legal 1/14/2020 18.) Medical Malpractice, Dentist & Orthodontist Malpractice - gtg

legal 1/14/2020 18.) Medical Malpractice, Dentist & Orthodontist Malpractice – gtg

Posted on January 14, 2020, 9:54 pm By David Strebler

Seriously Injured Due to a Surgical Mistake? Get All of the Facts before Filing a Malpractice Lawsuit

Of the approximately 50,000 deaths attributed each year to medical mistakes, many of those deaths are caused by surgical errors. And even more, lead to significant injuries: some even to long-term disability. Surgery is necessary, but still, a dangerous risk even when everything goes well and there are no mistakes.

Even the smallest surgical error can be life-threatening. Surgical errors can include operating on the wrong body part, using infected equipment, organ or tissue damage during surgery, or pre-operation errors like taking an incomplete or improper medical history, among other things. Anesthesia errors have been found to be a very high contributor to surgical errors and these pose very grave dangers to the patient.

Medical malpractice cases, including those that involve surgical errors, are some of the most complex and difficult personal injury cases we have encountered. Over the past few years, the laws surrounding medical malpractice have undergone extensive modification by way of tort reform in Texas in order to protect medical professionals from lawsuits. This tort reform has created very strict conditions that must be met in order for a medical professional to be held liable for an injury. And the fact that there are now damage caps on medical malpractice cases can make it exceedingly difficult to collect fair damages in a surgical error case. Without knowing these conditions and presenting your case in such a way that clearly proves your damages, your chances of success are not very good without an experienced Texas surgical malpractice lawyer.

Due to the dubious nature of malpractice, you must have a legal professional who is extensively familiar with medical malpractice law. Luckily, our medical malpractice attorneys have been working with victims of surgical errors for decades and we know how to deal with the difficult nuances of modern medical malpractice cases. If you have been injured by a surgical error, contact the Texas medical malpractice attorneys at our Texas Law Firm and let us help you get the compensation you deserve.

The experienced surgical and medical malpractice attorneys of our Law Firm have decades of experience in calculating, then proving the correct amount of damages done to our clients, in addition to aggressively representing our clients against negligent healthcare professionals, their powerful insurance companies and the adept lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your surgical malpractice-related damages. Our goal is to help you get back onto the road to recovery. And the compensation we win for you is vital to you and your family’s recovery.

If you have suffered injury or illness as the result of surgical malpractice anywhere in Texas, contact the medical malpractice attorneys at our Texas Law Firm for a free and confidential legal consultation. Our toll-free number is 1(800) 862-1260.

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The Difficulty of Proving Medical Malpractice in Texas

Medical malpractice suits are similar to other personal injury cases in that they involve a plaintiff (you) suing a defendant for some injury. In order for a malpractice case to be successful, the plaintiff must prove that the defendant had an intended legal duty of care which was violated and resulted in the plaintiff’s injury. Simply put, medical professionals have a responsibility for the safety and treatment of their patients. When they shirk this responsibility, either intentionally or through a careless mistake, they are liable for their patients’ injuries.

Many surgeons and anesthesiologists receive over 10 years of education and extremely rigorous certification in order to be qualified to safely operate on their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in general demands that its medical professionals not only be knowledgeable when it comes to their ability to properly and correctly diagnose a patient, they must also sympathetically operate and then treat them without causing these vulnerable people any further injury or discomfort.

Like other tort cases, medical malpractice suits begin with discovery, which may include depositions, the gathering of documentation, and witness interviews. If the medical defendant and the surgically treated plaintiff cannot agree on a settlement during discovery, then the case will go to trial.

Medical malpractice cases frequently include expert witnesses due to the complexity of the material involved. They provide a point of view on the situation from the perspective of an expert in the field surrounding the injury.

Tort reform has made medical malpractice cases more difficult for victims to win. These new laws enforce strict conditions that must be met before a medical professional can be held liable for a victim’s injury. If your case is not presented in such a way that these conditions are met, you have as much chance of success as a snowball in a forest fire.

Without a team of legal experts, you will certainly, and quickly, find yourself overwhelmed.

No matter what the injury or illness, it’s bad enough to have to suffer through it under good circumstances. But when you’re suffering even further because your medical professional has engaged in negligent malpractice, your physical and emotional pain is even harsher. We understand that you have a lot of questions as you try to find out if your doctor or medical professional has been negligent in your care. Some of your initial questions likely include:

Why did this happen and what negligence might have led to it?
Who is responsible for this shoddy surgical treatment?
Who’s going to pay for this horrible mistake?
How much, and how long will I have to endure this additional pain and suffering caused by someone else’s carelessness?
Can I be reimbursed for the time I’m losing at work because of this malpractice?
Does this medical professional also owe my family for their pain and hardship?
Did this surgeon or anesthesiologist kill my loved one?
Do I need an experienced medical malpractice lawyer to help me?
Is there anything I can do to make sure this tragedy won’t happen to someone else?
These questions and more are all very reasonable ones that you and anyone else who suspects medical malpractice always ask us. Many times the answers are very hard to come by unless you have the assistance of an experienced medical malpractice attorney.

This is why the veteran medical malpractice lawyers and the investigative team at our Texas Law Firm can get to the bottom of things. We work closely with third-party medical experts to scrutinize your malpractice claim and aggressively pursue the forensic trail that clearly reveals every surgical professional who harmed you. With our assistance, you will find the answers to these questions, while we work diligently in order for you to receive the fairest compensation for your damages from your unwarranted malpractice injuries, pain, and suffering.

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Clearly Identifying Those Responsible for Surgical Malpractice in Texas

Surgical malpractice defendants aren’t always the surgeon or anesthesiologist. Intensive Care medical professionals can sometimes be the culprit; either alone or in conjunction with the surgeon as he or she is in charge of your post-surgical care. Many times, the failure to correctly diagnose the medical condition that led to your surgery can be the cause of your injuries. It’s also even possible that other medical professionals, like a technician or a pharmacist may have negligently contributed to the malpractice. Or maybe improper drugs were used in the surgery, or drugs that were defective, in which case the blame for the surgical malpractice may be laid at the feet of the drug manufacturer through a defective product lawsuit. Or the same thing might apply to a piece of equipment that was used in your procedure. If it was not maintained properly you have the right to sue the hospital.

