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Personal Injury Lawyer
Understanding What Personal Injury Means and What a Personal Injury Lawyer Can do for You

The term “personal injury” is a legal one. It pertains to the classification of law that involves any sort of physical injury civil action that is initiated by an injury victim in an attempt to recover legal damages from a defendant who caused the sufferer harm. These damages include medical bills, physical and emotional distress, lost wages, disability, and other elements surrounding personal loss that are the responsibility for the defendant person or entity that caused the accident to pay.

This “liability” may apply to either that person’s willful action (malice) or inaction (negligence). When someone suffers an injury, Texas Law states that the person, or plaintiff, who suffered the injury, has the legal right to seek monetary relief from the defendant, or person that is responsible for the injury.

However, the personal injury laws in Texas are based on each state’s Civil Practices and Remedies Codes. And neither of them automatically declares that the defendant owes the plaintiff anything. In other words, just because someone harms you doesn’t mean they will pay you without a fight. This is one of the most important, yet generally misunderstood aspects of personal injury law. Just because they owe you money for damages, doesn’t mean they will happily pay you. Instead, according to these laws, the victim only has the right to seek fair and satisfactory compensation from the perpetrator (or defendant), to receive the fair recompense for the injury they suffered. And that is typically done through a civil lawsuit.

Texas personal injury laws do not mandate that defendants must give up their money. Rather, the laws leave it up to the plaintiff to convince the jury that the defendants are 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 part of the plaintiff’s burden of proof, though, in reality, some legal minds consider that to be the plaintiff’s “burden of dis-proof.” In the final analysis, the plaintiff’s success lies in proving the defendant was, in fact, the proximate cause of their injuries. Until this burden is satisfied, you won’t be paid anything.

Those who Can File for 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 so we don’t harm others. Take, for example, an instance of Judy driving her car. She is expected to operate her vehicle in a way that best protects her and everyone else on the street by not causing an accident. But if she drives recklessly, even if for just a few seconds, or chooses to drive home from a bar after having too much to drink and hurts another person with her car, she has violated her clear legal responsibility to not make others miserable by harming them.

If she has harmed them, it is up to the victim (and the victim’s legal counsel) to gather enough relevant evidence to support the burden of proof that Judy owed that legal duty to the plaintiff, and then violated it in order for any personal injury case to have the best possible outcome. Depending on the circumstances of any accident, from auto to medical malpractice ta job-related injury, the person or entity who caused it owes a different legal duty than another person or entity would. An example of this difference is best illustrated by imagining the standard of care owed by your neighbor, as opposed to that of a doctor. Although your neighbor is your friend and weekend barbeque and fishing buddy, a doctor holds your life in his or her hands. So, according to Texas law, the standard of care is much higher for that physician than it would for your long-time friend and neighbor.

The circumstances surrounding a negligence-induced accident can also be different. Let’s say that same doctor walks up to you in the shopping mall and for some unknown reason, slices your arm with a pocket knife. In this instance, he has obviously violated a lower legal duty than he would have if you were on the operating table, and he inadvertently performs malpractice by botching the surgical procedure. The legal duty is about the circumstance and the context in which the accident occurred.

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 would not owe anything to the victim because there is no legal duty owed to individuals hired as contractors. Now some of the civil practices governing work-related injuries are slightly different depending on where they occurred. But the general rules for assessing liability are essentially the same.

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 personal injury attorney at our Law Office, which is licensed to practice personal injury law. We clearly understand the various legal duties that people and other negligent entities owe one another. We can clearly explain them to you and help you determine if a specific injury event warrants a personal injury lawsuit.

There Are Three Vital Ingredients That Makeup a Successful Personal Injury Case
When it comes to successfully litigating personal injury cases in Texas, the elements that must exist in order twin damage compensation are pretty cut-and-dried. The first aspect is liability, either through negligence or another violation of legal duty. Second are damages to the victim’s estate. And finally, you must have a solvent defendant who can be made to pay the damages owed to you.

The following are more detailed explanations of these elements. They include:

1) Liability: Once a defendant has violated their legal responsibility to another person, it is grounds for some liability. That liability can be a percentage, in addition to other defendants, or complete liability if that person or entity is the sole proximate cause, which means this defendant is completely responsible. In legal terms, they are responsible for any damages incurred by the plaintiff in proportion to their involvement in the harm suffered by the plaintiff. The main situation in which a defendant breaches their legal duty towards a plaintiff is through negligence, which is primarily considered general irresponsibility or recklessness, or brash actions, often referred to as gross or willful negligence, which has caused an “accident.” Accident-related negligence can take on many shapes and forms.

