S. And with millions and millions of dollars often at their disposal, drug manufacturers are always ready to protect their assets at all costs. For example, imagine that you were the first person to have suffered an injury due to a drug that was wildly popular or highly marketed, like Hydroxycut. Your lawsuit and the spotlight of negative publicity that was turned on the drug company may be enough to severely damage their bottom line sales figures of their popular pharmaceutical concoction.
As a result, they will work as hard as they can to ensure that you’re either paid off through an unmediated (and likely low-ball) settlement, or they will aggressively defend their company using a cadre of well-trained, highly experienced, and even more highly-paid, defense attorneys. In other words, they are certain to stop at nothing short of blatantly illegal in order to prevent any injured victim from receiving any type of compensation because such a defeat would mean that they erred and may face an avalanche of lawsuits following your successful injury damage award. While this is not an everyday scenario, the way that liable drug manufacturers may act is oftentimes all too true. And though you can’t really blame them for such aggressive defenses of their business, it’s something you must be prepared for if you decide to take on “Big Pharma.”
This is one of the reasons why many attorneys will not help a plaintiff/victim of a defective drug. The odds are often too-stacked against the victim’s rights, especially if a large drug manufacturer may be a defendant. The old “golden rule of business” saying of, “he who has the gold makes the rules,” can often apply to these types of cases.
However, the defective drug injury attorneys at our Texas Law Firm believe that every injured plaintiff (and their families) has the right to seek compensation for their injuries, regardless of the size or legal heft of a defendant. As proven by our past experience in assisting clients against large insurance companies and wealthy defendants, our attorneys have the knowledge, skill, fortitude, and attitude to aggressively defend your rights against even the toughest of opponents.
It should also be noted that some law firms will offer to assist a drug injury victim only to later sub-contract the work to another firm that has more experience in going up against big pharmaceutical companies. But if we believe that our services can help you achieve full and fair compensation, we will take your case and process it from start to finish. We are not interested in how you can help pad our successes list; we’re interested only in your success.
We have decades of stellar service for our clients. Our success record is impressive. And our reputation of fighting for our injured clients is well-known in the medical, pharmaceutical and legal community all over the U.S. The medical malpractice attorneys at our Texas Law Firm are ready to assist you if you have suffered a further injury due to an unsafe drug or a pharmaceutical error.
If you have suffered further injury or illness as the result of defective drugs or malpractice, represented by misprescribing or management of your drug care anywhere in Texas, contact the local attorneys at our Texas Law Firm for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260. Our personal injury lawyers are ready to help you hold all of these negligent parties accountable for their actions in causing you further harm or illness. We pledge to do that fearlessly, aggressively, thoroughly and effectively.
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Pharmaceutical Error Lawsuits in Texas
When a doctor, nurse, pharmacist, or other types of medical professional prescribes the wrong drug or the wrong dosage of a drug, and a patient suffers further injury or illness due to that mistake, injured victims may seek compensation for their further injury or illness through a pharmaceutical error lawsuit in Texas.
Pharmacy errors are a form of medical malpractice. However, pursuing legal action against a medical professional in Texas is quite challenging due to recent tort reform. While these tort reform efforts sought to prevent frivolous lawsuits from being brought against doctors and other medical professionals, who ended up tying up the court system with long-lasting civil suits, the tort reform had a more detrimental effect on injured victims who had a legitimate claim of medical malpractice. For instance, the tort reform set a cap on the amount of compensation that an injured patient could receive through a Texas medical malpractice lawsuit which – in most cases – is $250,000. This cap is often woefully inadequate in order to fully cover a victim with severe injuries and incurred damages. Due to this possible lack of full compensation, many medical malpractice attorneys in Texas avoid taking on such cases.
But there are ways around that damage cap amount if your pharmaceutical malpractice attorney is able to identify more than one liable party through investigation. So our attorneys can use this tactic to help you seek full compensation for your injury, whether such compensation may come from a negligent doctor, a negligent hospital, a negligent third party (such as the drug manufacturer), or a combination of all liable parties. For example, three negligent parties (not counting the drug manufacturer itself) can bring a damage amount that far exceeds the quarter-million-dollar cap.
Additionally, another roadblock that often causes medical malpractice law firms in Texas to resist taking on medical malpractice litigants is the fact that the standard of proof required of an injured person in a medical malpractice lawsuit is quite high because the duty of care owed a patient by healthcare providers is correspondingly high as well. As previously mentioned, medical experts must often be obtained to provide specific, technical information that can help to prove how a medical professional may have been negligent and produced your drug-related injury. Many law firms simply do not have access to such medical experts. Our firm does, and we have used countless medical experts in the past to assist our clients in regard to medical malpractice and pharmaceutical error injury cases in Texas.
We have decades of stellar service for our clients. Our success record is impressive. And our reputation of fighting for our injured clients is well-known in the medical, pharmaceutical and legal community all over the U.S. The medical malpractice attorneys at our Texas Law Firm are ready to assist you if you have suffered a further injury due to an unsafe drug or a pharmaceutical error.
If you have suffered further injury or illness as the result of defective drugs or malpractice, represented by misprescribing or management of your drug care anywhere in Texas, contact the local attorneys at our Texas Law Firm for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260. Our personal injury lawyers are ready to help you hold all of these negligent parties accountable for their actions in causing you further harm or illness. We pledge to do that fearlessly, aggressively, thoroughly and effectively.
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Powerful Forces Work Against you in any Drug or Medical Malpractice Lawsuit
The opposing attorneys use every trick they can think of to convince a jury that your lawsuit has no merit. The burden of proof is on you, the plaintiff. And not only must you prove your charges of neglect, you and your defective drug attorney must also prove every tactic and counter-charge that their defendant clients are not responsible, and therefore not liable, for your damages that can include medical bills, pain, and suffering, lost wages (current and future?) as well as disability if there is any.