The bottom line is that any, or all, of these healthcare professionals or product manufacturers can be responsible, and could be held accountable for their negligence in civil court. It makes no difference if their involvement was overt or passive.

Rare is the instance where offending medical defendants are not covered by various insurance policies. And though this is good news because you know the money is there to compensate you, it’s certain that a medical malpractice lawsuit which is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. And it’s every malpractice insurance company’s job to aggressively challenge all such cases in Texas. We’ll tell you more about that obstacle in a minute.

Another reason malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases to argue is that the medical profession is, by its very nature, highly technical and very sophisticated. Another reason these cases can be so convoluted is that a number of liable parties responsible for the injury can cloud the issue of actual culpability for your injuries. Someone has to investigate this complicated matter and come up with the right defendants if your malpractice case has any reasonable chance for success. And because there can be so many potential defendants, a lot of finger-pointing goes on between multiple defendants. So laying the proper blame is a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a Texas medical malpractice claim without the legal help of an experienced Texas surgical malpractice lawyer.

A skilled attorney knows how to locate and retain the right surgical and post-surgical care experts to thoroughly review your treatment records, determine whether your malpractice lawsuit is justified and then back up your claims in court. These forensic experts can also help determine the degree of responsibility from all of the parties that were involved in your inferior surgical care. And our experienced medical malpractice attorneys have the means and the skill to apply that thorough investigation of your case through this considerable evidence into an effective and winning strategy that gives you the best chance to be fairly compensated for your damages which can include your medical bills, pain and suffering, lost wages and disability of the inferior surgery causes any.

With decades of experience in personal injury and wrongful death law, including medical malpractice, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Damage Caps on Medical Malpractice Cases and How We can Mitigate them for You

Probably the most prominent impediment to your ultimate surgical malpractice civil action is the limit on the amount of damages that can be awarded.

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

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

Before tort reform, anyone could sue any doctor, hospital, med-tech or any other licensed healthcare professional for as much as they wanted and there was no limit to the amount they could collect. And we admit that at times, this led to juries awarding unreasonable total damage amounts, and other instances where plaintiffs ended up getting more than they were originally entitled to collect. And other times, over the years, some saw malpractice suits like having a winning lottery ticket. So we appreciate why, at the time, a certain amount of reform was necessary due to these dubious, and not altogether appropriate, outcomes. But, an aggressive insurance industry along with the legislators they influenced, failed to adequately address the problem in Austin. So the result of lawmakers creating damage caps on any singular malpractice case ended up benefitting Texas malpractice insurers, but at the expense of both the doctors they serve and malpractice victims who have legitimate damage claims.

Today, it’s much more difficult for malpractice victims to recover true value, in both the short and long run, of their injuries, pain, suffering and lost wages from any single malpractice civil action. That’s why it’s so important for your medical malpractice lawyer with our Law Firm to fully investigate all aspects of the surgical malpractice that has befallen you. As we’ve already pointed out, other caregivers may also be responsible for your operative or post-operative injuries. And if this is determined to be the case, more than one injury claim (and lawsuit) can be sought. If, for example, a combination of surgical and post-op malpractice occurred, and it is further determined that a piece of surgical equipment was also involved, the ultimate damage amount awarded you will be well in excess of that $250,000 cap because the blame is shared by more than one party.

But the healthcare professionals are the ones who are really being victimized by their insurers. Because tort reform has lowered the amount of money the insurance companies now must payout, in spite of the fact that since tort reform was enacted in 2003, malpractice premiums paid by all healthcare professionals have increased by more than one-third across-the-board. So now, we see insurance companies paying out much less to malpractice plaintiffs than they were ten years ago. But strangely, the insurers have increased their rates (and their profits) by at least 30% since tort reform was enacted. And the industry sold this “bill of goods” veiled by the honorable moniker of “tort reform” by promising legislators and healthcare professionals that these measures would end up lowering their premiums. What’s up with that (as if you don’t already know)?

Plus, the presence of today’s benefit caps also make the insurer behave more arrogantly in negotiations since they normally don’t run the risk of paying out as much if the case goes to trial. This should give you an idea how hard it is to negotiate a fair settlement with these companies: especially if you don’t have a strong case or are underrepresented by your surgical malpractice lawyer. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. But we know how to handle bullies.

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The Popular Excuse Healthcare Professionals Use in their Defense: That’s Really Not all that Acceptable

Almost every time before you undergo a medical or surgical procedure, you are asked to sign an informed consent form. They appear to be harmless and on the surface, somewhat educational. But in a small percentage of cases, informed consent can also serve to protect medical professionals should an accident occur during a procedure or any sort of medical care because it typically describes the treatment that will be performed, the possible complications arising from the procedure, the treatment alternatives you may have discussed, and what may happen if your program of care is not performed as-outlined.

But strangely enough, often medical professionals might attempt to use an informed consent document as a blanket defense for anything they do that might later constitute malpractice. They believe this is their “get out of jail free” card for liability in the event of a surgical accident or negligence. Sometimes that might work. But just because you sign something doesn’t make it legal. A patient’s signature on an informed consent document does not universally absolve any medical or surgical professional from the negligence to which he or she may be held accountable. Nor does it limit the degree of responsibility to which they may be held if malpractice is proven.

The circumstances of a patient’s case, and who was involved ultimately identifies the actual malpractice lawsuit defendant. And an investigation of those events establishes the degree of compensation a plaintiff might rightfully seek from each liable party under Texas law. Informed consent doesn’t preclude your right to sue a negligent medical professional through a malpractice lawsuit. So even if you’ve signed an informed consent document, it is still in your best interests to seriously contact the medical malpractice lawyers with our Law Firm. We’ll review it carefully and should be able to tell you rather quickly if you have a case and how strong it might be.