It’s easiest to think of negligence as the primary action, or the method through which the violation of the defendant’s legal duty occurred. And there are degrees of that negligence. The most common form of negligence is simply carelessness, or not paying attention. When “gross negligence” breaches the defendant’s legal duty, then it is not a careless accident but is called “willful intent.” A defendant who caused injury through gross negligence usually behaves in a way he or she knew could likely produce some kind of harm, such as drinking and driving. But a legal claim of a defendant’s willful intent means he or she just didn’t care about the results of his or her actions. “Intentional or deliberate torts” (a tort is a legal term for the violation of a civil duty) are constituted by a person or entity intentionally inflicting trauma on another human being, including assault. This brief explanation should illustrate to you how negligence is often the most common way in which negligent defendants violate others’ legal rights. However, it doesn’t alter the fact that the victim, or plaintiff, must prove negligence, or some other form of disregard of the defendant’s legal duty, was the cause of the plaintiff’s injuries for which the defendant is allegedly liable.

2) Damages: This is another word for any monetary loss of value that the plaintiff has a legal right to claim because of the defendant’s negligence. And though in the real world, damages are thought of as only the specific injuries to the victim. In the legal world “damages” is a general legal term that sums up all of the harm done to the plaintiff that denotes the total financial value of the full impact of your condition as a result of your injuries. In the instance where the victim fractured his collar bone, the collar bone is the injury. But the legal damages would be any monetary costs and, or, losses that result from the injury. In both states, legal damages will either fall into the category of General Damages or Special Damages.

General damages are any damages that are do not have a specific economic value. This makes them much more subjective. They should be computed and presented very carefully by the jury if you want to have the best chances of winning your civil trial. Some common examples of General Damages may include:
Pain and suffering
Disfigurement
Loss of consortium (or partnership, this represent a professional or marital partnership)
Emotional distress
Physical disability (either short-term, long-term, or permanent)
Because of the subjectivity of these damages, they must be accompanied by a clear and effective explanation of each of the general damages suffered and the degree to which it was experienced, if you wish for each one to be accepted by the jury as genuine. General damages and the amount awarded for them differ with every case, sometimes even when the injuries are 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 of being burned. Even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. 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 why you need a personal injury lawyer to help you correctly establish the right amount to demand, based on the details of your suffering and background.

Special damages (which in some states are still called punitive damages) involve the actual economic cost of your accident, which makes them somewhat more objective because the amounts are easy to assess, although projecting them into a distant future is not as clear-cut as one would think. In an event where the resulting injuries are absolutely disastrous to the victim’s state of well-being, the attorney might not be capable of determining how much longer their client will live, which makes lost wages damage extremely difficult to calculate based on the injured victim’s previous salary earnings and what they might have expected to earn through future promotions or leaving that job to take a better one, that will now not happen because the victim has died. So great consideration must be given the more technical nature of the victim’s earning potential, like changes in the job description, pursuing higher education levels, or more specialized certification. All of these variables and others would inevitably lead to 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 that 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 insurance to defray these costs. In such an instance, once the plaintiff wins damages, some of those monies might be owed to the insurance carrier who paid those initial medical bills if the defendant simply awards the plaintiff a lump sum and is not ordered to reimburse the plaintiff’s health insurance carrier.

All of the damages that the plaintiff claims to have suffered from must be accounted for. The personal injury attorneys at our Law Office spend a great deal of time assessing the value of each case in order to create what is called a demand packet. This is an itemized account of all the client’s damages which is generally submitted to the defendant’s insurance company, plus a request for a specified amount of compensation.

3) Solvent Defendant: Now the most important element we have saved for last. You must have a defendant that is financially solvent. This means they have the ability to pay your legal damages. Why is this so important? Consider the drivers who accidentally crash their cars while swerving to prevent 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 actually caused the accident because he has no financial worth to pay the 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 they have suffered.

Identifying solvent defendants is a tremendous benefit that is delivered by an experienced attorney. He or she can greatly assist you in getting the justice you deserve, and also not waste a lot of time trying to sue people who can’t possibly pay you. But on the other hand, many defendants try to dodge their legal responsibility by trying to prove they lack the monetary means to pay. In most cases, they are simply obscuring their worth by trying to hide the money in separate, maybe even offshore, bank accounts, 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 auto accident liability claim.

Regardless of what these defendants will do to prevent you from finding out the truth, our experienced legal team is deeply experienced at identifying all possible monies that defendants may be hiding from you. An asset check is the most common way to discover hidden financial assets. 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.

There are some differences in medical malpractice cases in different states. In Texas, tort reform has limited the amount of money that can be awarded by any jury if a doctor or healthcare professional is found guilty of malpractice. While in some states, there are no “damage caps,” but there is a statute of limitations in which someone can file medical malpractice. In Texas, the statute of limitations is two years.