And if they fail with that tactic, they’ll then claim that the damages you seek are excessive and unreasonable. And somewhere in there they’ll accuse you of frivolous civil action against them and wasting everyone’s time. They also do everything they can to delay your day in court with mountains of motions and other arguments in hopes of delaying the inevitable trial, while at the same time offering you so insulting a settlement amount that it couldn’t possibly pay all your damages, pain and suffering the defective drug or substandard medical treatment represented by a doctor or pharmacist’s erroneous prescribing of drugs to treat you. Even though it may be true because of your or someone in your family’s injury; maybe even your small child, they’ll do everything they can to avoid paying the rightful damages they owe.
And sometimes these manufacturers, lawyers, and insurance companies KNOW a product is unsafe but decided it was easier to pay a few insurance claims than change their ways. But 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 do it at you and your family’s peril.
Class Action Defective Drug Lawsuits: We Represent You, Not Some Lawyer in Some Far Away State
These days, you can’t avoid seeing some of the many lawyer commercials on television who are “trolling for clients” who might have been hurt because of some substandard pharmaceutical products. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer you are supposed to call is in California or New Jersey or some other state far from your home in Texas where the case has been filed.
This is likely a commercial in the interest of some class action drug liability lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people who have suffered an injury of either similar type, or at the hands of the same manufacturer, and are suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed high on the court’s docket. Then, when the class wins (or their lawyers have settled) they get to take a fair piece of a very large monetary compensation package that could be as high as eight or nine figures. In some cases, a class action suit can be a remedy for you, if you can “band together” with enough people who have suffered the same injuries or have the same manufacturer-defendant in their sights. But it’s not easy money. Nor is it one of those situations where you just get on the filing list, go about your business for a few months (or a few years, with little word from your lawyer) hoping to get a nice payday when it’s all over.
The law firm who is “running point” in this case 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 virtually no work when it comes to preparing the case, but still, get a nice fee to do little more than “client intake” work and shuffle papers. The way we see it, such 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 and get a “cut” of the legal fees for their minimal contribution to the class action lawsuit. They have no say in how the case is handled or argued. They’re just along for the ride.
We’ve been approached by many out-of-state class action firms quite a few 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 have no interest. There are synergistic elements to class action lawsuits that can make them very satisfying to the law firms that are actually involved. 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. Who knows? With the help of a defective product attorney with our Law Firm, your product liability case might be the first wave of what could become a class-action suit. We want you to know 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.
Your Only Real Hope in a Defective Pharmaceutical or Malpractice Lawsuit lies with an Experienced Attorney with our Law Firm
With a fearless attitude in defending the rights of our clients against big drug companies or other medical misanthropes who injured you with their products and services. The pharmacy and medical malpractice attorneys with our Law Firm are a powerful weapon in your fight for ultimate justice. Our investigative excellence, coupled with access to medical experts that can work to connect your injury to the negligence of a pharmaceutical manufacturer or medical professional, can be the perfect “prescription” to counter the many powerful forces aligned against you.
We have decades of stellar service for our clients. Our success record is impressive. And our reputation of fighting for our injured clients is well-known in the medical, pharmaceutical and legal community all over the U.S. The medical malpractice attorneys at our Texas Law Firm are ready to assist you if you have suffered a further injury due to an unsafe drug or a pharmaceutical error.
If you have suffered further injury or illness as the result of defective drugs or malpractice, represented by misprescribing or management of your drug care anywhere in Texas, contact the local attorneys at our Texas Law Firm for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260. Our personal injury lawyers are ready to help you hold all of these negligent parties accountable for their actions in causing you further harm or illness. We pledge to do that fearlessly, aggressively, thoroughly and effectively.
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If You Have Been Hit by a Drunk Driver in Texas, You May be Owed Damages: and Not Just From the Driver Who Injured You
The fact that drunk driving accidents have gradually declined the past few years is good news for us all. And yet, there’s still a good chance that one day you will be hit by an intoxicated driver. If that has happened to you, or a member of your family, you deserve to be compensated for your injuries, pain, suffering, and lost wages (if the accident disables you, or has taken the life of a beloved family member).
You also deserve reimbursement for damage to your vehicle and any of its contents. And the same goes for any injured passengers who were with you at the time of the mishap. In addition to needing financial compensation and other legal damages arising from the wreck, you also want to make this an experience so chilling for the drunk driver that they’ll never even consider driving drunk again. But have you forgotten about the “other” defendant: the bar or restaurant that negligently over-served this customer who then got behind the wheel and caused this horrible DUI wreck?
The drunk driving accident attorneys with our Law Firm are very adept at bringing negligent bars, restaurants, and the drunk drivers they create, to justice through Texas drunk driving accident lawsuits. We want to help you understand the complexities of pursuing – and winning – a drunk driving injury insurance claim or lawsuit. They are much more complex automobile accident cases because many DUI accidents are caused by a combination of the driver’s gross, or willful, negligence and the people who also made the driver intoxicated. This food and beverage company must also be held just as liable for their customer’s intoxication: the end-result coming when that driver hits your vehicle.
Not long ago state intoxication laws were rewritten. They are much more favorable for the victims of DUI accidents by the simple addition of the liability these bars and restaurants must now risk when they too are responsible for creating that drunk driver. Until a few years ago, liability belonged solely to the driver. And though these new laws are a bit more complicated than in the past, they now place more of the responsibility for compensating drunk driving accident victims on the food and beverage; an operation that over-served liquor to the intoxicated customer and began the series of events that led you to us.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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The Law is Now Even More on Your Side with the Addition of Liable Bars and Restaurants to Your Civil Action
The Texas Dram Shop Act holds those who serve alcoholic beverages to be more liable for the accidents caused by their intoxicated patrons. It created a clear series of guidelines by which this food and beverage businesses can deny service of alcohol to people who are apparently intoxicated. Recent research has shown that well over 95 percent of all drunk driving accidents in Texas happens when a bar or restaurant continues to serve visibly intoxicated customers: who then become drunk drivers and cause an accident that often leads to injuries and even deaths.
Before they were rewritten, Texas’ Byzantine dram shop laws posed virtually no deterrent to these bars and restaurants, and the liquor flowed like water: “no worries” for them. Plus, in the “old days” society didn’t view drunks as harshly as it does now. But the aggressive actions of the general populace, led by Mothers against Drunk Driving (MADD) and other groups, turned the spotlight of public awareness on those who are responsible for creating drunk drivers. And the Dram Shop Act was amended to make businesses that serve liquor much more liable both criminally and in civil cases. There are two primary features of these strengthened Dram Shop Laws that now apply.