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Medical Malpractice and Civil Trial Juries

No more than a third of personal injury claims actually make it to the courtroom in the form of a civil trial. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced personal injury attorneys) or result in an equitable negotiated settlement. In the world of personal injury, trials are the last, and most unattractive, resort. By then, every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way out. And no one is happy. Now we mentioned a few paragraphs ago that tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. But if the malpractice investigation reveals obvious negligence which is not difficult to prove in Texas, and if your damages appear to fall under that cap amount, the odds of a settlement are better. Malpractice insurers also know that trials cost money and time. And if the evidence is clearly against them, it’s a risky gamble for your opponents. So it eventually comes down to what costs the insurer more: losing the case in court (on top of the trial’s cost) or a ending up with a truly fair settlement amount?

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

The ambiguity of juries alone is enough to explain why a trial is a very risky proposition for both sides. And it’s not hard to see why only a very small percentage of all civil cases that are filed eventually reach their logical end with a jury verdict. Yes, the longer the legal argument goes on between plaintiff and defendant, the better a fair settlement looks to both sides.

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Be Smart, Enlist the Assistance of an Experienced Medical Malpractice Lawyer

We hope you don’t learn too late that you should have hired a capable malpractice lawyer after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance. It’s one-shot-and-done, no matter how things turn out.

As you have likely now discovered, surgical malpractice lawsuits in Texas are very complex and pose too many obstacles for any victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of evidence you must first find, then arrange and present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert medical witnesses, not to mention the skill to see a medical malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, not to mention the many law firms that do not specialize in personal injury. Since tort reform hit, we have seen the number of law firms who represent plaintiffs diminish rather prominently. Many have gone over to the “other side of the aisle” and now represent medical defendants because that’s where the money is. The only lawyers left to represent claimants like you are those who have experience in beating these surgical malpractice opponents, like our Law Firm.

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

Did You Know?
Our Texas medical malpractice attorneys have won thousands of cases. Call us today to discuss your case. 1(800) 862-1260

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer. If you contact us for a free consultation, we should be able to tell you rather quickly all your legal options and how we can help you recover the rightful damage compensation for all harm done you due to by every negligent defendant who performed this malpractice.

Once your medical malpractice legal counsel with our Law Firm is on the case, we will:

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

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

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Our lead attorney Discusses Dentist & Orthodontist Malpractice

When people think of medical malpractice, they typically think of lawsuits filed against doctors. However, virtually any medical professional can be sued for medical malpractice, including dentists.

According to the National Practitioner Data Bank’s Annual Report, there are over 27,000 dental malpractice cases reported in the U.S. each year. Dentists work with very small and potentially destructive instruments. And the fact that patients experience little or no pain during any dental procedure can often give these patients a false sense of security until something happens a day or two later after the work is done. There is no excuse for negligence. And just like doctors and other health care providers, dentists must take precautions to ensure that medical malpractice does not take place. Did they fail to detect a critical oral disease prior to the procedure they performed? Did they improperly use dental utensils or other equipment? Did they give the patient defective dental products or misuse anesthesia?

Some other common examples of dental malpractice include:

Infections to the patient’s gums, teeth or jaw infections due to improper use of dental equipment.
Losing sensation in the jaw, teeth, or gums.
Causing injury by improperly administering anesthesia.
Nerve damage that can cause a loss of taste in the patient.
Unnecessary tooth extraction or extracting the wrong tooth.
Delaying the treatment of an oral disorder.
Even wrongful deaths have occurred because of negligent dental work.
Victims of such negligence-based injury can bring a dental malpractice lawsuit against anyone providing dental care, including dentists, dental assistants, pharmacists, and technicians. Any form of improper treatment can potentially be grounds for a dental malpractice lawsuit. They can include – including the offenses mentioned above, failure to provide a necessary follow-up appointment or procedure, or errors filing a patient’s prescription (either committed by the dentist or a pharmacist) in addition to other offenses. Dental malpractice lawsuits contain a number of hurdles that must be overcome, but our experienced dental malpractice attorneys are here to help you understand what you are up against and how a dental malpractice attorney with our Law Firms can help.

Due to the complex nature of medical issues, sophisticated investigations and expert testimony are typically necessary to prove that the defendant was negligent. Do you know how to conduct such an investigation or fine and retain an expert witness? Without both, you will have a hard time convincing a jury that your claim is legitimate. Thankfully, our legal professionals know how to investigate a complicated malpractice case as well as secure the proper expert testimony you need to have a strong case.

This timely article will share insight into the sometimes complicated world of Texas medical and dental malpractice claims, the steps that you and your attorney must be taken in order to win such a claim and the challenges you can anticipate when holding all those legally liable dental professionals accountable for their recklessness, You’ll also get a good idea of what these dentists, their insurance underwriters of their malpractice coverage and attorneys often do to oppose you, especially if you don’t have capable legal counsel to advocate your rightful claims against them. We’ll also explain “damage caps,” and the alternatives you have to these compensation restrictions.

If you or someone you love has suffered from a personal injury, the injury attorneys at our Texas Law Firm stand ready to assist you and make sure you get the justice and reimbursement you deserve. We have been fighting for our injured clients for decades and won thousands of personal injury damage claims and cases worth millions and millions to dollars, We’ll do whatever it takes to help you, too.

Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your personal injury case. Regardless of how it happened or who is liable, we can answer all of your questions. Call a Texas personal injury specialist with our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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Victims Must Understand the Nuances of Medical and Dental Malpractice

Most of the time after a complicated dental procedure, all seems to have gone well. But as you recover, sometimes it can become apparent that something is wrong. It’s bad enough to have to deal with the pain and inconvenience of a medical procedure. But when that suffering is magnified because your dentist has engaged in malpractice (even if he or she wasn’t aware it at the time) your physical and emotional pain seems more acute. If this is the case you certainly have a lot of questions (and very few answers) when trying to find out if your dentist or one of his assistants has been negligent during your procedure: or might have been willfully inattentive to your condition. Some of your initial questions likely include:

Why did this happen?
Who is responsible for this substandard treatment?
Who’s going to pay for this violation on my body, or that of my loved one?
How much, and how long must I endure this painful ordeal?
Can I be reimbursed for the time I’m losing at work because of dental malpractice?
Do I need an experienced dental malpractice lawyer to help me?
Is there anything I can do to make sure this won’t happen to some other unwitting soul?
These questions and more are all very legitimate concerns that you and anyone else who is the victim of dental malpractice anywhere else in Texas typically ask. Many times the answers can be quite elusive without the assistance of an experienced dental malpractice attorney. Without such assistance and legal representation, you have no chance to get to the bottom of your dental malpractice, much less win fair compensation for this offense.