Texas employers are not required to subscribe to the state’s workers’ compensation insurance pool. Proving liability in workplace accident injury cases in Texas is a bit easier because the standards of provability are not as strict as they are in some states.

Outlining the Benefits of Having Our Lawyers on Your Side
It is a common misconception by the general public in Texas to assume that the state laws promise them equal financial recovery for their injuries when this is actually false. They don’t have the right to equal financial recovery, only the legal right to try. But they must secure it for themselves. It’s not a birthright. You don’t just ask and it will magically be given to you

Each state’s Civil Practice Codes (the rules that govern civil practices and procedures) only state that victims of an accident may seek out compensation by following specific legal guidelines. The burden of proof is on them, the victims. To be compensated, they must convince the jury that the defendant’s actions and the decisions behind those actions are the proximate cause, or reason, for the injuries that they sustained.

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 a relative then? Very rare is the case where family members or friends belong in your legal business.

It takes a special kind of attorney to be successful in this type of law. And a host of less than knowledgeable people are more than willing to give you “free legal advice” (which is often worth what you pay for it). That’s nice of them. Just remember to ask them if they live in the same state as you do. Then call an attorney.

Knowing the Law is Only Half the Battle
We’re going to share the secret to successful personal injury law. Knowing the law itself is only about 20 percent of the equation that is a successful personal case. Much like being a successful race car driver, most legal triumphs are usually a result of experience, knowing civil procedures, proving damages properly and completely, and establishing a strong tie between the defendant’s actions and the plaintiff/victim’s injuries. Most importantly, however, successful civil litigants are able to convince a jury of their plaintiff’s case, which is how to win a personal injury trial. When it comes to any profession, from race car driver to CPA to personal injury lawyer, experience wins every time.

Anyone can read a law book. But when it comes to personal injury, someone on your side must know how to apply the law by using the proper procedural methods and relying on experience to build a solid, sequential, and ultimately, persuasive case.

Sadly, many people don’t call an attorney until their chances of winning their case or claim that is already in the works are extremely low. Those who call us quickly, while everything is fresh and little has been said, have a much easier time winning their damage claims and cases than those who call us as a last resort, after too much time has passed. By first attempting to represent themselves the victims are often misled by the insurance companies they have been corresponding with. Insurance companies know how to “shine off” injury claimants and entice them with pitifully low compensation offers. 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. But, in point of fact, not only did they lose, they got slaughtered. And once you sign that release to get that check, the defendant (and his insurance company) is off the hook. You only get one bite at their apple. An experienced personal injury lawyer gives you your best shot.

Insurance companies and their defendants are motivated by only one thing if you are represented by a lawyer who has a winning track record and commands their respect. And that is to settle with you. A non-attorney will never create fear in the minds of an insurance company, despite their threats. And neither will you alone. Insurance companies know hundreds of ways to defeat you, many of which we know you have never even heard.

Do you know how to respond to a motion for summary judgment or how you’re supposed to answer interrogatories? Can you effectively dispose of 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 rules of Texas personal injury law apply to your situation? What should you do if a countersuit is filed against you and you must act quickly or your civil damage suit will be 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 personal injury lawyers at our Law Office.

Our Law Firm of Injury Lawyers Can Help.

If you or someone you love has suffered from a personal injury, the injury attorneys at our Law Office stand ready to assist you and make sure you win the justice and reimbursement you deserve. We have been fighting for our client’s injury compensation rights for over 20 years and have won thousands of personal injury damage claims and cases. 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 our Law Office now (toll-free) for a free consultation and find out how we can help you.

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Why Self-Representation is a Bad Idea
Texas Personal Injury & Wrongful Death Lawyer Explains Why it is Unwise to Handle Your Own Case

Filing a lawsuit is not an easy process for those without extensive legal experience. Texas personal injury laws are complex and constantly changing. Despite this, many people feel that they can adequately represent themselves in a personal injury case. Most of these people then find out the hard way that this is much more difficult than it appears. Our personal injury attorneys are here to answer common questions about victims representing themselves and to illustrate why handling your own personal injury case is virtually always a mistake.

Can’t Anyone Read & Interpret Laws in Order to Build a Strong Personal Injury Case?
This is possibly the biggest misconception surrounding personal injury cases. The fact is that understanding the law is hardly worth anything at all when it comes to building a strong case. While it is true that an attorney who does not know Texas personal injury statutes cannot effectively represent his or her clients, building a strong case comes down to experience and technique.

Knowing the laws is not the same as knowing how to apply them to a particular case. Attorneys only gain this sort of knowledge through experience. This is why lawyers just out of law school have a hard time getting jobs. Knowing the law just does not count for much when it comes time to build a case. Do you know what a demand packet is and how to respond to it? Do you know what it needs to contain? Do you know how to prove damages or respond to lists of admissions? If not, you likely are not prepared to represent yourself in court. These tasks are simply a tiny glimpse of the tasks that go into resolving a personal injury lawsuit.