The first is to make bars and restaurants more responsible for their customers’ level of intoxication. These more stringent restrictions now hold bartenders and waitresses legally liable for the amount of alcohol their customers consume. Food and beverage employees, from managers all the way down to busboys (and even some of the kitchen staff) are now receiving formal instruction that educates them in recognizing customers who are drunk, and the diplomatic ways in which they are to cease serving them alcohol. Since this new legal liability affects their livelihood, an awful lot of restaurant and bar employees have a new ability to recognize intoxicated customers. And this does help make Texas roads somewhat safer than they were before the new dram shop laws were passed by the legislature.
But enough bars and restaurants that serve alcohol still sometimes work at cross-purposes with Texas Dram Shop Laws. This is because they make a large share of their profits from the alcohol that they serve to their customers since it’s such a low-cost/high-return item. So even if DUI-related accidents have seen a detectible decline the past few years, too many of them still occur. And some F&B; operations find it difficult to do follow the law when that proper action certainly appears to work against their financial interests. But in addition to the heightened awareness in recognizing drunk patrons, the second primary objective of the new dram shop laws is to clearly make these establishments acutely liable for the drunk drivers they generate. This is so important in assuring that the victims of a drunk driving accident receive fair and adequate damage compensation for this conspiratorial recklessness of not only the drunk drivers but the people who are just as responsible for the driver’s intoxicated condition.
Before the new Texas Dram Shop Act, the victims of drunk driving accidents had much more limited sources of compensatory revenue from a DUI accident. Today, however, bars and other alcohol-serving establishments run the same risks as the drunk driver they create. Even the passengers who are in the car of a drunk driver have been able to successfully sue the establishments responsible for injuries arising from a DUI-related accident. But such success is not always assured unless there is an experienced Texas dram shop lawyer to represent them.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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The Ways in Which a Bar or Restaurant is Now Liable for DUI-Related Accident Damages
Food and beverage companies must be granted a license to serve alcohol by the Texas Alcoholic Beverage Commission (TABC). They must take a legal oath that they will serve alcohol responsibly and accept higher liability standards for their customers’ safety and welfare when it comes to intoxication. If they are found to have broken these laws, penalties can include heavy fines, loss of their liquor license and, if appropriate, criminal prosecution. The new dram shop laws also require them to train their employees on how to recognize a patron who is clearly intoxicated and how to diplomatically cut them off. These TABC administered alcohol education courses are something like the mandated defensive driving courses you must take to remove a traffic ticket from your driving record or to get a discount on your auto insurance. And to be honest; though very valuable, they’re about as interesting as a defensive driving course (which in this case could be akin to watching paint dry).
Sophisticated point-of-sale technology you’ll now find in many bars and restaurants is also a powerful tool that allows restaurant and bar employees to better track the level, and frequency, of their customers’ alcohol consumption. With a few “grandfathered” exceptions, these databases are now a legal requirement in most food and beverage outlets in order for them to hold a Texas liquor license. So the tools exist that can effectively help bars and restaurants keep our streets safer. But that doesn’t mean they always use them properly, or in some cases, willfully because, as we mentioned, some view serving less alcohol as not being good for business. And sometimes, as they pursue bigger tips, bar and restaurant employees can willfully turn a blind eye to their inebriated customers.
But these employees know they are ultimately responsible for making sure their customers are not drunk. And yet, detecting the legal level of intoxication in a customer is not an exact science (without a breathalyzer) since every person reacts to alcohol differently. There is also the possibility that a number of factors not immediately known to the bar or restaurant employee can make it more difficult to understand just how drunk a customer might be. Your drunk driving accident and dram shop attorneys with our Law Firm can rattle that long list off to you; probably in their sleep. So be sure to ask.
But short of bars and restaurants having a breathalyzer at the front door there is no universal way for the food and beverage owners, managers and workers to know for certain that a customer is legally drunk. But that still doesn’t relieve them from liability. So they all must be very observant of customers’ alcohol consumption and use the good judgment we all assume they have been taught.
And yet, that doesn’t always happen. So if they break the law, dram shop laws now hold food and beverage businesses directly liable for paying legal damages in a DUI-related auto wreck. If necessary, bars must call the police to prevent intoxicated patrons from leaving. Some even offer to call cabs for their customers. And many have “designated driver” campaigns which we strongly support. But until the day when every bar owner calls a cab, or finds a designated driver for every drunk customer, or buys a breathalyzer, accidents involving drunk drivers will continue. And when this happens, the bar and the customer are viewed in the eyes of the law as equally negligent. Each is responsible for contributing to the intoxicated patron’s condition. And each can be held legally liable for any damages, injuries or deaths arising from their “conspiracy” that caused this intoxicated customer’s tragic, but foreseeable, actions.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Experienced Legal Representation ups the Odds of Winning Drunk Driving Accident Claims and Lawsuits
You might think that the process of receiving, fair compensation when a drunk driver hits you is relatively straightforward. Some of you might even think you can handle this on your own. But without retaining a competent Texas intoxication accident injury attorney, you’ll quickly learn that lawsuits against drunk drivers, the establishments who are responsible for their intoxication and their insurance representatives, are anything but simple. And you’ll sadly discover (too late) that you have very little chance of success against this stacked-deck.
Someone’s insurance company will certainly question your claim, even if you have the law on your side. And businesses that serve alcohol, since they must also be made to pay, will work just as hard to deny your legal claim. So in addition to your injuries, or dealing with a loved one’s death at the hands of a drunk driver, shouldn’t you leave dealing with insurance companies, their adjusters, lawyers and investigators who all want to keep their money to someone who knows the ropes and how to use them to your advantage? Are you really certain you want to tiptoe around all of these people who could care less about your pain, suffering, medical bills, lost wages, possible disability or the death of a close loved one?
