Category: Personal Injury

Is Your Lawyer Selling You Out? 7 Signs To Look For

Friday, August 11, 2023

It is imperative to have competent, professional, experienced and reliable legal advice when involved in a personal injury case. It is best to employ a Texas Board of Legal Specialization in Personal Injury Law. Only 3% of Personal Injury Attorneys are board certified in Texas. It is an elite group of professionals in personal injury law in Texas.

Managing and progressing a Personal Injury case can be very difficult, especially if the victim is suffering with long-term injuries and the related ill effects after the accident. It is absolutely crucial that the injured have someone to trust to navigate what can be an extremely traumatic incident.

A competent, experienced personal injury lawyer is the key to ensuring that the victim of an accident receives the financial assistance and compensation that they are entitled to – the right personal injury lawyer could be the difference between you being awarded damages of $10,000, and receiving compensation of $500,000.

Determining whether a lawyer is selling you out or acting against your best interests is difficult to know for sure. If you suspect your lawyer may not be acting ethically or is betraying your trust, consider the following:

  1. Trust Your Instincts: If you have a gut feeling that something is amiss or that your lawyer is not acting in your best interest, take this feeling seriously. Pay attention to any red flags or inconsistencies in their behavior.
  2. Communication: Open and clear communication is crucial. If you feel that your lawyer is not keeping you informed about your case, is avoiding your calls or emails, or is not providing satisfactory explanations for their actions, it could be a sign that something is wrong.
  3. Review Your Case: Educate yourself about the details of your case and the legal proceedings involved. This will help you identify any discrepancies or actions that seem to go against your interests.
  4. Get a Second Opinion: If you have doubts about your lawyer’s advice or actions, consider seeking a second opinion from another attorney. Another lawyer may provide a fresh perspective and help you understand whether your current lawyer is acting ethically.
  5. Check for Conflicts of Interest: Lawyers have a duty to avoid conflicts of interest that could compromise their representation of you. If you suspect your lawyer has a conflict of interest that is affecting their representation, discuss your concerns with them and ask for an explanation.
  6. Monitor Billing and Fees: Keep track of the fees and expenses associated with your case. If you notice unexplained or excessive charges, it could be a sign that your lawyer is taking advantage of you.
  7. Research and Feedback: Look for any negative feedback or complaints about your lawyer online. This could provide insights into their reputation and behavior.
  8. Consult Legal Ethics Guidelines: Each jurisdiction has its own set of ethical rules and guidelines that lawyers are required to follow. Research the ethical rules that apply in your area to see if your lawyer’s actions raise any concerns.
  9. Report Misconduct: If you believe your lawyer is engaging in unethical or inappropriate behavior, you can consider filing a complaint with the appropriate legal authorities or bar association in your jurisdiction. They can investigate your concerns and take appropriate action if necessary.
  10. Consult a Different Attorney: If your suspicions persist and you believe your current lawyer is indeed selling you out, consider seeking legal advice from a different attorney. They can guide you on how to address the situation and protect your interests.

Remember, it’s important to maintain a balanced perspective and gather as much information as possible before making any accusations. Not every misunderstanding or disagreement indicates that your lawyer is selling you out, but it’s essential to take your concerns seriously and take appropriate steps to address them.

Symptoms that may Indicate Your Attorney is Selling You out

Your Attorney Regularly Misses Deadlines and Meetings 

For a variety of reasons, attorneys keep appointments and adhere to deadlines. To make sure your case has the best possibility of succeeding in your favor, for example. Additionally, lawyers do this to demonstrate their professionalism and ethical behavior, as well as the seriousness with which they approach each case. According to the statute of limitations, a claim’s supporting documentation must be handled and provided to the court. 

According to the American Bar Association, a lawyer’s failure to submit the documentation required to advance the case results in 8.6% of legal malpractice cases. Legal malpractice may have occurred in this situation if the attorney’s inability to prioritize the case made it worse. It’s crucial to find a lawyer who can handle your case professionally while also respecting your time and work if you want a well-organized, trouble-free case.

Your attorney seems disinterested in your case.

You should anticipate having a professional connection with your attorney if you engage them and they consent to represent you in court. This connection enables the attorney and client to work together, discover morally superior common ground, and advance toward a shared objective. Both parties in a relationship should hold the other one responsible for fulfilling the conditions necessary for a lawsuit to be successful. However, a lawyer who treats their client with respect will stand out to everyone concerned.

Recognizing that the primary reason clients come to them for legal assistance, be careful to choose a lawyer who demonstrates interest in the case overall as well as respect for your time. If a lawyer doesn’t respond to you in a timely manner, as a possible client in need of assistance, look for someone who will make you feel as though they are constantly putting you first. 

An indifferent lawyer frequently hurries clients, is unable to provide appropriate decision-making processes, and requires more openness regarding the client’s legal knowledge. The customer feels uneasy as a result of this failure since they are unaware of how the case will turn out. Avoid hiring a lawyer who is primarily interested in the case’s financial outcome. Your attorney ought to respect any worries you have about your case.

Your attorney is pressuring you to quickly decide to resolve your case.

If you feel that your attorney is pressuring you to resolve the dispute quickly, it’s time to reconsider your course of action before making a choice based more on expediency than morality or reason. A lawyer is available to help clients understand the matter while also guiding them through it. It is important for prospective clients to choose a lawyer who seeks to help them make judgments based on their comprehension of the case while knowing what’s best for them as many people seeking legal assistance are unfamiliar with the legal procedures. 

The lawyer has demonstrated that they do not have your best interests in mind if you are being pressured to make significant decisions immediately or if you are unable to comprehend what is happening in the case. Find a reliable person who will go above and above to calm your anxiety by explaining the fundamentals of that particular court case rather than just offering advice on what to do next. Keep in mind that your relationship with your lawyer is reciprocal. You can decide on these things jointly. 

Not only does the lawyer not return your calls, but neither do they.

It is in your best interest to send a certified letter to your lawyer’s office criticizing the failure to communicate correctly and informing them you are considering finding a new lawyer if things don’t change if your lawyer is unable to return your calls or ignores your calls in general. In order to achieve maximum compensation, good communication between the client and the attorney must continue throughout the process. 

Clients can examine Rule 1.4 of the Model Rules of Professional Conduct of the American Bar Association, which describes how a lawyer should maintain communication. Even if it differs from case to case, having a general idea of what to anticipate from your attorney will help you be more prepared for the case if there are any communication problems. 

Lack of Honesty and Transparency in Payments and Billing

To establish a strong client-attorney relationship, one of the top challenges and worries for persons wanting to hire counsel is having to deal with a lack of transparency surrounding invoicing and payments. It is typical for customers to require to be informed of how and how much a lawyer will charge them. There are ways to reduce uncertainty before it arises, even though you cannot always assume that a client will have the information necessary to understand how lawyers use their time and calculate a cost. 

When selecting a lawyer, being up front about your payment and billing problems will help them gauge your level of comprehension and your expectations. There are ways to submit a complaint if you believe your lawyer has misled or lied to you about payments if the transparency issue is out of the client’s control. 

Lack of confidence in front of the judge and in the courtroom

Clients may find themselves in an awkward situation if they observe their lawyer displaying a lack of confidence when he or she is representing them in court. Most people would imagine they wouldn’t have to confront their attorney about their lack of confidence in the courtroom. Although clients can discuss these issues in a mature and acceptable manner, they do not want or desire the additional unease of having to face their lawyer’s prestige. 