Dealing with Insurance Adjusters and Defense Attorneys
You must also consider that, in any personal injury case, you will be going up against experienced insurance adjusters and defense lawyers. The insurance adjusters employed by most insurance carriers spend all day denying claims just like yours. These adjusters typically have thousands of denied claims under their belts. They may appear friendly, but they are merely fishing for information or poorly worded statements that they can use to deny your claim. People without case experience have almost no chance against such professionals.

Furthermore, you will be facing a team of defense lawyers, even if you have not declared your intention to file a lawsuit. If there is even the possibility of a personal injury suit, the insurance company will likely bring in their aggressive team of defense lawyers to start building a case against you. These attorneys will have experience going up against other attorneys, and they will have a thorough knowledge of personal injury law. Once again, without extensive experience without actual cases, you have virtually no chance of success against these lawyers.

But Won’t Legal Fees Eat Into my Winnings?
It is true that, like virtually all firms, we charge legal fees. But we operate on contingency, which means that if we do not secure a settlement for you, you do not pay us a thing. Even still, some of our clients are concerned that even if they win, after legal fees they will secure less than they could have received if they represented themselves. This is simply not true in virtually every case our firm takes on.

Ultimately, if we were in the practice of making people less money than they could secure for themselves, we would not still be in business. As it stands, we are highly regarded by our clients because we are almost always able to recover a significant settlement for our clients. We have a long track record of successful cases, and yet we still only charge attorney fees.

Our Law Office has been resolving cases for twenty years. In all those years, we have never seen or heard of a non-attorney successfully representing him or herself in court – not a single one. On the other hand, we have heard of thousands of people who have tried to represent themselves, only to realize that they were in over their heads and walk away with nothing. They may attempt to hire an attorney once they realize what they are up against, but in many cases, they have already irreparably damaged their case by something such as an inadvertently recorded statement. Many firms will not take a case after a certain point because of the likelihood that the case is damaged beyond any hope of repair.

An Example of Someone who Tried to Represent Himself
Recently, our firm was approached by a car accident victim. The man had been in an accident and sustained approximately $70,000 in damages. He had been representing himself for a few months, negotiating with insurance adjusters, and ultimately he received an offer of $3,000 from the insurance adjuster. At this point, he approached our firm and said he was considering hiring a lawyer, but he was still concerned about legal fees reducing the value of his settlement. After considering his options, he decided to continue to represent himself. He was sure that, if he threatened to file a lawsuit, the insurance company would be scared into offering him a fair settlement.

A few months later, he called us back to tell us how the case went. He filed his lawsuit, but here was the problem: the insurance company was not scared at all. Insurance companies are not afraid of lawsuits filed by non-attorneys. The man had a fairly strong case in terms of the specifics of his accident, but he did not know how to build a lawsuit. Regardless of how your accident happened, your case is only worth what you can receive from a jury or what you can scare an insurance company into paying you.

When the lawsuit began, the insurance company’s defense counsel sent the man a list of admissions. The man did not know how to respond to this list, so the defense lawyers requested a motion for a summary judgment. The judge dismissed the man’s case since he did not respond to the list of admissions. The man walked away with nothing. He called us to see if we could help, but by this point, his case was irreparably damaged. There was nothing we or any other attorney could have done.

The Bottom Line: Get Help From a Legal Professional

In all honestly, there are lawyers out there who do not treat their clients fairly, and these bad apples are largely responsible for the misgivings people have about hiring an attorney to represent them in court. But ultimately, most personal injury lawyers in Texas do play by the rules and they are out to help their clients receive the money they deserve. The ones that try to cheat their clients soon find themselves disbarred.

Ultimately, most people have almost no idea how to represent themselves in court. But our firm can help. We have been practicing for twenty years, and we have an in-depth knowledge of personal injury law. We have successfully resolved hundreds of high-profile cases, and we are dedicated to making sure that our clients receive the compensation they deserve. So if you or someone you love has been injured in an accident, contact the Texas personal injury lawyers from our Law Office today.

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Personal Injury Damages
What Are Damages in a Personal Injury Case?

The potential value of any Texas personal injury case or lawsuit is ultimately based on the number of damages that the plaintiff has amassed. In legal terms, the word “damages” refers to money claimed by or ordered to be paid to a person as compensation for injury or loss. The State of Texas recognizes two distinct types of damages in a personal injury case: General Damages and Special damages.