But on the other hand, a knowledgeable, skilled drunk driving accident and dram shop attorney, like those at our Texas Law Firm has helped many of your Texas neighbors overcome these challenges, and more. These are obstacles everyone must deal with as they wind their way through the complicated, yet necessary, legal process that delivers fair drunk driving accident damage compensation by turning back the defendants and all their henchmen whose job is to deny your rightful civil damage cases.
Your Experienced Drunk Driving Accident Lawyer Can Negotiate a Fair Settlement
The best outcome in any civil lawsuit is a fair settlement and not going to court. This is because trials are expensive and you have more control over the outcome before the trial date. And sometimes you just can count on a jury to do the right thing. Juries are made up mostly of people who weren’t able to avoid jury duty and want to be released from that civic responsibility as soon as possible. And though favorable settlements are not always easy to reach, having an experienced drunk driving accident attorney significantly increases your chances of a positive outcome, often without having to walk into a courtroom.
This is why your “hole card” is to retain capable and aggressive legal counsel as soon as possible who can quickly begin the investigation that will back up your charges of driver and dram shop law liability. This is probably the most vital portion of the life of your case. Witnesses to the circumstances and events leading up to the drunk driver causing your accident must be found, and interviewed: quickly! The more time that passes before you hire a lawyer, the harder it is to track these people down.
Other investigations and assessments of liability must be conducted, chronicled and documented. An investigation of which the liable parties have the means to pay your claim once they have been found guilty is also necessary. Insurance companies must be contacted by your attorney to let them know you have a lawyer and are seriously pursuing a damage claim. Law enforcement officials and others who are able to shed light on your case must also be found and interviewed. And if we find evidence of any further criminal action on the part of any defendant, the DA needs to know about it. Your opponents begin working against you almost from the moment the accident occurs. Shouldn’t someone be doing the same thing for you?
The Value of a Skilled Attorney in Your Fight to Win Your DUI Accident Damages
For decades our Law Firm has repeatedly demonstrated why it is successful in winning fair compensation against those who drink, then cause auto accidents, as well as those on the dram shop law violators who would also deny you that fair compensation. This success is the product of many diverse, but equally vital skills, such as:
Your skillful Texas dram shop lawyer is able to counter aggressive and well-funded defense lawyers who cloud the issues of liability for your injuries and other legal damages.
Our Law Firm can clearly prove the bar or restaurant disregarded the law and continued to serve the intoxicated customer who caused your accident.
Your legal counsel can stop the heavy-handed behavior of insurance companies who fund this legal battle against you; because in the end, they’re the ones who must write the check for your settlement.
We are highly-skilled at educating a jury in all the nuances of drunk driving cases and creating empathy in the minds of jurors that you have been wronged, and how it happened.
And ultimately, your drunk driving accident attorney must craft your case so well that your opponents see the futility of fighting you in court and agree to the reasonable settlement you were seeking all along.
By successfully countering every argument of all your opponents and by building the strongest provable case that convinces a jury that your case is just, an experienced dram shop and drunk driving accident attorney with our Law Firm is well-positioned to win the highest reasonable amount to compensate you for your drunk driver damage claims or lawsuits.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Dram Shop Law Violators Try to Wiggle Out of Paying Your Damage Compensation
The burden is always on you, the plaintiff, and your attorney to prove your damage claims in court against both the drunk driver and the bar or restaurant. And though we have aggressive dram shop laws in Texas, they don’t automatically make the defendant liable. Nor is it reasonable for any plaintiff to believe that just because they ask for damages, they are automatically entitled to them. Everything you charge, you must prove, beyond a shadow of a doubt. Part of the defense strategy might include assaulting your character, or maybe even questioning if you were also intoxicated, but eluded detection. So be prepared to not only clearly prove your case but plainly refute any charges leveled at you by the defense in order for the bar that served the intoxicated driver to avoid a guilty verdict. We call this the plaintiff’s additional burden to DIS-prove all the countercharges made by the defendants.
Though there is some truth that the drunk driver is mostly responsible for the accident, once it is proven that the bar over-served the driver, the owners, managers, and employees are just as financially liable as the driver. And they are equally obliged to pay their share of the damages owed you for that negligence that caused the drunk driving accident which injured you. Our Texas intoxication accident injury attorneys in making certain a jury of your neighbors clearly understands all of your evidence, why it proves your case and reinforces your legal right to receive the full amount of compensation that is due you by law.
An Experienced DUI Accident Injury Attorney Shields You from Underhanded Insurance Company Tactics that Threaten Your Case
The insurance companies pull the lawyers’ strings. They are either on-staff or on permanent retainers. And they’re very good. Both the lawyers and their insurance companies know every trick in the book to avoid paying any accident victims’ legal damage claims. And when they are forced to pay, they fight just as hard to make the amount of that check as small as possible.
A great advantage for insurance companies in a drunk driving lawsuit is the fact that juries cannot be directly told that an insurance policy or the carrier that underwrites it is involved in this lawsuit, even if it’s pretty easy for the jury to figure out. This allows insurance companies, in concert with their attorneys, to use misleading, and sometimes dubious tactics to deny a legal claim in civil court. So the jury must understand for themselves because no one can tell them that an insurance company is the one whose financial interests are as much at stake as the food and beverage operation and the drunk driver.
And to further complicate your case, these recent more restrictive dram shop laws have emboldened insurance companies even further. They now encourage cases to be taken to trial that only a few years ago, might not have even seen the inside of a courthouse because more money is at stake.
Only the most stout-hearted drunk driving accident attorneys are willing to stand up to these bullies on behalf of injured plaintiffs. Don’t you need an experienced attorney with a proven track record to let them know you are serious about fighting for your legal rights? For there’s one thing about bullies we all know is true. If you’re willing to fight them, you often discover that they really don’t want to fight you.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Is Your Drunk Driver Accident Attorney Able to Counter Aggressive Defense Lawyers?
Our Law Firm only represents victims of drunk driving injury accident cases. Even before today’s dram shop laws, we’ve firmly believed that those who serve alcohol are just as responsible for drunk driving accidents as the intoxicated driver. Since these laws now hold bars and restaurants liable for these criminal offenses, some attorneys now exclusively defend establishments that serve liquor from their legal responsibilities in causing a drunk driving accident, because those businesses have the money to pay them. We also understand why the dram shop laws have led to fewer attorneys who are willing to accept DUI wrongful death accident cases on behalf of injured plaintiffs. But it is very difficult for a lot of personal injury law firms to succeed against experienced lawyers who represent bar and restaurant dram shop, law defendants. And it’s just as difficult for inexperienced lawyers to “do the deal” with an insurance company to get what you deserve without having to live through the ordeal of a civil trial.
