Personal Injury Law – Injury Attorneys

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Injury Attorneys

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

“Personal injury” is a legal term relating to a classification of law involving any sort of physical injury along with any and all “damages” suffered by the injury victim. Taken altogether, damages include physical and emotional distress and other elements that can be considered compensatory that produce the victim’s personal loss.

The person or entity that caused the accident can be legally required to pay the victim. This person’s liability for the damages can be the result of an overt act on the liable defendant’s part (known as willful action) 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 responsible for the injury. More about our Car Accident Attorneys in San Antonio here

However, the personal injury laws in Texas are based on rules known as the Texas Civil Practices and Remedies Code. And nowhere in the code does it say that an injured party (or plaintiff) is automatically owed anything by the defendant. Or to put it another way, just because someone hurt you, doesn’t mean you can’t get the money without a fight. Where do you think the popular words “sue me” came from? This most important, aspect of Texas personal injury law is also the most generally misunderstood. Just because someone owes you money for damages and harm done to you that they are responsible for, doesn’t mean they’ll just say “sure, how much do I owe?” 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 they suffered. And that’s why you recover your damages through a civil lawsuit.

Personal injury laws in our state, like all civil and criminal laws in every state throughout the US, assume the innocence of the accused until proven guilty. This is why defendants are not automatically forced to give up their money. Rather, the laws require the plaintiff to convince the jury that the other person is guilty. This is called “burden of proof.” 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. Some call this “burden of dis-proof” the other half of the plaintiff’s job in a personal injury case. Until your burdens satisfy the jury, you won’t be paid a dime.

Many Have the Right 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 the defendant has somehow violated. Legal Duty is also a legal term that essentially states we all owe each other a certain level of responsibility to exercise a “reasonable amount of care and good judgment” in order to avoid harming others. Take, for example, yourself when one is driving a car. We are all expected to operate our vehicles in a manner that best protects not only us but everyone else within the path of our autos and not cause an accident. Driving recklessly, even if it’s just a few seconds, or making the decision to get behind the wheel of our car after having too much to drink, then getting into a wreck likely means we have violated our clear legal responsibility to not harm others and we will probably be asked to pay legal damages to anyone we hurt.

When someone harms us, just like burden of proof, it is up to us victims to gather enough relevant evidence to show that the defendant who harmed us owed that legal duty, and then violated it, in order for our personal injury case to have the best possible outcome. But there are different levels of legal duty that depend on the circumstances of the accident. And there are some areas of duty that are much higher than the traditional form we have just discussed. An example of this difference might be effectively illustrated by imagining the standard of care owed to you by your neighbor, and that of a doctor. Although you probably trust your friend and longtime neighbor with the keys to your house while you are on vacation, a doctor holds your very 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 friend and neighbor.

The degree of legal duty can also be different depending on the circumstances. Let’s say that same doctor walks up to you in the grocery store and for some unexplained reason, pulls out a pocket knife and slices your hand. In this event, he has violated a lower legal duty because the encounter had nothing to do with a doctor/patient encounter than he would have if you were on the operating table, and he performs malpractice by operating on your left leg when he should have performed surgery on the right one. Legal duty is about circumstance and context.

Most personal injuries occur when someone clearly violates their acceptable legal duty depending on the environment and circumstances. Some legal duties can be clear-cut. Others can be a bit 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 another portion of that same legal duty can be found in a legal concept in Texas law called “respondeat superior.” It states that employers of those found to be liable for an accident of any kind may be ultimately held responsible for the actions or inaction of their employees. But on the other hand, if the same exact injury 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.

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 an injury lawyer at our Law Office. 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 a personal injury lawsuit.

Construction Site Accidents – Non-Subscribers to Workman’s Compensation

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Non-Subscribers to Workman’s Compensation

Non-subscribers of workman’s compensation insurance have a different set of variables involved in their lawsuits. When dealing with non-subscribers, you are much more likely to get a company that will not settle immediately for the fact that they are protecting their own money and resources. They are more likely to aggressively defend themselves against such accusations that may be levied against them. When a claim is filed against a non-subscriber, they have the chance to settle out of court, but if they do not, the injured party, or plaintiff, has the burden to prove that an injury did occur at the hands of the company. Fortunately, the level of proof is much lower than that of subscribers to workman’s compensation insurance.More on this webpage

Defining Sole Proximate Cause

The main obstacle to overcome regarding non-subscribers is the lone defense that they can legally employ sole proximate cause. Sole proximate cause is when a person is one-hundred percent responsible for their own injuries. In such cases, the company, or defense, will hire specialized attorneys who are skilled at shifting the blame to the injured worker. They will try and show that the cause of the accident was completely due to the actions of the injured individual and not because of the company. This of course can be a difficult proposition for the defense, since they have to prove one-hundred percent. This makes non-subscriber cases advantageous for the plaintiff. If you have been injured in a construction site accident, it is important to have the advice of a qualified construction accident attorney to help you decide if you have a viable case against a non-subscriber. Give our Law Office a call today toll-free and receive your free consultation.

Contract Labor Versus Company Employer

Although the sole proximate cause defense is the only legal defense afforded to a non-subscriber, it is not the only defense period. Often companies in an attempt to avoid lawsuits in the first place will hire contract labor. With contract labor, there is not the same legal liability involved in the case of an on-the-job accident. This allows the construction company to avoid its responsibility more easily.