Before selecting a lawyer to represent you, it is crucial to conduct extensive research on their background and philosophy because confidence and reputation go hand in hand. This study assures a smooth process and helps prevent any awkward encounters in the future. 

Ignores your questions and refuses to respond to them 

Customers need to recognize that asking rapid questions won’t always result in quick responses. While a lawyer’s role is to assist clients with their legal inquiries, it is also their responsibility to fully comprehend the issues the client is posing in order to provide comprehensive responses. A smart, systematic attorney will be aware of the proper window of time for responding to clients’ inquiries. 

There is a way if you discover that your attorney consistently sidesteps your questions and it seriously jeopardizes the case. In the event that your demands are appropriate, you can submit a certified letter to the lawyer’s office criticizing their inability to communicate effectively and informing them that it is in your best interest to look for a lawyer who can meet your needs.

Posted by Aaron Herbert at 7:13 am

Texas Bus Accident Lawyers

Thursday, July 28, 2022
Every year in Texas, thousands of people are killed or seriously injured in Texas bus accidents. Tragically, many of these accidents are the result of negligent, reckless Charter bus and Tour bus drivers and their employers. Whether you are a passenger on a Charter bus, Tour bus or in a motor vehicle or pedestrian, you entrust the bus driver and bus company with your loved ones’ safety and well being. An accident caused by a bus company is among the last thing you would expect. Yet, when a bus accident happens, the consequences can be significant, both emotionally and financially. Our legal system has in place a mechanism to ensure that the costs of bus crashes are borne by those at fault. Experienced Texas bus accident lawyers can help you determine if you have a valid claim for your injuries, and, if so, how to maximize the recovery from all negligent parties.

Bus Accident Statistics

Buses are often thought of as a safe alternative to flying for large groups traveling across the country, in the state of Texas, or even just across town.  But the number of deadly Texas bus accidents in the news are proof that travel by bus is not always guaranteed to be safe. In each of the years from 1990 to 2001, there were between 50,000 and 63,000 bus crashes in the United States. Between 1991 and 2004  somewhere between 15,000 and 21,000. In 2015, 4,311 buses were involved in fatal crashes. The National Highway Traffic Safety Administration estimates that between 2000 and 2007, 1,093 fatal bus accidents have occurred, resulting in 1,315 fatalities and 3,471 injuries. This translates to about 137 bus-crash related fatalities a year. The number of people injured because of careless bus drivers and bus companies is much higher.

Cases of Tour Bus and Charter Bus Accidents

 There are many reasons why a bus may get into an accident. Some of the most common reasons include:
  • Negligence on the part of the bus driver
  • Negligence on the part of the driver of another vehicle
  • Speeding
  • Alcohol or drug Use
  • Sleep deprivation
  • Mechanical problems
  • Improper maintenance
  • Distracted driving such as cell phone use
  • Inadequate training
  • Inadequate supervision

 Common Tour Bus and Charter Bus Accident Injuries

 Some of the most common injuries individuals sustain when involved in a bus accident include:
  • Whiplash and spinal cord injuries
  • Fractures
  • Sprains to the muscles
  • Brain injuries
  • Trauma to the head
  • Paralysis
  • Crushing injuries
  • Damage to nerves
  • Internal injuries
  • Cuts, bruises and burns

 What Damages Can I Recover After a Charter or Tour Bus Accident?

One of the most common questions asked of a Chart bus or Tour Bus accident attorney after a bus accident is in regard to what damages can be recovered. If you or a family member has been injured in a Charter Bus or Tour bus accident, you may have a claim against the driver of the bus, bus company and other third parties for:
  • Medical expenses
  • Lost wages
  • Impairment of earning capacity
  • Life care expenses
  • Vocational rehabilitation
  • Pain and suffering
  • Loss of consortium (the services of an injured spouse)
  • Punitive Damages
  • Wrongful death Damages

Who May Be Responsible for Your Injuries?

Because of the many ways a bus crash can happen, the question of who is responsible for injuries and other damages depends upon the circumstances of the accident. Early in the case it is important for your lawyer to identify certain parties, such as the owner of the bus, the company that operates it, and the company responsible for making repairs and maintaining the bus in a safe mechanical condition. Finding an attorney who will locate all potential responsible parties is crucial. Some of those your lawyer may identify as parties responsible for your injuries include: The Bus Company – A bus accident may occur because the bus company sends a defective bus out on the road with faulty brakes, a shaky steering column or overused tires. The company’s actions in hiring unqualified drivers, maintenance people and other personnel, or in negligently training or supervising them may also contribute to the cause of an accident. In addition, the company may be found at fault for a bus crash and passenger injuries caused by its failure to make or enforce adequate safety procedures. Bus Maintenance Companies – If the bus company contracts an independent company to maintain the vehicles in a safe mechanical condition, that company may be sued independently for negligent maintenance that causes a crash or accident. Affiliated Cruise Lines and Tour Operators – Owners and drivers of these buses can be held liable for driver negligence in an accident. When a bus trip is part of a package offered by a tour service, the service itself may be liable for damages to passengers when a crash occurs in an affiliated tour bus. Bus Driver – Accidents are often caused by the driver’s negligent operation of the bus. Drivers may violate traffic controls, fall asleep at the wheel or have their attention diverted by non-driving-related distractions. Bus drivers involved in a crash can be held personally responsible for the injuries sustained by the passengers. As a practical matter, however, the companies employing the bus driver, and their insurance companies, will typically be held financially responsible for bus crashes and resulting injuries. Drivers of Other Vehicles and their employers – Owners and drivers of other cars, trucks and other vehicles may be held responsible for injuries caused by negligent or reckless driving. A driver’s employer may also be held liable for an accident if the driver was operating the bus while performing work duties. Manufacturers of the Bus and/or its Parts – A bus manufacturer that sends a defective vehicle from the factory to the marketplace subjects passengers to unreasonable danger and potential harm. As a result, the bus manufacturer can be held responsible for damages when a crash occurs. Likewise, the manufacturers and retailers of defective bus parts that may have caused the bus accident could be liable for the injuries to the passengers.

What Qualifies as a Bus for Purposes of a Bus Accident?