The drunk driving accident attorneys at our Texas Law Firm have faced-down almost every insurance company and their defense firms in the state. We have successfully resolved untold hundreds, and likely thousands, of drunk driving accident cases against these highly competent firms on behalf of our plaintiff-clients. Our experience in scrupulously building the strongest dram shop liability case possible is well known. And we fight for our clients’ right to receive the compensation they deserve for their injuries and damages: even those surrounding wrongful death DUI cases. This means not allowing our clients to become victims of aggressive insurance companies and their defense lawyers after being victimized by a drunk driver, and the bar or restaurant that created these dangerous nuisances.
If Your Case Ends up in Court, Knowing How to Influence Cannot be Undervalued
If you end up in court, it comes down to what the jury thinks of your evidence. And your DUI and dram shop lawsuits mean only as much as the settlement a jury can award you because of the quality of your evidence. It’s not very difficult for a lawyer to explain the numerous technicalities of liability in a drunk driving accident to a jury. And it’s not all that hard to prove damages or to show, in the eyes of the law, that you and your attorney have satisfied the burden of proof that inspires a jury to award you that compensation.
What juries have a hard time within drunk driving liability cases is a clear understanding of the shared liability for the accident, relative to the Dram Shop Act, and not think this double whammy of both criminal and civil liability upon the bar or restaurant seem heavy-handed, and sometimes draconian. If a bar or restaurant has already paid a very stiff fine AND lost its liquor license AND some of its employees are even facing criminal charges for serving the drunk driver, juries can see this as “piling on.” So, in the final analysis, your experienced dram shop lawyer must make the jury feel your pain more than they feel the defendants.
Juries must understand that bars can often act at cross-purposes to public safety and that they must take responsibility for their actions. They also must appreciate just how tragic a price, both monetarily and physically, drunk driving accident victims must live with because of the actions of those bar or restaurant employees who placed that drunk driver behind the wheel. When it comes to DUI accident liability, the one who “loads the gun” is just as responsible as “the one who fires it.” And all of this must be done to a group of 12 people who sit in judgment of you and the defendants, simply because they weren’t able to avoid serving their civic duty.
The only way to defend your rights as a DUI accident victim is with an experienced and gifted lawyer who speaks in a manner that appeals to a jury and makes them clearly understand that you must receive compensation for your damages so you can get back on your feet. Those who have been injured by a drunk driver suffer great financial, emotional, and physical injury. And surviving family members of a DUI fatal accident deserve compensation for their devastating loss just as well. Bringing a drunk driver to criminal justice is one thing. But until the havoc, drunk drivers cause to their victims is repaired and their lives return to normal (or as close as possible) justice is still not done.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Our Law Firm is a Proven and Effective Legal Partner in Wining Fair Damages for You
If you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and is inspired to fight hard for your family’s legal rights, you might want to reconsider retaining anyone who might have a difficult time emotionally disassociating him or herself from your DUI accident injury case. Personal injury law is quite intense and at times, very contentious. An attorney, who is pragmatic, focuses solely on the facts of a case and is cool under fire best serve his clients. Too much empathy can cloud a lawyer’s thinking and create mistakes at the most crucial of times.
Did You Know?
Our Texas Texas attorneys have won hundreds of drunk driver accident cases. Call us today to discuss your case. 1(800) 862-1260
What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now, and leaves even more on the table than an experienced attorney would not? How will you feel about your friend or relative then? Here’s a word to the wise. Family members or friends don’t belong in your legal business.
Our Drunk driving accident lawyers have helped drunk driving accident victims throughout Texas win damage compensation for decades. His professional lawyers and staff are supremely-qualified and experienced at deftly overcoming the many challenges and obstacles you face when filing a dram shop liability lawsuit, and have demonstrated an ability to investigate all the facts surrounding the accident.
We bring very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, proving that the driver is clearly at fault is not difficult. But we are also dedicated to bringing the bars that serve them to equal justice. Every liable party for your injuries must take responsibility for their negligence. We have a successful track record as litigants on our injured clients’ behalf. And because of this, once your opponents know we’re on the case, the insurance companies who represent the defendants often offer our clients sizable, and fair, damage settlements because they do not want us to take your case to court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact our drunk driving accident and dram shop attorneys with our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation. Our Law Firm can help you win the fullest and fairest compensation that you need to resume your life, give you justice and peace of mind.
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If You Have Been Hit by a Drunk Driver? We Can Help You Win Rightful Damage Compensation
Even though generally, drunk driving accidents are on the wane, the odds are still pretty good that one day, you will be involved in an auto accident in which the other driver was legally drunk and caused the unfortunate wreck that injured you.
In addition to the damage to your vehicle, you have probably suffered serious injuries, and need financial compensation for them, along with other legal damages arising from the wreck. It is your right to file a personal injury lawsuit to force this negligent driver to pay not only for damages to your vehicle and your medical expenses. If others were in your car and also injured when a drunk driver hits you, it is your obligation to legally force the drunk driver to compensate them for their injuries as well.
The Texas drunk driving accident attorneys at our Texas Law Firm have many years of significant experience at bringing negligent bars, restaurants, and drunk drivers to justice through Texas drunk driving accident lawsuits. We can help you understand the intricacies of pursuing, and winning, a drunk driving injury claim or lawsuit. Very often, they can become much more technical than normal automobile accident cases because many drunk driving accidents are caused by gross, or willful, negligence on the part of the driver, and maybe even the bar or restaurant that served him. So the people who are responsible for making him intoxicated must also be held liable for this driver’s condition that led to him or her to get behind the wheel of their vehicle and hit yours.
