Various Types of Personal Injury Cases

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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 truck accident, a work injury, a car accident, or a product liability injury, will be classified as one of these three. More info on this website
Each category has different standards and processes for obtaining compensation. Texas attorney and 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 Offices have 20 years 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 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 Law Offices 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 failing 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 Offices can provide. We are proud to boast of 30 years experience in successfully helping people get the justice they deserve after suffering a personal injury.

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Understanding the Role of Demand Letters

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Understanding the Role of Demand Letters and Settlements in Personal Injury Cases

Why would you want to pay the defendant? Aren’t you suing them? If you are the plaintiff, you don’t make a settlement offer.

Are you talking about a demand letter?

Your attorney bases the demand on various things involved in the case. The first is what type of case you are involved in. For instance, if you were in an auto accident, the demand will be based in part on the amount of insurance coverage, the extent of your injuries, liability and comparative negligence, the amount of your medical bills, if your injuries are permanent, lost wages, thresholds your state may have set for these types of suits, etc.

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The demand is typically much higher than what the case is actually worth unless you are in a situation where you can reasonably expect to get the full policy amount (low policy limits and serious injuries).

Your attorney bases the number in the demand letter on a combination of these facts, their personal experience with what similar cases are worth and any other factors that may be involved (laws in your state, etc).

You aren’t in charge of choosing a demand amount … your attorney is. Clients always feel their injuries are worth far more than they really are and most simply don’t understand the concept of policy limits. Many clients have read or heard about a case where large punitive damages were awarded because of special circumstances and they in turn feel that their case meets all the criteria involved when in fact it doesn’t even come close.

You have final say on acceptance of a settlement offer, but if an agreement can’t be reached your attorney has final say on whether or not the case goes to trial.

“Your attorney works for you” WRONG. Your attorney has been chosen and hired by you to represent your interests and advocate on your behalf in a matter that you have neither the education, qualification, experience, proper certification nor license to handle. An attorney has a set of professional responsibilities that must be adhered to and is not your little hired minion. They work on your behalf, and not for you.

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Personal Injury Law – Trucking Accidents

Trucking Accidents

The highways of Texas see a high volume of trucking traffic. Interstate 10, I-20, I-35, and I-37 are popular routes for semi-trucks. All too often, the tractor-trailers and semi-trucks that travel our highways are involved in deadly accidents with the smaller cars, SUVs, and motorcycles that share the roadways.18 wheeler accident attorneys

Of course, the trucking industry plays a critical role in our national economy by transporting various products coast to coast. However, there is a price that the rest of us pay for relying so heavily on the trucking industry. That price is safety!.

In 2020, there were 155,915 crashes involving large commercial trucks resulting in 4,535 motorist deaths. 67,849 were severely or permanently injured. Statistics show that the weight difference alone can create dangerous conditions for motorists. Even low-speed accidents can prove deadly to those in smaller vehicles.

Think about it – a fully loaded, triple-trailer semi-truck can weigh as much as 129,000 pounds. A more conventional 18-wheeler semi-truck weighs in at 80,000 pounds. That’s 40 tons! In contrast, the car you’re driving probably weighs no more than 3,500 pounds: less than two tons. While large pickup trucks and SUVs average around 5,000 pounds, they are still no match when colliding with a tractor-trailer.

WHY DO TRUCK ACCIDENTS HAPPEN?
Accidents happen fast. A moment’s distraction may turn into a lifetime of pain or regret. As with other motor vehicle accidents, most truck accidents can be avoided by some simple common sense. There are numerous reasons why truck accidents happen. Some of the more common reasons are:

Speeding
Driver fatigue (insufficient rest)
Insufficient training
Texting while driving or not paying attention
Following other vehicles too closely
Trucks being loaded improperly
Shifting cargo
Poor truck maintenance

Not adapting to poor driving conditions (i.e. rain, snow, ice, etc…)

Truck drivers are often under great pressure to deliver goods on time. As a result, any interruption in their schedule causes added pressure to get to their location. Under this burden, drivers can become reckless, often driving on too little rest or going faster than the law or weather and road conditions allow. Reckless driving can also include irregular shifting and driving too close to other cars. Many times, reckless driving leads to injury, property damage, and even death. If there is one central cause of accidents involving 18-wheeler trucks, it is the pressure put on drivers to deliver their cargo on time – no excuses.

Truck drivers are supposed to undergo specialized training to operate commercial trucks. Like other motorists, they are required to obey numerous state and federal laws, as well as company guidelines, that have been enacted to monitor the trucking industry and to ensure the truckers on the roads are safe. Unfortunately, some companies not only fail to train their drivers, many actually hire drivers who have proven themselves unreliable in complying with laws. Trucking companies that do nothing to prevent this dangerous behavior, even though by law they are required to monitor their employees, are putting innocent families at risk. Sadly, it is a risk they are willing to take.

There are many types of truck accidents that occur on highways, interstates, and streets. Some common tractor-trailer accidents involve head-on collisions, rear-end accidents, and side-impact (“T-bone”) collisions. The most serious accidents involve multiple vehicles or “underride” truck accidents, where a car crashes beneath a truck’s trailer, causing the car to get lodged underneath the truck.

FREE TRUCK ACCIDENT LEGAL CONSULTATION

If you, a loved one, or a family member have suffered injuries in an accident involving an 18-wheeler truck, semi-truck, or tractor-trailer, you need to act fast to preserve evidence and secure your rights. Call our Truck Accident Lawyers right away. Remember, if you can’t come to us because of distance or injuries, we will come to you.

If a family member has been killed in a truck accident, you may have a claim for wrongful death. Call us today. We will protect your rights and help you with your legal case.truck accident law

I LIVE ALL THE WAY ACROSS THE STATE. CAN YOU STILL HELP ME?

Absolutely. In today’s technological world, we can do many things that were once impossible. Our attorneys have been working with clients all over Texas for decades.

TRUCKING ACCIDENT CASES ARE DIFFERENT THAN CAR ACCIDENT CASES
While there are exceptions, most car accident cases involve people who are not transporting cargo across state lines. Most accidents involving semi-trucks involve the transportation of commerce, which makes those trucks subject to state and federal regulations.

The Federal Motor Carrier Safety Administration is a federal agency housed within the Department of Transportation. The purpose of the regulations adopted by the FMCSA is to save lives and provide safer roadways through uniform rules designed to improve the safety of commercial vehicles.

If you are involved in a collision with an 18-wheeler truck, chances are one or more FMSCA regulations will apply. For example, there are regulations that affect the number of hours a driver is allowed to drive without rest (49 CFR Part 395.1), as well as weight restrictions (49 CFR Part 658.17) for the rig itself. If a lawyer is able to prove that a driver or trucking company violated one of the regulations designed to keep the traveling public safe and that violation caused or contributed to cause your accident, the penalty to those responsible for your injuries could be severe.

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