The Federal Motor Vehicle Safety Standards define a bus as any motorized vehicle capable of carrying more than 10 passengers. The category includes school buses, large vans used for public transport, church buses, municipal transit buses, many airport shuttles, tour buses, trolleys, and interstate carriers, such as Greyhound buses. Most of these are considered “common carriers” under the law, and are therefore subject to state and federal licensing requirements and other regulations, but it is state law that will determine if bus companies and others are liable for compensating a passenger for injuries sustained in a crash. There are many Charter and Tour bus companies operating in Texas and just some of the few that have been involved in collisions include:
  • Greyhound Bus Company
  • Gogo Charter Bus
  • Charter Bus Company
  • Echo Transportation
  • Cowtown Charters
  • Tornado Bus Company
  • First Class Tours
  • Star Shuttle & Charter
  • OK Tours
  • San Antonio Charter Bus Company
  • Roadrunner Charters
  • Coach USA
  • Concord Coach Lines
  • First Transit
  • Megabus
  • Thruway Motorcoash
  • Trailways Transportation System
  • Capital Metro
  • Loan Star Coaches
  • Prompt Bus Charters & Tours
  • Central Texas Party Bus
  • El Expreso Bus Company
  • Clark Travel
  • Kerrville Bus Company
  • Continental Bus Lines & Charters
  • Houston Charter Bus Company

Selecting Texas Bus Accident Lawyers

It is important that the lawyer you hire is experienced and capable of navigating the state and federal laws and regulations governing all types of bus service providers, and that your attorney can determine if violation of those laws caused your accident or made your injuries or other damages worse. It is very important for a lawyer handling these cases to ensure that all potential sources of compensation are pursued, whether fault lies with the bus’s manufacturer, the bus company that hired an unqualified mechanic, or the driver of the tractor-trailer that rear-ended the bus. It is also important for Texas bus accident lawyers to retain investigators and well-respected experts to investigate the causes of your crash. If it appears that your accident may have been caused by a dangerous road condition, your attorney will need to hire expert civil and traffic engineers to pinpoint those road deficiencies. Competent and reliable lawyers will invest the necessary resources and efforts to ensure that your case is resolved for its maximum value. Such attorneys will hire the necessary investigators and experts, visit the location of the bus crash, take images of the scene, conduct tests where necessary, find and interview witnesses and investigate prior complaints or claims that have been made against the responsible parties. Aaron A. Herbert has extensive experience handling personal injury claims involving buses and recovering substantial settlements and verdicts for his clients injured in bus accidents. You will incur no attorney fees, court cost, or legal expenses unless you recover. Time to file is limited by Texas law, so call today to protect your right to the compensation you deserve. Call 24/7 (210) 435-7968 or toll free to (855) 655-HURT.
Posted by Aaron Herbert at 12:43 pm

How Much Is My San Antonio Personal Injury Claim Worth?

Monday, June 6, 2022
You may not have to pay for your medical bills and other losses out of pocket if you did not cause your accident or injury. In San Antonio, you have the right to pursue financial compensation from the person who did cause your accident using a personal injury claim. One of the most frequently asked questions in personal injury law is, “How much is my claim worth in San Antonio?” The only way to get an accurate answer to this question is by asking an attorney. However, you can get an idea of the value of your claim by understanding how the Texas courts calculate damage awards.

What Damages Are Available?

How Much Is My San Antonio Personal Injury Claim Worth? 1
Antonio Car Accident Lawyers
The word damages in personal injury law refers to the financial compensation available for an injured victim’s losses. The point of a personal injury lawsuit is to make the victim whole again through financial compensation. When discussing damages with your lawyer, you will be referring to the money you may be able to receive from the at-fault party (defendant) through an insurance claim or personal injury lawsuit. In Texas, you could recover compensation for several types of economic and noneconomic losses.
  • Medical expenses
  • Disability-related costs
  • Lost wages
  • Property damage
  • Pain and suffering
  • Legal fees
  • Travel costs
  • Out-of-pocket expenses
  • Punitive damages
These are some examples of damages that could be available to you as an injured accident victim in San Antonio. This does not, however, mean that you will be eligible for all of these categories of losses; you will only receive compensation for the actual losses you suffered in the accident. It will be up to you to prove the losses you experienced due to a defendant’s negligence. You or your lawyer will need to show an insurance company, judge or jury that you suffered these losses using evidence such as medical bills, receipts, pay stubs and medical expert testimony. Without evidence of your losses, you may not receive fair financial compensation.

How Do the Courts Calculate Damage Awards?

Once you have a comprehensive list of the losses for which you are seeking compensation, you can gain an idea of how much your claim might be worth by calculating an award using the same techniques that will be used by the courts. A lawyer can help you with your calculation to make sure you ask for enough money in your insurance demand letter.
  • Economic damages. The courts calculate economic damages by adding up the actual expenses related to your accident, such as health care costs and lost wages. They will also take into account any future economic damages connected to a long-term injury.
  • Noneconomic damages. The value of noneconomic damages is entirely up to a jury. However, the jury may use a common calculation method, such as multiplying the total amount of economic damages by a number that represents the severity of your injuries.
It is impossible to accurately predict how much you will receive for a claim in Texas, as a lot of it is up to a jury’s discretion. Every client is unique, and awards are given on a case-by-case basis. The best way to obtain an accurate estimate is by asking an attorney for an estimate.

What Factors Can Affect Your Settlement?

An attorney in San Antonio can help you understand the potential value of your personal injury claim by analyzing common factors that affect payouts, such as:
  • Injury severity and extent
  • The length of time it will take you to recover
  • Whether your injury interferes with your ability to work
  • Your income before the accident
  • Your age and overall health
  • Physical pain and emotional distress
  • Liability for your injuries
  • The amount of insurance coverage available
  • Your comparative fault for the accident
With these facts in mind, your lawyer can give you a case estimate that comes close to the amount you actually receive, if any. An attorney will have the legal experience necessary to make this analysis. Consult with an attorney today for more information.
Posted by Aaron Herbert at 12:24 pm

What Can a Personal Injury Lawyer Do That You Can’t?

Monday, May 9, 2022
It is not a requirement to retain a personal injury attorney in Texas to represent you in Texas. You’re welcome to represent yourself during insurance settlement negotiations and even in a trial, but there’s a reason the overwhelming majority of plaintiffs opt for professional help. There are many things lawyers can do that the typical person can’t – including, in most cases, getting the most compensation for your claim. If you’re on the fence about retaining a lawyer for your case, find out what you’d be missing should you self-represent.

Negotiate a Fair Insurance Settlement

Marissa Maggio - Associate Attorney in TexasOne of the most daunting aspects of any personal injury claim is your first discussion with an insurance claims adjuster. The claims adjuster is the person in charge of analyzing your insurance claim and deciding how much to offer in a settlement. The adjuster is not on your team and will typically offer much less than your case could be worth. The best way to have an advantage over the adjuster, and to secure a fair and just settlement, is through an attorney. An attorney protects your best interests. He or she will take over settlement negotiations and often spare you the time and money it would take to go to trial. In the majority of claims, a lawyer can achieve an out-of-court settlement that gives you the money your injuries demand. A lawyer can deal with the other party, its insurance company, and its lawyers, so you can focus on yourself instead of complex legal processes. The settlement process is much simpler and more rewarding with professional representation.

Bring Elements of Proof

There is much more to a lawsuit than just proving you were hurt. Most personal injury cases require the plaintiff to show four main elements: duty of care, breach of duty of care, causation, and damages. It can be difficult to show these four elements depending on the circumstances of the case. You will need to provide evidence such as medical records, official documents, police reports, expert testimony, eyewitness statements, and more for a successful claim. There are rules you must obey during the evidence gathering and discovery phases – all of which a lawyer can help you navigate.

Preserve Important Evidence

Speaking of evidence, another reason to hire a lawyer is the preservation of vital information relating to your case. Certain pieces of critical evidence, such as the data from a large truck’s black box after a crash or another driver’s cell phone records, can get destroyed, erased, or tampered with after an accident. Fast action to preserve this evidence can be imperative to the claim. A lawyer can submit an evidence preservation letter or file a temporary restraining order to prevent the destruction of evidence – safeguarding information that could make your case.