Over the years, the laws surrounding responsibility and compensation for accidents arising from Driving under the Influence of Alcohol, or DUI, have changed. The most prominent feature is that they spread out the legal blame for the drivers’ condition that, until some years ago, only belonged to that driver. And because another liable party is now added to the mix, it makes them more complicated than in the past. But these new dram shop laws now place more of the responsibility for compensating you upon the bar or restaurant that over-served liquor to the intoxicated person who then went out, drove drunk, and caused an accident involving you.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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New Texas Dram Shop Laws Brings Bars and Restaurants into the DIU Liability Pool
The Texas Dram Shop Act is a set of laws designed to hold sellers of alcoholic beverages responsible for the accidents caused by their patrons and to also stop the sale of alcohol to people who appear to be intoxicated. Recent research has shown that well over 95 percent of all DUI-related accidents in Texas happens when a bar or restaurant continued to serve already intoxicated customers, who then got in their cars and caused a wreck.
The original Dram Shop Laws were passed years ago but had little impact in preventing DUI accidents. But especially due to the aggressive actions of organizations like Mothers against Drunk Driving (MADD) and a groundswell of public opinion, they have been amended and modified to make them much more powerful in both criminal and civil cases. There are two primary objectives of these strengthened dram shop laws.
The first goal is to make bars and restaurants more responsible for their customers and for their level of intoxication. This stricter set of rules makes bartenders and waitresses legally responsible for the amount of alcohol their customers consume. Bar and restaurant employees, from managers all the way down to busboys (and some kitchen staff) must receive instruction, and become legally certified that they know how to recognize these intoxicated customers and when they need to be cut-off. Since this new legal liability affects their livelihood, many restaurant and bar employees have a much greater sensitivity, and ability to recognize intoxicated customers. And this in-turn has generally helped to make Texas streets and highways moderately safer than they were before the new dram shop laws were enacted.
But sometimes, the very nature of bars and restaurants that serve alcohol can still on-occasion work at cross-purposes with our dram shop laws. This is because these establishments make a very large portion of their profits from alcohol they serve to their customers. Part of the reason is that alcoholic beverages are a low-cost/high-profit margin product. So even though over the past few years DUI-related accidents are on the decline, enough of them still occur. And sometimes when you’re a bar or alcohol-serving restaurant, it’s difficult to do the right, thing when that appropriate action appears to work against your best financial interests.
So in addition to the heightened awareness in recognizing drunk patrons, the second primary objective of the dram shop laws makes these establishments directly liable for the drunk drivers they produce. It is so important in assuring that the victims of a drunk driving accident receive fair and adequate compensation for the recklessness of not only the drivers but the people who are equally responsible for their intoxicated condition. And this is best accomplished through the experience of a dram shop attorney.
Before the Dram Shop Act was more stringently modified and applied, the victims of drunk driving accidents had no legal recourse against anyone but the drunk driver. But now, the bars and alcohol-serving restaurants can be held just as liable for damages as the drunk driver who hit you. In some cases, even the passengers who are in the car of a drunk driver have been able to successfully bring suit against the drivers, and the establishments responsible for a DUI-related accident. And every now and then, the drunk drivers have been able to successfully sue a negligent bar or restaurant. But such success is not always assured.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Determining When a Bar or Restaurant is Liable for a DUI-Related Accident Damages
Because a bar or restaurant must be granted a license to serve alcohol by the State of Texas, these establishments legally agree that they will serve alcohol responsibly and accept that certain liability standards for their customers’ safety and welfare when it comes to intoxication will be met. They also accept the obligation to train their employees on not only recognizing a patron who is clearly intoxicated, but how to deftly cut them off in a diplomatic way. These “recognition” courses are relatively standard and similar in form to the mandated defensive driving courses you must take to remove a traffic ticket from your record or to get a discount on your auto insurance. And with the advent of sophisticated point-of-sale in many bars and restaurants, computer-monitored ticketing systems allow employees of these establishments to easily track the level, and frequency, of their customers’ alcohol consumption. With a few exceptions, such a tracking system is also now a legal requirement in most bars if they are to hold a license to serve liquor in Texas. So the tools used by the food and beverage industry are in place to help them keep out streets safer. But that doesn’t mean they use them, or if they do, that these sophisticated programs are used properly.
For even though better monitoring systems are in place, the employees know they are ultimately responsible for making sure their customers are not intoxicated. Often, detecting the legal level of intoxication in a customer is not that cut-and-dried because every person reacts to alcohol differently. And sometimes food and beverage employees turn a blind eye in pursuit of bigger tips.
There is also the possibility that a number of factors not immediately known to the bar or restaurant employee can make it more difficult in determining just how intoxicated a person is. Sadly, there is no universal way, short of bars and restaurants having a breathalyzer at the front door, for the food and beverage owners, managers and workers to know for certain that a customer is legally drunk. This is why these employees and owners must be very observant of all their customers and use good judgment.
But obviously, that doesn’t always happen. And in spite of common understanding, it is against the law to be publicly intoxicated in Texas and it is illegal for bars to contribute to their patrons’ public intoxication. So if they break the law, they are liable for legal damages in a DUI-related auto wreck. If necessary, bars must call the police to prevent intoxicated patrons from leaving. Some even offer to call cabs for their customers. And many have “designated driver” campaigns. But until the day when every bar owner calls a cab or finds a designated driver for every drunk customer, we will have accidents involving drunk drivers. And for every one of those, some bar or restaurant will probably share the liability.
If a drunk customer leaves a bar, even if he doesn’t intend to drive, that person is breaking the law; as is the bar that served him. And when this happens, the bar AND the customer can be legally viewed as equally negligent. Each is responsible for contributing to the intoxicated patron’s condition. And each can be held legally liable for any damages, injuries or deaths arising from their “conspiracy” that caused this intoxicated customer’s tragic actions.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Bars and Restaurants (and Their Insurance Companies and lawyers) Try to Wiggle out of Dram Shop Law Liability
Defense attorneys who represent a bar or restaurant in many drunk driving accident lawsuits will argue every technicality they can think of to get their clients off-the-hook. And there are a few they can hide behind. Or they can throw the bartender or server under the bus and claim they just ignored the law because they were going for a bit tip. But even if their arguments are empty and without foundation, the burden of proof is always on you, the plaintiff, and your attorney to prove your damage claims in court. And just because we have aggressive Dram Shop Laws in Texas doesn’t automatically mean that you can collect. Nor is it reasonable for any plaintiff to believe that just because they ask for damages, that they are automatically able to get them. Everything you charge, you must prove, beyond a shadow of a doubt if you can. And all excuses that defendants and their attorneys offer-up must be exposed for what they are: empty claims by your opponents to call attention away from the true fact that they are liable and owe you damages.