This is why the dental injury lawyers and the veteran malpractice investigative team at our Texas Law Firm can get to the bottom of your injury and suffering. We consistently work with an exemplary roster of third-party medical and dental experts as we investigate your malpractice claim. And because of this investigative diligence, the answers to your questions are revealed. Then, we work tirelessly on your behalf to achieve the fairest compensation for your dental injury, and all damages arising from it.

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Following the Trail of Responsibility for Your Dental Malpractice Injury in Texas

Most people initially suspect the dentist who performed their surgery, or the medical staff members who assisted in the diagnosis, or an anesthesiologist if one was involved in the procedure. Often, more than one dental professional can inadvertently conspire with your inattentive dentist and cause the procedural accident which led to your malpractice-related injury.

Malpractice can occur in a number of different ways. Many times, the failure to correctly diagnose or treat a patient within a reasonable amount of time can be grounds for a malpractice lawsuit. Any, or all, of the following professionals can be responsible for dental malpractice and become legal defendants for their negligence in civil court. It makes no difference if their involvement was overt or passive. Some of these responsible people might include:

The primary-care doctor or dentist.
A specialized oral surgeon.
Any dental assistant, hygienists and other dental care specialists.
Your anesthesiologist.
A pharmacist.
Regardless whether these offenders worked alone, or in concert – even if they weren’t aware of the misdeeds of others in your dental malpractice chain of events, if their contribution helped produce additional injury or illness in the patient, or created further pain and suffering, those who suffer from malpractice have the clear right to seek damages from each liable party relative to their portion of the responsibility that contributes to the medical injury.

Malpractice cases can involve a rogue’s gallery of defendants and their insurers. And it’s every malpractice insurance company’s job to aggressively challenge virtually all such cases in Texas. We’ll address some of the ways they do that in greater detail in a moment.

With decades of experience in personal injury law, much of it involving medical and dental malpractice, our Law Firm can help you identify all responsible defendants in your malpractice suit so that you can successfully ask for fair compensation from them for their negligent behavior that made your injury even more painful. Our Law Firm can also work to make certain their careless actions will not be repeated, and harm some other unsuspecting, trusting patient.

If you are going to file a successful dental malpractice claim, you must prove four different things, which we will outline in greater detail in a moment:

The defendant (or the dental care provider you accuse of negligence) had a legal duty of care to act in your best interest.
The defendant did not meet that reasonable standard of care as set by other professionals in his or her field.
This negligence caused you some type of injury.
Damages were incurred, whether financial (in the form of medical bills, lost wages, lost earning capacity, etc.), physical (pain and suffering), or emotional (mental/emotional turmoil).
Negligent medical professionals believe that they owe you nothing unless you legally compel them to pay you proper compensation by way of a personal injury claim or civil lawsuit, which can also include wrongful death if-appropriate. And in order to force those liable for your injuries to pay you this fair compensation, your dental malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played within the following guidelines:

A victim of dental malpractice bears the burden of proof in a civil lawsuit to recover damages in Texas. You the victim, along with your legal counsel, must clearly prove with rock-solid evidence that a dental defendant caused your injury. And it is the plaintiff/victim’s responsibility to aggressively pursue that insurance claim or seek legal action through a personal injury lawsuit against all liable parties if you are unable to recover a fair insurance settlement. You can’t simply wait around to be reimbursed for your injury from those who were negligent in your care out of the goodness of their heart. If you don’t have a solid case, defendants will relentlessly chip away at it. So there is a specific sequence of things you must prove in order to realize the success you wish for in a malpractice lawsuit or insurance claim.

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The Heart of the Matter is this: all Medical and Dental Professionals Owe You a High “Legal Duty”

In medical malpractice terms, a legal duty is described as a “standard of care.” Every medical professional owes all of their patients a certain responsibility of care that is proportionate to that of their peers. Essentially, your dentist must treat their patients as other dentists would treat theirs. The same goes for dental nurses and assistants, dental technicians, lab techs and administrative personnel.

All healthcare professionals fall into a category that calls for a very high standard of care (or “duty”) since they generally receive years of unique and highly-specialized training. They must undergo years of extensive education and rigorous certification in order to safely treat their patients. This education is also supposed to make them acutely sensitive to the physical and emotional needs of their patients. This is why society in-general expects medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly diagnose patients; they must also sympathetically treat them without causing these vulnerable people further injury or discomfort.

Essentially, licensed doctors and dentists are held to the highest standard of performance than other caregivers, although that group occupies a level only slightly below doctors and dentists. And all healthcare providers are held to higher standards than people in other professions due to their specialized occupation. This leads to very lofty expectations of performance in the eyes of the general public as well as the law.

Whether They Are Aware or Not, Medical and Dental Professionals Can Violate Their Legal Duty

Once a standard of care has been proven in a malpractice case, the next duty of the plaintiff is to clearly illustrate that the responsible dental professional(s) who violated that standard of care is specifically liable for your injuries. A simple example might find that an oral surgeon breaches the standard of care if he or she extracts several wrong teeth, or even from the wrong patient (yes, it does still happen). A dentist can also breach the standard of care by prescribing a drug that is known to cause negative reactions when taken in conjunction with another drug that is already being administered to a patient; or if the dentist (and his pharmacist) is are aware that the patient might be more prone to adverse reactions, and pain or further injury, from taking this drug. In any instance surrounding administering prescription drugs, the medical professional must know to avoid these missteps. And sometimes, the drug companies themselves can share a portion of this liability, though that pursuit of such damages is commonly accomplished through a defective product suit.

But very few people such as you have even the smallest amount of necessary legal acumen to understand, or even know, why a dentist, or some other medical professional chose to do what they did. This is why expert medical witnesses must be sought-out and retained by your attorney.
Expert witnesses, usually dentists and other oral healthcare professionals must have extensive experience in the same fields of medicine as the defendants in order to be beneficial to your Texas dental malpractice claim.