General Damages, otherwise referred to as non-economic damages, are any type of damages that do not have a tangible value associated with them. General damages are much more subjective and vary from situation to situation in the way that they are quantified.

Some examples of General Damages are:
Pain and Suffering
Mental Anguish
Physical Impairment
Loss of Consortium
Emotional Suffering
Inconvenience
Injury to Reputation
Disfigurement

For an example of the subjectivity of general damages, imagine that an industrial accident has occurred, whereby a factory exploded. In this explosion, there were two victims both of which were badly burned in the ensuing fire. Plaintiff 1 was knocked unconscious in the blast, and although he suffered significant burns, he was not awake and alert to experience the pain. However, plaintiff 2 was just as badly burned, but was fully alert and experienced the full and terrible pain associated with the burn.

While both of these victims may end up with similar medical expenses and so forth, they each experienced a different amount of pain and suffering, and the damages they are entitled to would be different.

Furthermore, general damages are subjective in the sense that every person experiences and is affected differently by the above-mentioned damages. For example, an 18-year-old cheerleader who has a small scar on her face as a result of an injury may be considerably more affected by the disfigurement than a 30-year-old firefighter may be. Some people do not care what others think, and some people depend largely on their reputation, which would make damage to that reputation a significant event.

Special Damages, otherwise known as economic damages, are any variety of damages that have an explicitly quantifiable dollar amount.
Some examples of Special Damages are:
Lost Wages
Medical Expenses both past and future
Property Damage
Court Costs
Loss of Earning Capacity

For an example of special damages, imagine that a plaintiff who worked as an electrician or lineman making $60,000, yet lost his ability to work after an 18-wheeler accident caused the loss of one of his legs. Naturally, he can no longer continue his work climbing electrical poles, and as such, he would lose his income over his remaining 20 years of expected employment. Therefore, he has at least $1.2 million in damages as a result of his loss of earning capacity, not to mention his other damages such as medical expenses and so forth.

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

One of the defining characteristics of a good personal injury or wrongful death attorney is that attorney’s ability to properly account for, and quantify ALL of the damages that you are entitled to be compensated for. Our Texas personal injury attorneys thoroughly evaluate every case in order to maximize the case’s potential value.

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Slip & Fall Injury
Texas Attorney Discusses Slip & Fall Injuries & Premises Liability Law in Texas

According to the law, property owners in the state of Texas must adhere to minimum reasonable safety standards for visitors to their property. Due to a legal principle known as premises liability, a visitor to a property who suffers an injury due to the property owner’s negligent refusal to provide reasonable safety can legally seek damages from the property owner through a personal injury lawsuit.

The handling of a premises liability case, however, relies a great deal on the nature of the visitor and the circumstances in which the accident occurred.

If you or a loved one was injured while visiting someone else’s property, the attorneys at our Law Office want to help you better understand premises liability and the processes and challenges you will face in seeking fair restitution.

Three Types of Visitors
Legally speaking, a property owner owes the duty of safe conditions to nearly every visitor to his or her property. Many people don’t realize, though, that the property owner owes different legal expectations for different types of visitors. Texas law recognizes three distinct types of visitors in cases involving premises liability:

Invitees are people who enter another person’s property willfully and deliberately for the benefit of both the property owner and the visitor. A shopper entering a store, for instance, can benefit him or herself by purchasing something he or she needs, while the property owner benefits by making a sale.
Licensees are visitors who willfully and deliberately enter another party’s property but only the visitor benefits from the visit. It might seem odd, but the law considers a person dropping by to visit a friend as a licensee because that type of visit allegedly only benefits the visitor.
Trespassers are people who enter another person’s property deliberately, willfully, and illegally. A burglar breaking and entering is a prime example of a trespasser.

Different Legal Duties Owed For Different Visitors
Property owners owe three different duties to visitors:

To seek out dangerous hazards on the property and warn visitors of them
To warn visitors of dangerous hazards on the property that the owner is already aware exist
To avoid willfully and deliberately injuring visitors
Property owners do not, however, owe all three of these duties to all visitors. Property owners owe only invitees the responsibility of searching for and warning of the existence of dangerous hazards. Property owners must attempt to locate slippery floors, sinkholes, or frayed electrical wires, or other such dangers and then warn invitees about these problems. The law requires property owners to actively seek environmental hazards.

Only invitees and licensees are required to be warned of pre-existing dangers according to Texas premises liability laws. For instance, if a property owner installs an electric fence to protect his or her property, then he or she must mark the fence clearly or be held liable for any electrocution injuries or deaths.

Property owners cannot willfully and deliberately injure any visitors to their property – even someone who has entered the property illegally. A property owner cannot set dangerous traps to injure someone breaking into the property, or the property owner is liable for any injuries the burglar may suffer as a result.