And though there is some truth that the drunk driver is the immediate cause of the accident, once it is proven that bar served the driver past the point of intoxication, the owners are then just as financially liable as the driver, and both are equally obliged to pay the damages owed you for that negligence that caused the drunk driving accident.
Our dram shop attorneys make certain a jury clearly understands all of your evidence and why it proves your case. We dedicate our energies on your behalf to holding all those who are responsible for your DUI accident injuries fully liable for their part in this injustice and make certain you receive the full amount of compensation that is due to you.
Underhanded Insurance Company Tactics Are a Big Reason Why You need an Experienced Drunk Driving Accident Lawyer
Liquor liability defense lawyers and multi-national insurance companies go together like love and marriage. Where one is, another is usually not far away. The insurance companies pull the lawyers’ strings. They are either on-staff at the insurance company itself or on permanent retainer, they’re that good. Both the lawyers and their insurance companies know every trick in the book to avoid paying accident victims. And when they must pay, they fight just as hard to pay as little as possible.
In Texas, the playing field is in their favor from the start by making you the one who has the burden of proving your charges in order to be awarded damages. But they have another point in their favor. A huge advantage for insurance companies in a drunk driving lawsuit is the fact that juries cannot be directly told of their involvement in this lawsuit, even though the lawyers who argue their case are in being paid by the insurance company: though if it’s not hard for the jury to figure out. But what this can do is place subtle doubt in the minds of the jurors that the driver and the bar or restaurant are fighting are the ones who will be paying damages once they are found guilty, not the insurer.
This allows insurance companies, through their attorneys, to use misleading, and sometimes deceitful tactics in their attempts to deny a legal DUI accident injury claim in civil court. So the jury must figure it out for themselves because no one can tell them that an insurance company is the one whose interests are the ones that are really at stake even more than the food and beverage operation and the drunk driver. Can you believe it, a legal case where it’s all about the silent and unindicted, insurance company and not about the real defendants? Of course, you can. You just can’t say so, in court.
And to further complicate your case, these recent more restrictive, liquor liability law changes have emboldened insurance companies even further. Unless the case is a slam-dunk for the plaintiff, they now encourage cases to be taken to trial that only a few years ago, might not ever have seen the inside of a courthouse.
So here’s what it boils down to when it comes to the insurance company’s involvement in your drunk driving case. These companies get away with a lot; just because they think they can. And only the most courageous and experienced drunk driving accident attorneys are willing to stand up to these bullies. Don’t you need an experienced DUI and dram shop attorney with a proven track record of successfully representing their clients to let them know you have a strong case, are serious about fighting for your legal rights and will not be denied in getting this needed damage settlement that you are legally entitled to?
A Fair Settlement Without a Trial is the Best Outcome a Drunk Driving Accident Lawyer can Perform for You
Everyone knows that the best conclusion in any civil lawsuit is to reach a fair settlement and not have to go to court. There are several simple reasons for that.
You have more control over the outcome.
Trials can be very expensive and onerous.
And you just can’t rely on civil juries that are made-up mostly of people who weren’t able to avoid jury duty and want to go home as soon as possible.
And though favorable settlements are not easy to reach, having an experienced drunk driver accident lawyer representing your case who does all the work necessary to assure success in the courtroom, diametrically increases the chances of a good outcome for your lawsuit without having to see the inside of a courtroom.
This is why you should retain capable and aggressive legal counsel at the earliest opportunity so they can begin the investigative process, which is one of the most vital phases of your case. Witnesses to the circumstances and events leading up to a drunk driver causing your accident need to be found, and quickly. The more you allow time to passé before hiring a lawyer, the harder it is to track them down. Not long ago, we were retained the very night of a DUI accident and began our investigation before the bar even closed. Because we were on the case so quickly, we were able to begin interviewing witnesses the very night of the fatal DUI wreck and collected a wealth of evidence that very night which pointed to the negligence of the bar that mixed and served all those apple martinis to the drunk driver who killed our client’s young daughter.
Other investigations and assessments of liability must be conducted, chronicled and documented. Insurance companies must be contacted by your attorney, letting them know you have a lawyer and are serious about seeking damages. Law enforcement officials and others who are able to shed light on your case must be found and interviewed. One thing is certain. Your opponents begin working against you almost from the moment the accident occurs. Shouldn’t someone be doing the same for you?
Now sometimes, no matter what you and your legal advisors do, a trial is inevitable. In such cases, the experience and tenacity that your drunk driver attorney displays in preparing the best case possible, and negotiating on your behalf, often translate into success for you in the courtroom.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Here are a Few of the Many Legal Skills Necessary for Your Attorney to Win Fair Damage Compensation
Our Law Firm has demonstrated for over decades why it is so successful in winning fair compensation against those who drink, then cause auto accidents and the bars or restaurants who make them that way, as well as those on their side who work to deny you that fair compensation even before you are in court. Success requires many skills in order to win your case, such as:
Your drunk driver accident lawyer must be able to counter aggressive and often well-funded defense lawyers who cloud the issues of liability for your injuries and other legal damages.
Your attorney must also prove the bar or restaurant’s disregard for the dram shop laws and continued to serve the intoxicated customer who caused your accident.
Your attorney must also stop the bold, heavy-handed behavior of insurance companies who are funding this legal battle against you; because when the judge’s gavel comes down in your favor, they’re the ones who typically end up writing your settlement check.
Your lawyer must be skilled at educating a jury in all the nuances of drunk driving cases and create sympathy in the minds of jurors that you have been wronged.
And ultimately, your lawyer must meticulously build your case so well that your opponents see the futility of fighting your claims in court and agree to the reasonable settlement you were seeking all along.