Specialized witnesses are able to properly and accurately determine whether or not a standard of care was violated, by whom, to what degree and in what context if more than one dental professional might be a defendant; especially if some sort of cover-up might apply to your malpractice lawsuit. We can help you locate these expert medical witnesses, either in Texas or across the U.S. to help us prove-up your allegations of breach of the high medical standard of care: elemental to the success of your malpractice case. Since Texas has one of the highest concentrations of renowned medical professionals in the world, chances are we won’t have to look very far.

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A High Plaintiff “Burden of Proof” for a Dental Professional’s Violation of Their High Legal Duty

As a plaintiff, you and your dental malpractice attorney must effectively prove that the medical professional’s negligence was the cause of your additional injury or illness in a malpractice case. And even if some of those injuries are all-too-apparent, defense attorneys and insurance companies will demand specific and irrefutable proof that your injuries were actually sustained through the specific negligence of a dental professional.

You must prove this point beyond a shadow of a doubt. This is where the involvement of our third-party medical experts becomes absolutely crucial in effectively proving a malpractice injury claim. Fortified by your experts’ specialized knowledge, you and your experienced lawyer are able to clearly prove to a jury how an injury may have been sustained due to dental negligence, and can also work to convince those jury members that this series of events that led to your further injury or illness did indeed happen and that you should be fairly compensated for their malfeasance.

But the burden to prove also means the burden to disprove. Often, your opponents will find any and every excuse that justifies their dental defendant did not cause you harm. Maybe they’ll accuse you of not following their aftercare instructions, or acted irresponsibly in some way after you left the office and the fault is yours. So not only must you prove dental negligence, but you also have to effectively refute all the weak excuses your opponents come-up with in order to win. Because if they can make only one of these frivolous charges stick, they might avoid liability.

But if your case is really strong and you are able to turn away those counter-accusations of responsibility for your dental malpractice pain and suffering, the chances of negotiating a reasonable settlement with the guilty defendants grow: which means that maybe an expensive civil trial can be avoided.

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Insurance Opposition to Proving your Texas Dental Malpractice Case Successfully

As with any personal injury lawsuit, certain obstacles that are unique to medical and dental malpractice usually happen when a plaintiff decides to seek compensation for an injury through an insurance claim or dental malpractice lawsuit in Texas. And there’s one legal restriction you could greatly impact your ability to win rightful compensation.

There is a limit to the amount of damages that can be awarded in any single Texas malpractice lawsuits. Malpractice “damage caps” mean that if your injuries are disastrous or if they produce permanent injury (and expensive supplemental care) you might not receive truly reflective compensation for your malpractice-related pain and suffering, medical bills, lost wages and other appropriate damages. And you have the insurance special interests, medical professionals, along with THEIR lobbyists and recent tort reform legislation in Austin to thank for that.

Because of intense pressure by all of those influential groups, the legislature passed several laws years ago. These tort-reform-induced laws have clearly tilted the malpractice playing field in their favor. Simply-put, when it comes to medical malpractice civil cases, with very few exceptions, there are now damage award caps. “Non-economic damages” (those won for pain, suffering, lost future income) are capped at $250,000. And economic damages (the actual cost of your medical bills as a result of the malpractice) must be actual and to-the penny.

Before tort reform, anyone could sue any medical professional for as much as they wanted and often collected unreasonable damage amounts. Even incensed juries would get in the act and sock-it-to the guilty medical defendant with sometimes excessive punitive damages. Now we understand that over the years, many unscrupulous attorneys and their clients saw malpractice suits like winning the Lottery or the death of a distant rich relative. And we agree that at the time, a certain amount of tort reform seemed necessary in a lot of instances. But, typical legislative behavior failed to adequately address the problem when the insurance and doctor/dental lobbies began pressuring our lawmakers in Austin. So the end-result now gives us a series of malpractice laws that benefit Texas malpractice insurers: but at the expense of both the healthcare professionals they serve and those who have legitimate malpractice claims. Today, it’s much more difficult for malpractice victims simply to recover true value, in both the short and long run, of their injuries, pain, suffering and lost wages from any single malpractice civil action.

That’s why it’s so important for your dental malpractice lawyer to be adept at investigating all facets of alleged malpractice. For if other dental caregivers are responsible for those injuries, more than one insurance claim (and lawsuit) can be sought. But even with this tort reform, the healthcare professionals are also getting screwed by their insurers. Because tort reform has lowered the amount of money their insurance companies are paying out. But since 2003 – on-average – malpractice premiums have increased by more than one-third. How can the insurance companies justify so large an increase in their rates if they’re paying out much less than they were years ago? We’ll let you figure that out but the answer is obvious to anyone who is over eight years old.

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Insurance Company Tactics are Meant to Frustrate Your Claim and make You go Away

The arrogant behavior on the part of malpractice insurers is a huge clue of why it’s so hard to negotiate a settlement in good faith with these companies. For often, these damage caps inspire the malpractice defendants, their representing attorneys, and insurance companies to act more belligerently toward your case. They behave this way because they know it’s easier to strong-arm you into accepting a less-than-fair settlement.

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

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

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

Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced “high-dollar” attorneys are either on staff or permanent retainers. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. And when you file a malpractice claim you’re playing their game by their rules. They have the home-field advantage. This is why you mustn’t hesitate in finding a local dental malpractice law firm to help you. You only get one bite at the compensation apple. Once you’re paid (whatever) you can’t go back for more. So you must make win proper damages with that one single shot because once you’ve taken it, you’ll never get a second one.

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Dental Malpractice and the Civil Trial Juries who Hear the Case

It’s a fact of legal life that in the final analyses, very few cases end up in court. Trials are the very last resort when all else fails. They happen when every avenue of reaching a fair settlement has been exhausted; especially in cases of malpractice because the damage caps usually cause the defendant to resist or the damages sought by the injured plaintiff may be justifiably high. A trial then becomes inevitable.