File Within the Deadlines

The world of civil law abides by many important deadlines. Missing a deadline, or a statute of limitations can mean losing the right to ever pursue compensation for your accident. Deadlines change according to the type of claim you’re filing, as well as on a state-by-state basis. In Texas, you have two years from the date of injury to file your lawsuit. The timeline for claims against the government is much shorter, often only giving you 60 to 90 days to file an initial notice. A lawyer knows all of the deadlines specific to your case and can make sure the right documents are in front of the right people at the right time.
Posted by Aaron Herbert at 9:24 am

Understanding Fault in High Risk Activity Accidents

Saturday, February 19, 2022
What happens if you get injured while rafting, paragliding, BASE jumping, or another extreme sport? Many of these activities require liability waivers, but a waiver does not necessarily preclude an injured individual from taking legal action against the organizer. In 2012, a man in Fort Worth drowned during a mud run. In 2013, a Pennsylvania hospital’s emergency services took in 38 patients during a Tough Mudder (extreme obstacle course) event. Of course, there are many of these kinds of incidents, and they can quickly become tragic. Extreme sports and obstacle courses are exhilarating, in part, because of the risk-factor. Liability waivers are designed to protect organizations from lawsuits arising from certain injuries or death. However, many waivers are not enforceable, even when a participant signs the document.

What Affects the Protectiveness of a Waiver?

Every state has different laws regarding contracts including waivers. Some states may not accept the terms or the structure of a waiver under state law. Assuming state laws do support the enforceability of a waiver, the waiver may still not protect the organization from a lawsuit. A waiver only protects an organization within the limited scope outlined in the document. In other words, an organization may be liable for an injury that goes above and beyond the terms of the waiver. For instance, if you were injured because an organization knowingly changed the hazardous nature of an activity or failed to take reasonable safety precautions (extreme negligence), you may still be able to hold the organization accountable. A good rule of thumb is to look at the nature of the activity and see if the factor that caused harm could have been reasonably eliminated without changing the nature of the activity. If it could have been removed or altered, then the waiver may not protect the organization from a lawsuit.

The Complexity of Waiver Enforceability in Texas

Enforceability of waivers is a complicated matter in Texas. There are no written laws that explicitly define what a liability waiver must contain to remain enforceable. Instead, courts rely on a patchwork arrangement of court opinions and interpretations to determine enforceability on a case-by-case basis. If you have an attorney who understands the framework for enforceability in Texas, he or she can review the waiver and develop a case that either contests enforceability or goes beyond the scope of the waiver. For instance, if a parent signs a waiver for a child to go whitewater rafting, the parent may give up the ability to file a claim, but a child may recover some damages.

Always Talk to an Attorney After an Extreme Activity Injury

After a high risk activity accident, secure a copy of your signed liability waiver. Keep any recordings that capture the time of the incident, and tell your medical provider about your injury. If you were using equipment that malfunctioned, take pictures of the equipment. Some individuals assume a waiver will keep them from recovering damages after an injury. As a result, they never pursue a legal consultation to determine if they have grounds for a lawsuit. At the Law Offices of Aaron A. Herbert PC, our initial consultations are always free, and we can help you determine if a lawsuit is the right course of action. Knowing your rights can help you take action after an accident. You probably don’t need to have your attorney review every waiver before you, but don’t be afraid to reach out to an attorney if you have any questions. You may have options to secure financial compensation that will cover the cost of your injury and rehabilitation. For more information, contact the Law Offices of Aaron A. Herbert PC in San Antonio.
Posted by Aaron Herbert at 11:42 pm

What Is the Texas Dram Shop Law?

Sunday, September 12, 2021
When one person injures another, the injured party may seek compensation for his or her injuries and associated expenses by filing a personal injury lawsuit against the person who injured him or her. In some situations, a third-party may share some of the blame. This third-party may not have directly contributed to the injury-causing incident, but his or her involvement enabled the defendant (the person being sued) to commit the action. One of the most prevalent examples of this situation would be a bar or other establishment that serves alcohol to an obviously intoxicated patron. In Texas, the laws meant to prevent such incidents are known as dram shop laws.

How Do Dram Shop Claims Work?

Any establishment or “social host” that provides alcohol to guests may be held responsible for any injuries that those guests cause to others after they leave the premises. Additionally, liquor stores and other alcohol vendors can be held responsible for damages in some cases, including any instance of alcohol being sold or given to anyone under the age of 18 or any instance of providing alcohol to an obviously intoxicated person. A “social host” describes any individual who knowingly supplies alcohol to individuals under the age of 18. This does not apply to parents – a parent cannot be held accountable as a social host if his or her child injures another person due to intoxication. Under Texas laws, social hosts include any adult who is not a parent, legal guardian, or spouse of the minor under 18. Social host laws also apply to individuals who knowingly serve alcohol to minors under 18 or permit alcohol consumption by minors under 18 on his or her property.

Damages

As with any other personal injury case, a personal injury lawsuit involving dram shop laws can provide the injured party with various forms of compensation, including:
  • Medical expenses. Compensation for medical costs can include emergency response services and care, hospital bills, the costs of any necessary subsequent treatments (such as physical therapy or reconstructive surgeries), prescription costs, and any other medical expenses resulting from the incident.
  • Pain and suffering. The plaintiff’s attorney will consult with medical professionals who will act as expert witnesses. Expert witnesses have no personal involvement in a case, but instead, provide their expertise to the court to help a jury determine how an injury affected the plaintiff. Although it sounds difficult to quantify physical pain and emotional trauma with a dollar figure, expert witness testimony allows a court to determine a reasonable amount of compensation.
  • Lost income. If an injury prevents the plaintiff from returning to work for an extended period, he or she can claim lost wages as compensation. If an incident results in a permanent disability that prevents the plaintiff from resuming his or her job permanently, he or she can sue for the income that he or she would have reasonably expected to earn in the future.
  • Property damage. This includes damage to a vehicle or destroyed personal belongings.
Cases involving dram shop laws often involve extensive investigation, such as interviewing patrons and staff of the establishment who saw the intoxicated individual, security footage from the establishment, and consultations with expert witnesses. An attorney is crucial for successfully navigating any personal injury case and any case involving Texas dram shop laws – which will likely be complex. The individual directly responsible for the incident and the establishment that served alcohol to the individual can both be held accountable for the incident. For example, if you were struck by a drunk driver and injured, you can sue the driver for compensation for the damages listed above. Additionally, if that driver just left a bar that continued to serve him or her alcohol after he or she was visibly drunk, the bar can also be held accountable for contributing to the incident. If you’ve been involved in a drunk driving accident in fort worth or any other city in Texas, contact us for a free case evaluation.
Posted by Aaron Herbert at 5:27 pm

What is Mobbing?

Thursday, June 24, 2021
As residents of a populous metropolitan area, San Antonio citizens face a variety of threats and dangers in day-to-day life. Among those threats is mobbing, a form of group bullying focused on harassing or treating a victim badly with the intent to demean and inflict psychological harm. Mobbing comes in several forms and can happen in school, at work, and online.