Premises Liability Accidents
Premises liability injuries that are eligible to file lawsuits can include but are not limited to:

Slipping and falling: when dangerous conditions like a wet floor, a frayed rug, or a negligently placed extension cord cause an invitee to slip and fall.

Elevator collapses: a visitor who is injured during an elevator accident can file a claim against the property owner even when faulty machinery causes the collapse.
Falling downstairs: if a visitor falls due to a lack of adequate lighting or a handrail or possibly due to a missing or uneven step.
Criminal activity: if a crime results in an injury to an invitee, such as a customer shot in a jewelry store heist, then the injured party or his or her family in the event of wrongful death, may file a claim against the property owner.
Animal attacks: property owners can be held liable for injuries caused by their own animals to visitors, as well as, any injuries caused by any animal on his or her property.
Many different elements can affect a premises liability lawsuit, and a property owner can be liable for a wide variety of hazards: from a failure to put down a wet floor sign, to a lack of adequate lighting, to an angry copperhead snake. If you have been injured on somebody else’s property, then you need the help of an experienced premises liability lawyer to sort through the specific details of your case and the complex laws in question, so you can get the compensation to which you are entitled.

After 20 years of trying cases all over the Lone Star State, the attorneys at our Law Office are here to help you understand the options available to you to seek restitution. We have won settlements from virtually every major insurance company in the country, proving over and over again that we know how to get compensation for the victims of premises liability injury cases. The insurance companies are imminently aware that it’s better to settle with us now than go to trial and pay more later. In many cases, our clients quickly receive settlement offers and can get back to enjoying their lives with minimal expense and inconvenience.

We can help you get back to living your life too by quickly and efficiently settling your claim. If you or someone you love has been injured while visiting someone else’s property, then call our experienced premises liability lawyers today for a free consultation. We will answer any questions you have and get you on your way to finding just restitution for your injuries.

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Types of Personal Injury Cases
An Explanation of the Various Types of Personal Injury Cases

In the state of Texas, there are three categories that all personal injuries fall into; they are Intentional Torts, Strict Liability, and Negligence. Any type of accident, be it a work injury, a car accident, or a product liability injury, will be classified as one of these three.

Each category has different standards and processes for obtaining compensation. The expert attorneys at our Law Office are here to help you understand the differences and determine what type of personal injury you have suffered.

Negligence
Negligence is the most common of personal injury cases. Citizens have an obligation to adhere to certain laws, such as traffic laws, and practices. When they break these laws, by speeding for example, and cause another person harm they are held legally responsible for the damages they caused. Texas law states that we are legally culpable for our actions and have a duty not to put another person in danger.

Proving negligence is not always as easy as pointing a finger and saying, “It’s your fault.” If you or a loved one has been hurt by another person’s negligent behavior, the attorneys at our Law Office have 20 years of experience in helping victims get the compensation they deserve and bringing the guilty parties to justice.

Strict Liability
Strict liability often relates to faulty products or product liability injuries. When a company manufactures and distributes a product they are directly responsible for any injury incurred as a result of the use of their product. For example, if a car seat company makes a faulty car seat and a child is hurt because of it, the car seat maker is held liable and responsible for the damages. The manufacturer did not directly cause the injury, but as a result of their connection to their product, they are held to be at fault by default. The expert Personal Injury Attorneys at our office can help you ensure that you receive the maximum compensation from a company after the use of their product brought harm to you or your loved one.

Intentional Torts
Intentional torts go beyond negligence in that the act that caused harm to the victim was intentional. Every citizen has an obligation not to act in such a way as to put another person in danger. If someone is injured as a result of someone’s failure to observe this duty, the victim can sue for personal damages.

Intentional acts of violence are often handled through criminal courts, but in the state of Texas, a victim can file a personal injury lawsuit as an intentional tort in civil court. If you or a loved one has been directly harmed by another person, you can seek compensation for the damages suffered.

The O.J. Simpson trial is the most famous example of an intentional tort case. Simpson was acquitted of the criminal charges relating to the death of his wife Nicole Brown-Simpson, but the family of Ms. Brown successfully filed a civil suit against Simpson. The family received a large settlement after the courts judged that Simpson had committed an intentional tort against Ms. Brown that brought about her death.

It is also important to remember that an intentional tort case is filed against an individual. Insurance policies do not cover intentional tort claims. For example, if you are hurt as a result of slipping on someone’s stairs entering their home, you could file a suit against their homeowner’s insurance. In the event that the actual homeowner deliberately hurts you, you can file an intentional tort against the individual but not against the homeowner’s insurance.

In either situation, it is best to get qualified legal counsel, such as the experienced lawyers at our Law Office can provide. We are proud to boast of 20 years of experience in successfully helping people get the justice they deserve after suffering a personal injury.