And even though tort reform damage caps might make insurance companies in malpractice cases less-apt to settle, that’s not always how things turn out: especially if the malpractice is obvious and very easy to prove. Still, malpractice insurers do see reason as often as not because their attorneys know that trials cost money, time and the outcome can just as easily go against them. This is why often, both sides will eventually see reason and settle because when it comes to civil juries, you just don’t know what they will do

Local citizens are randomly chosen every week and must report for jury duty. When they show up, it’s usually reluctantly. You too have probably been called for jury duty and probably hoped to get out of it. Just like you, those impaneled citizens would rather be treated for an impacted wisdom tooth than sit inside a courtroom; forced to listen to a bunch of lawyers argue your case. This is certainly one reason we often see the “get on with it” look on their faces when we’re in court. And sometimes personal injury trials involve a parade of third-party experts rattle on as they explain complicated things that are hard for some jurors to understand The ambiguities of juries alone are enough to illustrate why a trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually end up in court. Being forced to argue a case in front of a jury is the law’s answer to Russian roulette. Settlements can be reached at the 11th hour of a jury trial and also explains why no more than 10 percent of all civil trials are decided by a jury verdict.

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The Experience and Tenacity of your Dental Malpractice Attorney Often Produce Successful Damage Awards

The blunt truth is that non-attorneys simply cannot win dental malpractice lawsuits or produce satisfactory insurance damage claims for the injured plaintiff. And those who do not specialize in malpractice cases have a small chance of success as well.

Another thing: since tort reform was enacted, there is a smaller pool of law firms who are willing to take on plaintiff malpractice cases. But our Law Firm believes that injured victims deserve the right, and need the right assistance, to seek and win fair damage compensation for any negligent medical or dental malpractice. So we offer a piece of free advice.

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

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

Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your dental malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties, compose, receive and manage all correspondence. We take care of ALL the paperwork and every contact.
Clearly prove all liability and damages to help you win the best and fairest compensation amount for your dentist’s negligence.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary and compute a fair and representative damage request.
The attorneys at our Texas Law Firm have decades of experience with medical and dental malpractice cases. We have an intimate knowledge of the changes enacted by the tort reform. All of our attorneys know how to secure expert witnesses and present your case in such a way that all the relevant conditions for success are met. In other words, we can ensure that the true extent of your injuries is known, and we can convince a jury that you truly were the victim of negligence.

We have a successful track record in successfully negotiating and litigating hundreds of malpractice cases. All dental and healthcare malpractice insurance companies know how successful we have been. Often, once they know we’re on the case, they offer our clients a favorable settlement without even taking a case to court, which means we can help you get back on your feet even quicker.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your dental malpractice claim, and how much compensation you stand to collect from the case, call our Law Firms now at 1(800) 862-1260 (toll-free) for a free consultation and quickly learn how we can help you.

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What Personal Injury Lawsuits are, and What a Personal Injury Lawyer Can do for You

The word “personal injury” is a classification of law that surrounds civil reimbursement for any sort of physical injury and any additional damages suffered by an injury victim. These damages usually include physical, emotional and financial harm, and other elements surrounding personal loss that are the responsibility for the person or entity whose actions caused the accident to pay.

This “liability” may apply to either that lawsuit defendant’s willful action or inaction (negligence). When someone suffers an injury, Texas Law allows that person, or plaintiff, who suffered the injury, the legal right to seek monetary relief from the liable who is responsible for the injury. That defendant can be either a person or organization and there can be more than one defendant, even though each defendant is usually sued separately.

However, the personal injury laws in Texas, which are based on the Texas Civil Practices and Remedies Code, do not automatically declare that the defendant owes the plaintiff anything. In other words, just because someone harms you doesn’t mean they pay-up without a fight. This is the single most important, yet one of the most generally misunderstood aspects of Texas personal injury law. Just because they owe, doesn’t mean you automatically get. Instead, according to these laws, the victim only has the right to seek fair and satisfactory compensation from the perpetrator (or defendant), for the injury the plaintiff has suffered. And that is typically done (or at least the process begins) through the filing of a civil damages lawsuit.

Personal injury laws in our state do not command that defendants must give up their money as a matter-of-course. Rather, our laws leave it up to the injured plaintiff to convince the jury that the other person (or organization) is guilty. It is also necessary for the plaintiff to disprove the defense tactics of defendants as they try to avoid paying the damages the plaintiff seeks. This is called the plaintiff’s burden of proof, though, in reality, it should also be expanded to add “burden of dis-proof.” In the final analysis, plaintiff success lies in proving the defendant was, in fact, the proximate cause of their injuries in each and every personal injury lawsuit. Until this burden is satisfied, you won’t be paid anything.

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Who has Legal Standing to File a Personal Injury Claim or Lawsuit

The only people who can successfully sue another person or business entity for their injuries are those who were owed a legal duty that was then violated by the defendant. Technically, we all owe each other a legal duty to exercise a practical amount of care and good judgment in order to not harm others. Take, for example, an instance of our friend Susan when driving her car. She is expected to operate her vehicle in a manner that best protects her and everyone else by not causing an accident. But if she drives recklessly, even if it’s just a few seconds, or chooses to drive home from a bar after having too much to drink, causes a wreck and harms another person, she has violated her clear legal responsibility (or duty) to not make others miserable by harming them.

If she has harmed you, just like burden of proof, it is up to you, the victim, to gather enough relevant evidence to show that Judy owed that legal duty to you, and then violated it in order for your personal injury case to have the best possible outcome: you being awarded legal damages. Depending on the circumstances of the accident, the person or entity who caused it owes you a different legal duty than another person or entity might. An example of this difference is best illustrated by imagining the standard of care owed to you by your neighbor, and that of a doctor. Although your neighbor is your friend and you may very well trust him with the keys to your house or to care for your children, a doctor holds your very life in his or her hands. So, according to Texas law, the standard of care – which is their legal duty – is much higher for that physician than it would for your good friend and neighbor.

The degree of legal duty can also be different depending on the circumstances. Let’s say that the same doctor walks up to you in the grocery store and unexplainably slices your arm with a pocket knife. In this instance, he has likely violated a lower legal duty – the normal duty we as people owe another – than he would have if you were on the operating table, and he inadvertently performed malpractice by botching a surgical procedure. Legal duty is about circumstances and the context of the role the defendant plays at the time of your injury.