Elements of Mobbing

To classify as mobbing, two or more people acting as “bullies” must be involved. This group works together to collectively inflict a relentless assault of psychological and/or physical terror on a helpless target through a tirade of threats, insults, and offensive remarks. Victims of mobbing are typically people who differ from the norm in a social setting, either based on their religious beliefs, race, disability, or other traits. Thus, people engaged in mobbing are often practicing discrimination. Mobbing can involve:
  • Intimidation
  • Threats of harm or embarrassment
  • Blackmailing
  • Intense peer pressure
  • Offensive conduct
  • Harassment
By-standers and victims alike have reported recent incidents of mobbing on the internet, on social media, and in chat rooms. Cyberspace mobbing is especially dangerous to vulnerable children and teenagers and can lead to depression, self-harm, eating disorders, and even suicide. Another example is mobbing in the workplace. When a group of employees wants a person to leave the company or job, either through voluntary or forced termination, it can trigger people to engage in mobbing. The workplace bullies inflict public ridicule and humiliation upon the fellow employee, creating an uncomfortable and sometimes volatile work environment for the victim. In some cases, a manager can support or participate in the mobbing, which creates a further strained working relationship for the target. Targets of workplace bullies can suffer long-term emotional scarring. Financial damage is also a risk if victims are forced to take off work or quit a job to avoid the bullying attacks. Workplace mobbing has far-reaching effects that can result in damage to the victim’s career and professional reputation through loss of business opportunities and promotions.

Dangers of Mobbing

Mobbing has the same negative consequences as ordinary bullying but can be exponentially worse, depending on the number of bullies involved in the mob. Mobbing can have various effects on the victim, but psychological and emotional damage is most common. A victim can suffer extreme fear about going to school or work, which can trigger feelings of illness or nausea. Victims may also experience nightmares and a fear of social settings. Mobbing can make a victim feel less-than, injuring self-confidence and leading to feelings of self-loathing or shame. The severe emotional trauma mobbing can inflict on a victim can last for years after the incident and often requires therapy or professional counseling to help overcome the damage. A victim can also suffer physical damages if the mob becomes physically violent.

Can I File a Claim for Mobbing?

Mobbing often involves damaging and harmful conduct, inflicting long-lasting pain on the victims. In many cases, an employer or school official can dispel a mob if a victim reports what’s happening. In some cases, however, this is not enough to remedy the victim’s damages, especially in cases of actual injury or loss. Filing a claim against the perpetrators of mobbing can help a victim obtain financial compensation for medical bills, lost wages, mental anguish, and pain and suffering. If you were or are the victim of mobbing, an attorney can help you file a legal claim against the group of bullies. You have rights in a mobbing situation, especially if the incident stems from discrimination. If you need to attend a meeting with an official to discuss the mobbing incident, an attorney can stand by your side and give you advice.
Posted by at 10:06 pm

San Antonio E-Scooter Laws

Wednesday, May 19, 2021
Electric scooters, or e-scooters, have taken over the streets of Texas. They are rentable to the public for a low amount of money from companies such as Bird and Lime. San Antonio has hundreds of dockless e-scooters available for rent every day. Unfortunately, these vehicles are not as safe as many people assume. A lack of awareness of e-scooter laws in Texas contributes to many harmful e-scooter accidents.

Definition of an E-Scooter

According to Texas Transportation Code Section 551.351, a motor-assisted scooter is a self-propelled device with at least two wheels, a gas or electric motor capable of making the device travel up to 15 miles per hour, and a braking system capable of stopping the device. It also has a deck that allows a person to sit or stand while operating the vehicle and can be propelled by human power alone. An e-scooter is not the same as an electric bicycle, moped or motorcycle in the eyes of the law in Texas. Motor-assisted scooters have their own rules and regulations.

Age Limits for Riding

In Texas, a rider must be 16 years or older to ride an e-scooter. Most e-scooter companies require riders to have valid driver’s licenses and upload photographs of these licenses before they can rent the device. However, many users get around this requirement by having someone older, such as a parent or guardian, rent the e-scooter for them. This is a dangerous practice that can increase the risk of accidents.

Helmet Requirements

Helmets are strongly encouraged while riding e-scooters in San Antonio, but they are not a legal requirement. This is similar to Texas’ bicycle helmet stance, which is that all riders, regardless of age, may operate bicycles without wearing helmets. The only exception is if a city or municipality has a law requiring bike helmets. San Antonio does not have such a law for operating dockless e-scooters. The city strongly encourages helmets, however, as they can drastically reduce the risk of serious and fatal head injuries.

Riding Rules in San Antonio

The e-scooter laws that are broken the most often, and that lead to the most traffic accidents, are riding rules. Riding rules give e-scooter operators guidelines they must follow for safe and prudent vehicle operation. They dictate what a rider can and cannot do while interacting with other roadway users, such as motorists and pedestrians. Some of the most important state and citywide e-scooter laws in San Antonio are:
  • Riders must obey all state and city roadway rules.
  • E-scooters must ride in the street or bicycle lanes.
  • Riding a scooter in the street is only legal on streets with speed limits of 35 mph or less.
  • No e-scooters on sidewalks.
  • No e-scooters in Alamo Plaza, the Riverwalk, La Villita, Main Plaza, Market Square, or city parks and trails in San Antonio.
  • Only one person per e-scooter.
  • Riders must grant pedestrians the right-of-way.
  • Riders cannot use cell phones while operating e-scooters.
  • Riders should not park e-scooters in the middle of sidewalks, in bicycle lanes, in the street or in the way of pedestrians.
Following these rules can reduce the risk of e-scooter accidents. Riders should also use tactics such as wearing brightly colored clothing for maximum visibility, riding in the same direction as traffic, maintaining a safe speed for conditions, using hand signals to turn and never riding on highways. Paying attention to the road and riding prudently can also decrease the odds of an accident.

Injured in an E-Scooter Accident? Get Help

If you get injured in an e-scooter accident, you may be eligible for financial compensation from the other party’s insurance provider. One or more parties may be financially responsible for your medical bills and other losses. Protect your legal rights by contacting an auto accident attorney as soon as possible. An attorney can help you understand and exercise your rights during insurance claim negotiations or an injury trial. An attorney can also use proven legal strategies to fight for maximum financial recovery on your behalf.
Posted by mockingbird at 1:09 pm

10 Mistakes That Can Affect Your Personal Injury Claim

Friday, April 23, 2021
If you suffer a serious injury in San Antonio, you may be overwhelmed by medical bills, physical pain and emotional suffering. It is important, however, to learn as much as you can about the legal process if you wish to obtain fair financial compensation. Otherwise, you could make a common mistake that negatively impacts your claim.

Admitting Fault

It may be in your nature to immediately apologize for an accident while at the scene, such as apologizing to the other driver after a car accident. Saying you are sorry, however, can be construed as an admittance of guilt. Be polite, but do not apologize and do not admit fault for an accident. Doing so could automatically place liability – financial responsibility – with you, even before an investigation is finished.

Not Reporting Your Accident

Do not keep your accident or injuries to yourself. It is important to report the accident to an authority figure immediately so that it is documented on the official record. The authority you should contact will depend on the nature of the accident. After a car crash in San Antonio, for example, you should call the police. After a slip and fall accident, tell a store manager.

Forgetting to Collect Evidence

Although you may have a lot on your mind after suffering an injury, do your best to collect evidence before you leave the scene. Some evidence may not be available if you wait. If you were injured by a property defect, for example, the property owner may repair the hazard before you can return to take photographs. Collect evidence as soon as possible, even if this means asking for help from a friend, family member or personal injury attorney.