By successfully countering every argument of all your opponents and by building the strongest provable case that convinces a jury that your case is just, our Law Firm is able to win the highest reasonable amount to compensate you for drunk driver damage claims or lawsuits.
If Your Case Comes Down to a Fight in Court, Reading a Jury is Elemental to its Success
In the final analysis though, what the jury thinks of your evidence will determine whether or not you win. And your drunk driving personal injury lawsuit means only as much as the damage amount a jury can award you because of the quality of your evidence. It’s not that difficult for a lawyer to explain to a jury the numerous technicalities of liability when it comes to a DUI injury accident. And it’s not all that hard to prove damages or, for those damages to show, in the eyes of the law, that you and your attorney have satisfied the burden of proof enough for the jury to see that you deserve compensation you seek.
What juries have a hard time with in a dram shop liability cases is a clear understanding of the shared liability for the accident and not think this double whammy of both criminal and civil liability for their acts combine to make punishment seem heavy-handed, almost to the point of being patently unfair to the bar or restaurant. Drunk drivers who hurt or kill someone usually go to jail. And it’s not unusual for some juries to see this as punishment enough. This can make them hesitant to further punish the drunk driver; especially when the law seems to complicate things by punishing a bar or restaurant in addition to the drunk driver. What happens if the damage amount is so great that the bar or restaurant must close, causing the employees to lose their jobs in these days of hard times (remember, they can’t be told that the insurance company is the one that pays)? So in the final analysis, your experienced drunk driving attorney must make the jury feel your pain more than it might feel the defendants.
Juries must be made to understand that bars who violate the dram shop law are acting counter to public safety and that they need to take responsibility for their actions that Texas law now demands of them. They also must appreciate just how tragic a price, both monetarily and physically, drunk driving accident victims must live with for the actions of those who placed that intoxicated person behind the wheel. When it comes to DUI accident liability, the one who “fires the gun” is just as responsible as “the one who loaded it.” And all of this must be done to a group of 12 different people who sit in judgment of you and the defendants, simply because they weren’t able to avoid jury duty and would rather be someplace else.
The only way to defend your rights as a victim is with a drunk driving accident lawyer who speaks in a manner that appeals to a jury and makes them understand, even empathize, that you must receive compensation for your damages in order for you to put this tragedy behind you and your family. Those who have been injured by a drunk driver suffer great financial, emotional, and physical injury. Bringing a drunk driver to criminal justice is one thing. But until the damage drunk drivers (and the bar or restaurant that created them) cause to their victims is repaired and their damaged lives are returned to normal, justice is never done.
Our professional staff and attorneys understand this. We pledge to our clients that if a jury must be told the true story about your case, it will clearly understand your pain and anguish if we end up representing you in court.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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Not Many Drunk Driver Accident Attorneys Are Willing to Fight for Plaintiff Rights
Our firm only represents victims of drunk driving accident cases. And we’ve learned since the Dram Shop Act was amended to include those who serve alcohol as responsible parties that some attorneys now focus solely on defending bars and restaurants from their legal responsibilities in causing a drunk driving accident. And we understand why few attorneys are willing to take on these plaintiff cases because the money is found in the defendants’ pockets much more than the plaintiffs’. So those that do represent food and beverage drunk driving defendants have done so hundreds of times; which not only makes them wealthy but also very experienced, quite capable and a true danger to your case. So it’s not hard to understand why it is very difficult for most personal injury firms, and almost impossible for those who do not specialize in DUI-related injury, to succeed against these experienced defense lawyers, or “do the deal” with an insurance company so you get what you deserve without having to experience a trial.
The drunk driving legal professionals at our Texas Law Firm have faced almost every insurance company and their defense firms in the U.S. when it comes to DUI and dram shop cases. We have successfully resolved hundreds of drunk driving accident cases against these highly competent firms. Our experience in meticulously building the strongest liquor liability case possible on our clients’ behalf is well known to our opponents. We strongly believe in our clients’ right to fight for and win the compensation they deserve for their injuries and damages. And this means not allowing our clients to become victims of aggressive defense lawyers or the insurance companies that pay them.
The Only Way to Receive Fair Damages in a Drunk Driving Accident is With an Experienced Lawyer at Your Side
You might be thinking right now that the process of seeking, and receiving, fair damage compensation when a drunk driver hits you is relatively straightforward. Some of you might even think you can handle this on your own. But those who fail to retain a competent local drunk driving accident attorney from the very beginning find that lawsuits against drunk drivers and especially the well-funded establishments who are responsible for their intoxication are anything but simple. These reckless plaintiffs usually discover too late that they have virtually no chance of a successful settlement or civil lawsuit at all if they have no experience on their side.
But on the other hand, a knowledgeable, skilled drunk driving accident attorney, like those at our Texas Law Firm is helping countless of your neighbors to overcome the many challenges to ultimate success as you move through the complicated, yet very necessary, legal process that delivers to you the fair drunk driving accident damage compensation you deserve as a victim.
The Dram Shop and drunk driving accident lawyers with our Law Firm have been helping these accident victims effectively seek compensation for decades. Our firm has successfully resolved hundreds of cases for its clients against negligent bars and drunk drivers and the insurance companies that invisibly pull the defendant’s strings behind the scenes. Our professional lawyers and staff are highly qualified and experienced at eliminating the obstacles you face when filing a dram shop lawsuit, as well as the ability to investigate all the facts surrounding the case.
We are highly adept at building very strong lawsuits against drunk drivers. Most of the time in a drunk driving case, the driver is clearly at fault. Our cases concede that. But we are also dedicated to bringing the bars that serve them to equal justice. We have a successful track record as litigants on our clients’ behalf. Because of this, once all of your opponents know we’re on the case, the defense firms and insurance companies change their tune and often offer our clients sizable, and fair, damage settlements because they do not want to see us standing beside you in court.
So if you or someone in your family is suffering as a victim of a drunk driving accident, contact the drunk driving accident attorneys now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. Our Law Firm can help you win the compensation you need from not only the drunk driver who hit you but the establishment that created that intoxicated defendant. This is what ultimately gives you justice, and the peace of mind you and your family deserve in the wake of this avoidable tragedy.
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