Most personal injuries arise from a clear violation of someone’s legal duty, although some are more obscure. Imagine, for example, if one company’s employee drops a hammer on the head of another. The legal duty of the employer to the injured employee has been violated because the work site was not safe since that employer allowed that employee on the job site to cause the injury that he caused. But on the other hand, if the same exact situation occurred to a contract laborer or subcontractor of that employer, the company that hired them might not owe anything to the victim because there is no legal duty owed to individuals hired as contractors. Often this issue can be called “splitting legal hairs,” due to the role of the defendant relative to the circumstances of the accident and the context of that defendant’s legal duty.

As a rule, the most proper and efficient way to decide if your case is a valid cause of action against the perpetrator or not is to speak with a Texas personal injury attorney with our Law Firm. We clearly understand the various legal duties that people and other legal entities owe one another. We can clearly explain them to you and help you determine if a specific injury event warrants your filing a personal injury lawsuit, and against whom.

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There are Three Required Ingredients That Make up a Successful Personal Injury Case

When it comes to successfully litigating personal injury cases the elements that must exist in order to win damage compensation are very clear. The first aspect is liability, either through negligence or another violation of legal duty. Second are damages to the victim or the victim’s estate if there is a wrongful death. And finally, you must have a solvent defendant who can be made to pay the damages owed you.

A more detailed explanation of these elements would include:

Liability: Once a defendant has violated their legal responsibility to another person and caused that person some sort of tangible harm, it is grounds for some liability, either a percentage of responsibility along with other defendants or complete liability if that person or entity is the only responsible defendant. In the eyes of the law, they are responsible for any damages incurred by the plaintiff in proportion to their involvement in the harm suffered by that injured plaintiff (or surviving family members in case of wrongful death). The main situation in which a defendant breaches their legal duty towards a plaintiff is through negligence, which is primarily considered irresponsible or brash actions, that have caused an “accident.” And negligence can assume many shapes and forms.

It’s easiest to think of negligence as the means to the end, or the method through which the violation of the legal duty occurred. And there are degrees of that negligence. The most common form of negligence is simply not paying attention. When “gross negligence” breaches the defendant’s legal duty, then it is not a careless accident but is legally referred to as “willful intent.” A defendant who caused the injury through gross negligence has behaved in a way he or she knew could likely result in some kind of harm, such as drinking and driving. But he or she just didn’t care. On a different note, “intentional or deliberate torts” (a tort is a legal term for the violation of a legal duty) are constituted by intentionally inflicting trauma on another human being, including assault or other criminal acts against other people. This brief explanation should illustrate to you how negligence is often the most common form of violations against others’ legal rights to not be harmed. However, it doesn’t alter the fact that the victim/plaintiff must prove negligence, or some other form of defendant disregard of their legal duty, was the cause of the plaintiff’s injuries for which the defendant is liable.

Damages: This is a legal term that summarizes any and all monetary losses that the plaintiff has a right to claim in his or her personal injury lawsuit because of the defendant’s negligence. Damages do not exclusively refer to the specific injuries to the victim. It encompasses all of the harm done to the plaintiff from a financial perspective: the entire value of their case, as opposed to just the value of the plaintiff’s physical injuries. In an instance where the victim fractured his collar bone, the collar bone is the injury. The legal damages would be any monetary costs and, or, losses that result from the injury. Damages will either fall into the category of either General or Special.

General damages are of those which are viewed as non-economic. This means they are much more subjective and should be handled and presented very carefully to a jury in order for you to have the best chances of winning your civil trial. They must be realistic and not excessive as the amount of damages can be argued in court and adjusted if they are deemed to be greater than normal. Some common examples of General Damages include:

Pain and suffering.
Disfigurement.
Loss of consortium (or partnership, this can be classified as either a professional or marital partnership).
Emotional distress.
Physical disability (either short-term, long-term or permanent).
Because of the subjectivity of these damages, a clear and effective justification of your general damage suffering, to the degree that you sustained them, is a vital aspect of filing (and winning) a personal injury claim. General damages and the amount awarded for them differ with every case, even if the injuries may appear to be alike.

To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, in his unconscious state he was not alert to experience the pain as it happened. But the other plaintiff was just as badly burned and was fully alert enough to experience the full and terrible agony at the time of being burned. So even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is quite likely that the monetary damages each victim is entitled-to would be different.

Hopefully, you better understand why every accident will be different from the next and you should get a Texas personal injury attorney to help you correctly establish the reasonable and proper amount of damages to demand, based on the details of your suffering and in addition to the injuries themselves.

Special damages involve the actual economic cost of your accident, which makes them much more objective because the amounts are generally easy to assess, although this is not always the case. In an event where the resulting injuries are absolutely disastrous to the victim’s state of well-being, the plaintiff’s attorney might not be capable of determining how much longer their client will live, which makes lost wages damages extremely difficult to calculate based on their previous salary earnings and what they might have expected to earn through future promotions, or leaving that job to take a better one. So great care must be given to the more technical nature of the victim’s earning potential, like changes in a job description, pursuing higher education levels or more specialized certification. All of these variables and others could inevitably lead to a higher pay scale throughout the years.

Some examples of general damages are listed below.

Wages or earning capacity lost.
Court costs.
Medical costs, incurred in the past and future.
Damages to the family’s property.
Since winning compensation from the defendant is proportionate to special damages, it is very crucial to the plaintiff’s recovery for these damages are handled with care because they will most often take the form of monetary expenses previously paid or owed by the plaintiff, or maybe even the defendant if the injury is work-related or the plaintiff has some form of liability insurance to defray these costs; in which case, once the plaintiff wins damages, some of those monies might be owed the insurance carrier who paid those initial medical bills.

All of the damages that the plaintiff claims to have suffered from must be accounted for. The Texas personal injury lawyers at our Texas Law Firm spend a large amount of time on each case creating what is called a demand packet. This is an itemized accounting of all the client’s damages, which is generally submitted to the defendant’s insurance company, along with a request for a specified amount of compensation.