By definition, contract labor is labor that is hired on a per-job basis and in which no tools are provided and no specific times to work are given. In addition, no supervisor is supposed to give direct orders on how to complete the task. These definitions along with several others make up the contract employee–company relationship. By contrast, the employer of a company is legally more protected and the company has much more legal liability in regards to him. The employer is usually provided his tools, told the time to work, and given instructional supervision of some sort.

However, companies will try and stretch the definition of a contract laborer to fit their needs. This is where the knowledge and know-how of a veteran construction accident attorney come in handy. Our Law Office can do the investigative research that will reveal the actual nature of the relationship between the company and the injured worker so we can help you develop a solid case.

Below is a list of definitions of which any will constitute an employer-employee relationship.

Withheld taxes on check
Important equipment or tools provided by the company
Set work hours
Direct inspection and oversight of work done
Taking a drug test or limiting your rights
Being employed for not only a single project but for an undetermined amount of time
You are not paid on a per-job basis but by the hour

If any one of these is applicable to your situation, you may actually be an employee of the company, even though they claim you are not. If this is the case, you may be entitled to sue and receive compensation for your injuries. Our Law Office can help you make that important determination. Give us a call today toll-free.

San Antonio Truck/Semi Accidents

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San Antonio Truck/Semi Accidents

A semi-tractor (truck or 18-wheeler) is a danger on the roadways if there are no proper measures taken to ensure that there are no mechanical malfunctions, equipment failures, or ignoring driving regulations and guidelines. Anyone can be a victim in an accident with a semi-tractor (truck or 18-wheeler). If you or a loved one has suffered injuries from the negligence and fault of someone else, contact us. We will stand with you to make sure your rights are protected.

Semi-Tractors/Trucks/18-wheelers & Trucking Companies – The most common causes of trucking accidents

Is someone responsible for my injuries?
What to look for if involved in an accident with a Truck
Who is responsible for a truck accident injury or death case?

Trucking companies and insurance carriers dispatch their accident investigators to the scene of the crash as soon as the call comes in. So while you are tending to your injuries and dealing with the aftershock, the truck and insurance companies are getting ahead to start building a defense and minimize their liability exposure. Our Law Firm is on your side. Call us today to schedule a free consultation.

Injuries on the Job
Are you or a loved one been seriously injured on a job site as a result of:
Oil field Accidents
Plant explosion
Factory Accidents
Construction Accidents
Accidents as a result of OSHA Violations
Roadwork Accidents
Railroad Accidents
Helicopter Accidents/Crane Accidents
Fall from a Building
Scaffolding Falls
Elevator shift Falls
Roof Collapsing
Other Injuries Resulting at a Job Site
Construction accidents & injuries

We are here for you. Call us today to schedule a free initial consultation.

Medical Malpractice

Medical malpractice is a professional negligence action that can be brought against a healthcare provider for acts or omissions that have deviated from accepted standards of practice in the medical community and caused injury or death to you. If you or a loved one has been injured because of a doctor or hospital negligence, you then need a lawyer with experience, settlement negotiating skills, and medical science knowledge. Our Law Firm offers you a free case review and consultation. So, do not wait, time is not on your side, give us a call today.

If you have been injured as a result of an unsafe condition on someone else’s property, you might have a claim. Let us evaluate your Claim Call us toll-free to schedule a free consultation. Some of the damages you may be entitled to include: lost wages, medical expenses, pain, and suffering as well as other punitive and compensatory damages.

Premises liability cases are often complex and require thorough investigation and hard work to determine liability. Our Law Firm is committed to your case and our experienced attorneys will keep you informed and will follow through from the beginning of your case until its ultimate resolution. We understand how life-changing such an experience can be and how it can affect your quality of living, which is why we are so compassionate and committed to getting you all the money you deserve for your injuries.

Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (house).
As a result of defective products, each year thousands of people are injured. Fortunately, individuals or companies responsible for these injuries can be held accountable due to the product liability laws. If you or your loved one has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the defective product. We offer free consultations and do not charge a fee for our services unless your case is won.

Call us today for your free case evaluation. We are the LAWYERS ON YOUR SIDE.

A wrongful death suit is a legal action (lawsuit) filed for the death of a person due to the carelessness, negligence, recklessness, malpractice, or inaction of another individual, company, or entity. The tragic and unnecessary death of a loved one can be one of the most traumatic experiences one can go through in a lifetime. Such a tragedy often leaves families devastated and heartbroken, feeling as if they have nowhere to turn. The physical, psychological, and emotional toll on you and your family is profound.

The goal at our Law Firm is to help guide you through the process with the highest level of caring, expertise, and compassion. It is hard enough to deal with the death of a family member or loved one. However, when that death is caused by the negligence or misconduct of another, the effects are multiplied. Not knowing your options is a real and natural dilemma our litigation attorneys are prepared to help you through this difficult time step by step.

The law allows for a variety of damages in a wrongful death suit. Some of these damages include medical and funeral costs, lost wages including future earnings, lost benefits, loss of support or companionship and consortium, loss of inheritance, pain, and suffering, mental anguish, and other general damages. Further, in some cases, punitive damages are recoverable for reckless actions. The Wrongful Death Act provides the exclusive remedy for wrongful death in Texas; the Wrongful Death Act also provides for compensating the decedent’s spouse, parents, and children for the losses they sustained as a result of the decedent’s injury and death.

Please contact us for a free consultation to discuss the specifics of your tragedy and let us inform you of your legal rights as we counsel you during this difficult time.