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Our Burn Injury Attorneys Can Help With Your Situation

Fire is one of the natural elements of the universe that was created by God and it’s probably the most destructive force on earth. An average summer day in Texas can reach as high as 100 degrees Fahrenheit.

Now imagine touching something ten (10X) times as hot. Scientists say the temperature of an average fire can reach 1,000 degrees Fahrenheit. There are only a few things on earth that can withstand the heat of a fire, and human skin is not one of them. In fact burn victims have been known to suffer nerve damage, disfigurement, and even death as a result of exposure to fire. If you or someone you know has been injured or died in a fire due to someone else’s negligence, call our burn attorneys today for a free consultation today.

There are more than two (2) million burn injuries are reported every year in the United States. About twenty (20,000) thousand people are admitted to the hospital because their burns cover at least twenty-five (25%) percent of their body. And some of their injuries are so severe that about ten (10,000) of those victims will die from their wounds.

According to the Bureau of Labor Statistics:

Burn injuries are the top cause of accidental death in America after car accidents.
Children who are fourteen and under die in accidental home fires more than any other age group. And it’s the third leading cause of death for adults.
Adults over 55 are injured in house fires more often because they fall asleep by smoking.
The kitchen is the deadliest place in the house for people ages 75 and above because it’s where they are injured most. And people ages 75 and older are more likely to die in house fires because they might be uninformed and unable to escape.
Children from birth to 4 years old suffer from hot water scalds more than any other age group.
Newborn to 2-year olds have more emergency room visits due to burn injuries they received in the kitchen and bathroom than any other age group.
Because of the debilitating nature of burns, they are the most expensive injuries to treat. The more of a person’s body that is exposed to burns, the more it will cost to treat them. For instance, a burn that covers just ten (10%) of a person’s body can cost more than $100,000 in hospitalization and physicians fees. If the wounds are more extensive, more costs could apply for reconstructive surgery and possibly rehabilitation. In addition to the cost to treat the burns the injured person has to miss days from work. So the accumulation of their injuries, medical bills, and lost wages often can lead to psychological stress and depression. If you or someone you know is suffering from burn injuries due to someone else’s negligence and you need legal assistance, call our burn attorneys today for a free consultation.

How Burn Injuries Happen
You might have heard about Dallas Wiens’ story. He is the Texas man who received a full face transplant – the first in the United States – after he was disfigured in a work-related accident. Wiens had his face practically melted away and he lost his eyesight after he accidentally touched a power line while he was painting. He recently received a new nose, lips, and the underlying nerves in his face so that he could feel his daughter’s touch on his face again, thanks to advancements in burn injury treatment.

More than one million people in America suffer from burn injuries every year. Whether or not medical treatment is needed depends on the severity of the burn. Most people suffer from simple household burns while they’re cooking, while others might work in an occupation where they are exposed to high temperatures such as in welding, in machinery, or in a restaurant of course. Wounds from a curling iron burn or even sunburn can range from a minor first-degree blister that can be healed by applying aloe vera to fourth-degree life-threatening wounds that require extended treatment.

The severity of the burn depends on how hot the skin gets and the length of time the skin was exposed to the burn. If the skin was exposed to the heat for an extended amount of time there could be nerve damage that prevents the victim’s arms and legs from functioning normally. It also depends on where the burn occurred on the body because the thickness, water, and oil content are different on some parts of the body such as the hands and feet. The skin is thinner around the face, neck, and belly area. All these variations make each burn unique. If a person is exposed to extreme heat or a chemical agent, their wounds might be different than if he or she is burned in a vehicle accident or an explosion. Boiling water, gasoline spills, and electrocutions also can cause different effects on human skin. That’s why there are hospitals that have special burn units that treat only burn injuries. If you or someone you know are suffering due to burn injuries because of someone else’s negligence, call our burn attorneys today for a free consultation.

How Burn Injuries Are Treated
There are more than 130 burn units across the United States. Most of them are housed at hospitals across the country. Some of them only work with children. Long-term treatment for serious burn injuries involves skin grafts. Skin grafts are the process of taking skin from one part of the body and attaching it to the damaged area of the body. Short-term treatments for burns include bandages, antibiotics, and other methods. The effect of these treatments depends on whether or not there were previous health issues that need to be considered.

Insurance policies and Burn Injuries
More than a million people suffer from burn injuries every year which require emergency treatment due to the negligence of someone else. Burn injuries could lead to nerve damage and limited use of the arms and legs, which is why the cost of treatment is so expensive. A majority of insurance policies are not worth enough money to pay for the average serious burn injury. It’s because there is a specialized treatment that is needed to repair burn damage. So you might think there would be a special category of compensation for someone who is victimized in this way, but there is not. Some victims suffer disfigurement, mental anguish, and depression because of their injuries. Our self-esteem is based on mostly how we look – or more specifically, how others look at us. So if a person is disfigured by their injuries it could be a life-altering experience.