Solvent Defendant: Now that we’ve gone over the first two items that are necessary to execute a successful injury lawsuit, we arrive at what is probably the most important element of success in a personal injury lawsuit. You must have a defendant that is financially solvent. This means they have the means to reimburse you. Consider the drivers who accidentally crash their cars while swerving to avoid hitting a homeless person who was jaywalking. There is certainly provable liability and damages to the vehicle. But there is no way to pursue compensation since the homeless person who was the ultimate cause of the accident has no financial worth to provide the injured accident victim. It is unfortunate that some cases involving defendants without monetary resources, will leave victims hurt and with no way to seek compensation for the damages suffered.

Identifying solvent defendants is a critical area where an experienced injury attorney can greatly assist you in getting the financial justice you deserve. While many individuals will attempt to shed any responsibility through lack of monetary means, in most cases, they are simply obscuring their worth by trying to hide the money in separate, maybe even offshore, bank accounts, or giving all of their money to their spouse in order to appear worthless: hoping to avoid being sued or falsifying their lack of insurance. We see many insurance falsifiers because some defendants are so afraid their insurance carrier will drop them if they have to pay one more claim.

Regardless of what these defendants might attempt to do to prevent you from finding out the truth, our experienced legal team won’t be denied from recovering all possible monies that they may be hiding from you. A financial asset check is the most common way to discover the actual amounts of money they have that defendants try to hide. With few exceptions, once we have lined-up all liable parties to your personal injury, the next step is a very stringent asset check. Luckily for our clients, many of these asset investigations turn up money that the defendant hoped we would never find.

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Even More Critical Benefits of Having Our Lawyers On Your Side

It is a common misconception within the general public to assume that Texas law will promise them equal financial recovery for their injuries when this is actually false. They have the right to such financial compensation. But they must secure it for themselves. It’s not automatically given to them just because they show up in court.

Texas Civil Practices and Remedies Codes state only that victims in the case of an accident may seek out compensation, following specific legal guidelines. But the burden of proof is on them, the plaintiff-victims. To be compensated, they must convince the jury that the defendant’s decisions can be considered the proximate cause, or reason for the injuries that they sustained. Personal injury cases can get extremely contentious. It takes a special kind of attorney to be successful in this type of law. Now a host of less than knowledgeable people is more than willing to give you “free legal advice” (which is often worth what you pay for it). And you might be able to get a rudimentary understanding of personal injury law as it applies to your particular situation. But executing the proper civil action that produces the compensation you and your family need is not nearly as easy as it might appear.

You also might have a relative or friend who is a lawyer who wants to protect your best interests and represent you in a personal injury claim or lawsuit. And though we would never tell you what to do, we will say that when it comes to legal representation of any type, you might want to reconsider retaining anyone who might have a difficult time emotionally disassociating him or herself from your case. Personal injury law is quite intense and these kinds of attorneys must be pragmatic, focus solely on the facts of a case and be cool under fire in order to succeed in winning your case. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement and leaves even more on the table due to inexperience, or thinking more with their heart than their head? How will you feel about your friend or relative then? Very rare is the case where family members or friends belong in your legal business.

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Knowing the Law is Only Half the Battle: Knowing Your Opponents is Critical

Contrary to what you might think, knowing the law itself is only about 30 percent of the equation that produces a successful personal injury case. Much like being a successful race car driver or professional athlete, most legal triumphs are directly tied to the experience of your personal injury attorney. This involves knowing how to precisely execute the procedures, proving the damages properly and establishing a strong tie between the defendant’s actions and the plaintiff/victim’s injuries. Most importantly, however, is being able to convince a jury of the justness of your civil claim, which is how to win a personal injury trial. When it comes to any profession, from professional athlete to CPA to personal injury lawyer, experience wins.

Anyone can read a law book. And a lot of people are tenacious negotiators in life and know how to “do deals.” But when it comes to personal injury, someone on your side must know how to apply the law by using the proper procedural methods.

Sadly, the majority of people don’t call an attorney until their chances of winning are extremely low. We can tell you through personal experience that those who call us quickly have a much easier time winning their damage claims and cases than those wait until the last minute to call us; usually once too much time has passed. By first attempting to represent themselves and handle the issue alone the victims are often mislead by the insurance companies they have been corresponding with. Insurance companies know how to “shine-off” injury claimants and entice them with low-ball compensation amounts. We’ve spoken to many people who have settled, and then come to us when they realize they’ve been fooled into thinking they won, when in point of fact, not only did they lose, they got creamed.

Many times an insurance company pressures accident victims to settle their lawsuits for less than they are worth: sometimes much less. Now sometimes we believe accepting a fair settlement offer can be beneficial for an accident victim. But accepting an unfair settlement offer can be devastating for your legal rights because once accepted, you permanently give up your right to sue the defendant for more. The settlement is all that you will ever collect from the defendant. So it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of a Texas Texas personal injury attorney.

Insurance companies’ strategy is to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your expenses? You know it’s not the end of your financial obligations, or even your recovery. Settlements you accept from an insurance company before you have an experienced Texas lawyer on your side never benefit you in the long run. But they’re always binding. Don’t let the defendant and their insurance company get away with paying you less than you deserve for your accident claim. Contact our Law Firm to learn what your case is really worth so that you know whether or not the defendant’s insurance company’s offer is truly fair, or merely the minimum amount they think your claim is worth to settle.

Also, a non-attorney, or one who is inexperienced, or not respected by the defendants and their insurers, will never create fear in the minds of your opponents. Insurance companies know at least a thousand ways to defeat you and your inexperienced legal counsel. Do you know how you must respond to a motion for summary judgment or how you’re supposed to answer interrogatories? Can you effectively depose witnesses in order to get to the bottom of the facts in your case?

Can you investigate an accident scene? Can you follow the paper trail of defendants who try to hide their money? What recent rulings in Texas personal injury law might apply to your situation? What should you do if a counter-suit is filed against you and you must act quickly or your civil damage suit will get dismissed with prejudice (that means you can’t file again)? These examples are only a sampling of the hurdles common to the everyday activities encountered by the Texas personal injury lawyers with our Law Firm.

Our injury Lawyers at our Texas Law Firm Can Help

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from any defendant, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. If you don’t do this immediately, you’re seriously compromising your legal rights to win fair compensation for your injuries, or for your beloved family member in the event of wrongful death at the hands of someone else’s clear negligence.

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