Delaying Medical Care

Always go to a doctor or hospital right away after any type of injury. Delaying medical care can allow an insurance company to argue that your injuries were not serious or did not happen the way you say they did. Delaying medical care or ignoring your doctor’s treatment recommendations could also have negative consequences on your health.

Posting on Social Media

Avoid posting anything on social media following an accident. An insurance company can use your social media activity as evidence against you, regardless of your privacy settings. Any photographs, location check-ins, status updates or comments made on other people’s pages could be twisted around and used against you later.

Waiting Too Long to Tell an Insurance Company

Most insurance companies have rules that require injured parties to file claims as soon as possible – typically within 72 hours of the accident. Do not wait too long to file an initial claim, as this could potentially bar you from financial recovery from the insurer.

Believing the Insurance Company Is on Your Side

When communicating with an agent or claims adjuster from an insurance company, do not make the mistake of thinking he or she is on your side. The insurance company will want to save as much money as possible by devaluing your claim. Do not agree to give the insurance company a recorded statement and do not sign anything until speaking to an attorney.

Settling Too Soon

It is normal to want to resolve your case as quickly as possible. Settling too early, however, could mean accepting less than you deserve for your serious injuries. Wait until you reach the point of maximum medical improvement to accept a settlement. Discuss the value of your claim with an attorney before settling, as well.

Missing Your Statute of Limitations

In Texas, a law called a statute of limitations places a deadline on your ability to file a personal injury lawsuit. If you miss this deadline, the courts will typically refuse to hear your case, meaning you cannot recover money damages. The statute of limitations in Texas is two years for most cases.

Failing to Seek Help From a Personal Injury Attorney

Do not attempt to handle a personal injury claim alone – especially if you suffered catastrophic or permanent injuries. Work with a personal injury attorney in San Antonio for professional legal assistance with your case. A lawyer can help you with all the stages of a lawsuit for the best possible outcome.
Posted by at 11:41 am

What Is a Personal Injury Liability Waiver?

Wednesday, April 21, 2021
If you get injured due to someone else’s carelessness or recklessness, that party may be financially responsible for your injuries and related medical bills. If you signed a personal injury liability waiver, however, you may have given up your right to hold someone legally accountable. Learn more about liability waivers – including when they are unenforceable – to find out if you have a claim.

How Do Liability Waivers Work?

A personal injury liability waiver is something you may have to sign before participating in an event or activity that poses foreseeable injury risks. These waivers are designed to protect the creator from liability (legal responsibility) if a participant gets injured – even if the entity was negligent and this is what caused the injuries. Common activities in Texas that require participants to sign personal injury liability waivers include:
  • Amusement parks
  • Bungee jumping
  • Concerts
  • Cruises
  • Daycare centers
  • Equipment rentals
  • Gyms
  • Skiing and snowboarding
  • Skydiving
  • Spas
  • Sporting events
  • Tours
  • Trampoline parks
  • Vehicle rentals
In some scenarios, you may be given a written liability waiver that you must fill out and sign before you can participate in an activity. Otherwise, accepting the terms of a liability waiver may be implied when you purchase a ticket. When you buy a cruise ticket, for example, the liability terms you are automatically agreeing to are in fine print on the back. Either way, once you agree to a liability waiver, you may forfeit your right to hold the entity legally responsible for your injuries.

Can You Still File a Lawsuit With a Personal Injury Liability Waiver?

Liability waivers are not infallible. In certain circumstances, it is possible to work around a liability waiver and hold a party accountable for negligence. However, the fact that you signed a personal injury liability waiver will make a lawsuit more difficult. In Texas, a defendant’s attorney may use the assumption of risk defense against you to combat liability for your injuries. This defense states that since you assumed the known risks of an activity, the defendant is not liable for any injuries suffered. You or your personal injury lawyer will have to prove that you are still eligible to file a lawsuit after signing a waiver based on an argument such as:
  • An invalid or unenforceable waiver. An attorney will analyze the liability waiver you signed to search for issues that could make it unenforceable. A liability waiver must contain clear and unambiguous language, for example, and cannot go against public policy.
  • Failure to warn of known risks. If a liability waiver (or the defendant) fails to clearly list the foreseeable injury risks associated with an activity or event, you may have grounds to file a personal injury lawsuit.
  • Gross negligence. Although a liability waiver can protect a defendant from lawsuits brought on the basis of negligence, no waiver can prevent liability for gross negligence, recklessness, intent to harm or a wanton disregard for the safety of others.
Other exceptions that could make a liability waiver invalid are if your injuries are from a defective product or due to a misrepresentation of fact. A manufacturing company cannot use a waiver to avoid liability for a defective product that injures a customer. In addition, a defendant misrepresenting the activity could constitute fraud, which will invalidate a liability waiver.

What to Do If You Were Injured After Signing a Liability Waiver

If you or a loved one was injured in an accident after signing a personal injury liability waiver in San Antonio, consult with an attorney for assistance. Hiring an attorney can be crucial for protecting your rights, documenting your injury, and bringing a case against one or more defendants. Your lawyer can help you navigate the unique challenges that may arise during a personal injury case involving a liability waiver or the assumption of risk defense. For more information about personal injury liability waivers in Texas, consult with a lawyer from The Law Firm of Aaron A. Herbert, P.C.
Posted by at 11:39 am

Who’s Liable in a Ridesharing Accident in San Antonio?

Thursday, February 18, 2021
Ridesharing quickly took over the transportation industry as the most popular method of hired travel, especially among the younger generation. Currently, the top two rideshare companies, Uber and Lyft, serve over 121 million users monthly. Yet ridesharing is not always the safest method of travel. Every year, hundreds of ridesharing vehicles are involved in automobile accidents.

Common Causes of Ridesharing Accidents in San Antonio

Ridesharing works by allowing users to request and schedule drivers to pick them up on demand at a certain location. Drivers connect to users and vice versa through an app on a smartphone. This is one of the hazards related to ridesharing: drivers have to constantly look at and interact with their cell phones while behind the wheel. Like standard auto accidents, ridesharing accidents in San Antonio can occur for many reasons:
  • Distracted driving
  • Inattention
  • Texting and driving
  • Eating and drinking
  • Drunk driving
  • Speeding
  • Reckless driving
  • Running a red light
  • Making unsafe lane changes
  • Tailgating
Since Texas is a fault-based car insurance state, you or your attorney will need to determine fault before you file an insurance claim. You will file your claim with the insurance provider of the at-fault party. In a typical auto accident, this is most likely the other driver. However, fault is more difficult to determine in a ridesharing accident.

Liability for an Uber or Lyft Accident in San Antonio

In a ridesharing accident case, you may be able to hold the individual driver financially responsible for your injuries and losses. Unlike other transportation services, such as using a taxi, Uber and Lyft drivers are not employees of the ridesharing companies. Instead, they are independent contractors. Generally speaking, this protects Uber and Lyft from vicarious liability for the mistakes and negligence of their drivers, meaning you will seek benefits from the driver’s private insurance carrier instead. In certain scenarios, however, you can file your claim directly with the insurance provider of the rideshare company. This might be the case if the individual driver does not have enough insurance to fully cover your losses.