Burn Survivors of Personal Injury Accidents in the U.S.
If you’ve ever experienced a burn, even for a second, you know how painful it can be. So for someone who is injured in a car accident or exposed to fire for an extended period of time, it can be excruciating. Some people might think they are being burned alive. And that probably is the highest form of mental anguish. It’s hard to bounce back from something like that. In fact, getting back to work can be tough. For some people returning to work is medically impossible.

Personal Injury Lawsuits and Long-Term Burn Care
When someone is burned badly, even if they have insurance most policies don’t have enough value in them to cover the expense it normally takes to treat someone. So the victim is left to figure out how he or she is going to foot the medical bills and if they have been disfigured there will be emotional scars that also should be addressed. Serious burn injuries don’t just heal by themselves. They need to be treated by professional specialists trained in this area. If your burn injuries are due to the negligence of someone else, you owe it to yourself to hire a personal injury attorney who can help you outline your options. Who is to blame for your injuries and how could it have been avoided? Our burn attorneys can help you to figure it out. Our team of experienced litigators will do a full investigation of your case so that you know what your next move should be.

There are three must-haves to a personal injury case:

The victim must show he or she suffered some type of physical, mental, or emotional injury. And in the case of a burn victim that should be easy to do.
The victim must show that the defendant had a duty to do no harm. If the burns came as a result of a car accident, this can mean that the guilty party failed at their duty and caused the victim’s wounds.
The victim must show an economic loss, known as damages, because of the injuries. Damages include financial losses including medical expenses, property damage, and lost wages.

What to Watch Out For: Stories vs. Evidence
Even though a judge and or jury will be emotionally moved by the sight of a victim’s injuries and the story behind the injuries, it’s important to make sure your personal injury lawsuit has all the elements (named above) needed to win the case. When some people attempt to go it alone and pursue legal action by themselves, they may be left without the resources to conduct the best investigation. So it may then prove impossible for anyone to know what truly happened. However, with the help of a burn injury lawyer the investigative team at our Law Office, our clients can be assured of having a thorough investigation conducted into their accident scene so that the truth of the accident’s cause can be assessed, regardless of what the liable driver may be saying.

Contact our Law Office (toll-free) for a free consultation to discuss the merits of your personal injury burn injury case. We will answer any lingering questions you may have. And we will evaluate your possible legal options in light of the specifics of your case. By starting the process to seek compensation for your injury or loss today, you can start on the road to recovery that much sooner.

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The Thin Skull Rule & Eggshell Skull Rule
Personal Injury Attorney on the Thin Skull Rule, AKA the Eggshell Skull Rule

The thin skull rule is invoked in personal injury cases in Texas when a person with a previously existing medical condition suffers an injury that results in greater harm to that person than if they had not had a preexisting condition. The thin skull rule, also known as the eggshell skull rule, holds that the liable party for such an injury is still liable for the full extent of a plaintiff’s injury, regardless of the defendant’s knowledge of the plaintiff’s preexisting condition. The simple phrase often used to convey the essence of the thin skull rule is “take them as they find them,” which means that a defendant must take a plaintiff as they find them.

The unique legal phrase for this rule comes from the notion that a person with a thin skull would suffer more severe injury than a person with a normal skull. It’s likely that a person causing injury to the victim would not be aware that the person had a thin skull. However, the eggshell skull rule exists so that a person’s previously existing medical condition cannot be used by a defendant in order to skirt any or all liability for the extent of the injury incurred by the victim.

Many people injured in car wrecks or through workplace accidents have contacted my office in the past, fearful that they have few legal rights to seek compensation for their injury because they’re aware of their susceptibility to injury due to a preexisting medical condition. However, the existence of the thin skull rule allows such individuals, who often experience a much greater amount of pain due to their existing medical condition compounding their injury, an avenue for legal recourse. Should you have sustained an injury due to another person’s or entity’s negligent behavior, which may have resulted in more severe injuries than normal due to a previously existing medical condition, consider contacting our personal injury lawyers. With twenty years of experience in helping injured victims just like you see fair compensation, the team at our Law Office will work with those responsible for your previous medical care so that we can show how an injury was exacerbated by your medical condition.

As you’ve likely incurred a greater amount of damages due to an injury compounded by your previous medical condition or susceptibility to injury, seeking compensation for such an injury is an important step to take in order to start the recovery process. In addition to seeking compensation for your injury, you will also be working to hold the negligent parties accountable for their behavior so that a similar accident does not have to befall another person.

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