Insurance Coverage Available

Both Uber and Lyft maintain $1 million insurance policies to cover victims’ injuries when their drivers cause car accidents. The exact amount of coverage available depends on the phase of the ride:
  • Phase One. The driver is signed into the ridesharing app and searching for riders. If the driver causes a collision in this phase, the ridesharing company will provide up to $50,000 in bodily injury insurance per person, $100,000 per accident and $25,000 in property damage coverage.
  • Phase Two. The ridesharing driver has accepted a ride and is on his or her way to pick up a passenger. In this scenario, both Uber and Lyft will provide up to $1 million in liability insurance coverage.
  • Phase Three. The driver has picked up the user and the passenger is in the vehicle at the time of the accident. As in Phase Two, the company will provide up to $1 million in this scenario, as well as possible uninsured motorist coverage.
Keep in mind that your own insurance company may also offer compensation for your losses as secondary insurance to the at-fault party’s coverage. Finally, if another driver caused your crash, that driver’s auto insurance will also be available to cover your damages. As the victim of a ridesharing accident, therefore, you may have many outlets for financial recovery.

When to Contact a Ridesharing Accident Attorney in San Antonio

If you are injured in an accident involving a ridesharing vehicle, consult with a ridesharing accident attorney right away. An attorney can help you navigate your way through this complicated type of claim, holding the at-fault driver or ridesharing company financially responsible for your past and future losses. With an attorney as your legal advocate, you can rest assured the settlement you accept from Uber or Lyft is adequate for your injuries. Learn more about your accident by consulting with a lawyer today.
Posted by at 5:23 pm

What Is the Difference Between Ordinary Negligence and Gross Negligence?

Wednesday, February 17, 2021
One of the most common words you will hear during a personal injury claim in San Antonio is “negligence.” A party’s negligence in Texas allows you to seek financial damages from that person for causing you harm. There is a difference, however, between ordinary negligence and gross negligence. While both can make you eligible for compensation, one may result in the defendant having to pay more.

4 Elements of Ordinary Negligence

Ordinary negligence refers to a party’s failure to use a reasonable degree of care, resulting in injury or harm to another person. Reasonable care describes what an ordinary person would do in the same or similar circumstances. If a driver was speeding in wet weather, for example, and caused a car accident, that driver is guilty of negligence. Ordinary negligence consists of four key elements:
  1. The defendant had a responsibility to treat the plaintiff with a reasonable amount of care. In personal injury law, this responsibility is referred to as the duty of care.
  2. The defendant’s actions – or failure to act – made the defendant breach his or her duty of care to the plaintiff.
  3. The defendant’s breach of duty was the direct and/or actual cause of the plaintiff’s injury.
  4. The plaintiff suffered losses because of the defendant’s actions, such as injuries, hospital bills, property damage and lost wages.
In a case arguing ordinary negligence, a plaintiff does not have to prove the defendant was reckless or knew his or her actions could potentially cause an injury. It is enough for an ordinary negligence claim to show that the defendant breached a duty of care, even if this breach was accidental or unintentional. A claim based on gross negligence, however, is different.

What Is Gross Negligence?

Gross negligence is a more severe departure from the duty of care. Rather than a careless mistake or inattention, gross negligence is a willful or wanton disregard of the requirement to use reasonable care. Like ordinary negligence, it is not necessary to prove the defendant’s intent to harm for a gross negligence claim. However, a claim based on gross negligence must show the defendant’s conduct was willful, likely to cause foreseeable harm and done with an extreme disregard for the safety of others. An example illustrating the difference between ordinary and gross negligence is if a driver isn’t paying attention and fails to notice he or she is exceeding the speed limit by a few miles per hour, he or she is negligent. If, however, the driver knowingly drives at an excessive speed in an area with a lot of pedestrians because he or she is late, the driver is grossly negligent.

Why Is the Difference Relevant to Your Personal Injury Case?

The difference between ordinary and gross negligence is important to understand as the plaintiff in a personal injury case due to the financial compensation that may be available. Although both types of negligence can cause serious injuries, gross negligence is more likely to lead to severe or catastrophic injuries. These injuries will, in general, be worth more in damages than minor injuries:
  • Past and future medical expenses
  • Ongoing treatments, such as rehabilitation and therapy
  • Permanent disability costs
  • Home and vehicle modifications
  • Lost wages and future capacity to earn
  • Past and future pain and suffering
  • Lost quality or enjoyment of life
  • Loss of consortium
  • Wrongful death benefits
In addition to greater compensation available for a more serious injury, gross negligence could also increase the amount of your award through punitive damages.

What Are Punitive Damages?

Punitive damages are a relatively uncommon type of award. Rather than making a victim whole again after an accident, punitive damages punish a defendant for especially egregious acts. In Texas, punitive damages may be available if a defendant exhibited behaviors that were grossly negligent, reckless, wanton, willful, malicious or intentional. Punitive damages are meant to penalize a defendant and deter him or her from making the same mistake in the future. For more information about ordinary vs. gross negligence and how it may apply to your case, consult with a personal injury attorney in San Antonio.
Posted by at 5:22 pm

What’s the Difference Between Recklessness and Negligence?

Tuesday, February 16, 2021
If someone gets injured in an accident in Texas, that person may have the right to file a lawsuit for financial compensation through the civil justice system. The right to hold someone else accountable for the injury may exist if that person was negligent, reckless or malicious in causing the injury in question. If you’ve been injured in an accident in San Antonio, learn the difference between recklessness and negligence to better understand the grounds for your claim.

What Is Negligence?

Negligence is the basis for most personal injury claims in Texas. In personal injury law, negligence is when someone unintentionally or carelessly causes someone else injury or harm. Cases involving auto accidents, dangerous premises, workplace accidents and most other accidents are generally founded on the legal theory of negligence. Proving a defendant’s negligence during an injury case requires evidence that the following four elements are more likely than not to be true:
  1. The defendant owed the plaintiff a duty of care. This is a legal obligation to act in a reasonable manner to avoid injury to others.
  2. The defendant breached a duty of care. The defendant committed an act or omission that went against his or her duty of care.
  3. The defendant’s breach of duty was the proximate or actual cause of the plaintiff’s injury. The injury would not have occurred but for the defendant’s mistake.
  4. The plaintiff suffered compensable losses. The accident gave the plaintiff real, specific damages, such as medical bills or property damage.
In a case based on negligence, it does not matter whether or not the defendant realized he or she was breaching a duty of care. If the defendant acted in a way that a reasonable and prudent person would not have in the same circumstances, the defendant is liable for the plaintiff’s injury. To base a case on recklessness, however, the defendant must have acted or behaved in a manner that would foreseeably cause injury.

What Is Recklessness?

Recklessness is a more serious type of tort than negligence. Under Texas law, it describes a situation in which a person knows the risks that will foreseeably arise from his or her actions but commits the act or omission anyway, regardless of the consequences to others. In other words, the reckless party had a wanton disregard for the safety of others. A reckless person has substantially departed from what a reasonable, law-abiding person would do in the same situation. For example, if a driver had 10 alcoholic beverages and then got behind the wheel, this driver has exhibited a reckless disregard for how his or her actions might injure others.

How Does the Difference Impact Your Personal Injury Case?

Negligence is an unknowing departure from the duty of care, while recklessness is a knowing, willful or wanton disregard for the safety of others. The difference between these two types of torts can be important to distinguish during your personal injury case in Texas. Although both are acceptable grounds for a personal injury lawsuit, recklessness could result in punitive damages. Punitive damages, unlike compensatory damages, are not meant to make up for a victim’s financial losses. Instead, they are awarded to punish a defendant and deter others from making the same mistake. Punitive damages are not awarded in every personal injury case. Instead, a judge reserves them for cases in which a defendant was grossly negligent, reckless or malicious in causing the victim’s harm. If you have a case based on recklessness, you may be eligible for punitive damages.

Consult With an Experienced Car Accident Attorney for Help

If you or a family member has suffered injuries in an accident caused by someone else’s negligence or recklessness, consult with a personal injury lawyer in San Antonio right away. An attorney can help you identify the grounds for your case, collect evidence against the defendant and pursue the financial compensation you deserve.
Posted by at 5:18 pm

How to File a Personal Injury Lawsuit in San Antonio

Monday, February 15, 2021
If you get injured in an accident, such as a motor vehicle collision or a slip and fall, you may be eligible for financial benefits from one or more parties. The person or entity at fault for causing your accident may be financially responsible for your related damages, including medical bills and property repairs. Learn how to file a personal injury lawsuit in San Antonio, as well as when to hire an attorney for assistance.

When to Contact a Personal Injury Lawyer in San Antonio

Before you begin the legal process, you may wish to consult with a personal injury attorney in San Antonio. A personal injury lawyer will have the information and resources to help you fully protect your legal rights as a plaintiff. You may need to hire a lawyer to represent you during a claim, especially if you have severe or catastrophic personal injuries. With a life-changing injury, it is more likely that an insurance company will try to take advantage of you and devalue your claim. An attorney can help you file your lawsuit and obtain maximum financial compensation for your losses. Many personal injury lawyers offer free consultations, so you can discuss your case with a lawyer without any financial risk.

Understand the Statute of Limitations

Next, learn your deadline to file a personal injury lawsuit in Texas (known in legalese as the statute of limitations). The statute of limitations is two years for most personal injury cases in Texas. If you wait longer than two years after your accident to bring a claim to damages, expect the courts to deny your case. It is important to act quickly in the aftermath of an accident to make sure you file within the required window, as well as while important evidence is still available.

Gather Information and Evidence

Start building your personal injury claim in San Antonio by collecting as much information, evidence and documentation about your accident and injury as possible:
  • Write down the at-fault party’s name, contact information and insurance carrier.
  • Call the hospital where you sought treatment to obtain copies of your relevant medical records.
  • If you were in an auto accident and called the police, contact the local police department for a copy of your police report.
  • Gather any photographs and videos of your accident.
  • If you have signed statements from eyewitnesses, put this in your case folder as well.
Having all the information and evidence organized in a single place can make it easier to file a lawsuit.

Find Out Where to File Your Lawsuit in San Antonio

You will file your personal injury claim with the civil courthouse in the county where your accident took place, in most cases. If this is Bexar County, you will go to the Civil District Court. If you estimate your case is worth less than $10,000, including court costs, you will file with the Bexar County Small Claims Court instead. Filing a lawsuit requires filling out the claims forms given to you by the courthouse clerk completely, in as much detail as possible. On your claims form, you will need to include the defendant’s name and contact information, a brief description of your accident and why you believe the defendant is responsible, a list of the damages for which you are seeking compensation, and the amount of money you are demanding from the defendant’s insurance company to resolve your claim. You will need to pay the filing fee when you submit the paperwork. This fee is typically $200.

Negotiate on Your Own or With Help From an Attorney

Once you file your personal injury lawsuit in San Antonio, the defendant will have a chance to respond to your petition. If the defendant does not deny or refute fault, you will most likely receive a settlement offer from the insurance company. Before accepting the offer, bring it to an attorney for review. If the offer is not adequate for your injuries and losses, an attorney can help you negotiate back and forth for a better amount. In the rare incident that your case cannot settle, your lawyer can represent you at trial in Bexar County instead. A San Antonio personal injury lawyer can help you obtain the results you deserve.
Posted by at 5:10 pm

Texas Good Samaritan Law

Thursday, February 11, 2021
The first people at the scene of an accident – often those who witnessed the accident – are in a unique position to help victims. They can check for injuries, call an ambulance and keep victims calm while they wait for help. Like many states, Texas has a law in place protecting those who render aid at the scene of emergencies. It is called the Good Samaritan Law.

What Is the Good Samaritan Law?

Texas’s Good Samaritan Law (Texas Civil Practice and Remedies Code Section 74.151) protects people who offer aid at the scene of emergencies from liability for any unintentional damages their interventions cause. These people are referred to as Good Samaritans, as a reference to a parable in the Bible about someone helping a stranger in need. If a Good Samaritan stops at the scene of an accident and renders medical aid in good faith, that person is protected from any liability for related damages in Texas. The Good Samaritan Law is in place to encourage people who witness accidents to step forward and render assistance without fear of being sued later by a victim for accidentally making things worse. If, for example, a Good Samaritan pulls someone out of a burning vehicle and this action exacerbates a spinal cord injury, causing permanent paralysis, the Good Samaritan will not be liable for unintentionally causing the injury under Texas law.

Who Does the Good Samaritan Law Protect?

As long as a Good Samaritan renders emergency medical care in a good faith attempt to help the victim of an accident, he or she is protected from liability under the Texas Good Samaritan Act. This law states that any person who administers emergency care in good faith is not liable for any related civil damages suffered during the emergency. According to the statute, the act also protects any person who uses an automated external defibrillator to administer emergency care, as well as someone who acts as a volunteer first responder. The act does not, however, apply to anyone who intervenes at the scene of an emergency for compensation or remuneration, as well as anyone who was at the scene with the purpose of soliciting business. The Good Samaritan Law in Texas also does not protect anyone who is licensed to provide emergency medical care, such as an EMT or a doctor in an emergency room. The law holds these professionals to a higher standard of care than an average civilian with no professional medical training. The professional must be more careful to prevent any foreseeable harm to the victim in an emergency and may be liable for any damages inflicted by substandard care.

What If the Good Samaritan Is Negligent?

The Texas Good Samaritan Act also has an exception if the person rendering emergency aid is the same person whose negligent act or omission caused the original accident. In this situation, the person who caused the accident will not be protected from liability for the victim’s injuries, property damage and other losses. Finally, one of the most important exceptions to the Good Samaritan Law is if the person who renders aid is willfully or wantonly negligent. If the person does not render aid in a good faith attempt to help the victim, such as by knowingly doing something that could harm the victim, he or she could be liable for related damages. The Good Samaritan must act in a way that is not intentionally negligent or reckless to benefit from legal protection. For the most part, however, the Texas Good Samaritan Law protects the average person who renders medical aid in an emergency.

What to Do After Witnessing an Accident

If you are the first person to the scene of an accident, do not be afraid to step in and help. Try not to move an injured person unless it is necessary for his or her safety. Instead, call the police and stay with the victim to offer your support while you wait for paramedics to arrive. Then, offer your services to the victim as an eyewitness, if possible. You could save a life by rendering aid in an emergency, as well as help a victim recover through a personal injury lawsuit.
Posted by at 5:09 pm

What Is Assumption of Risk in a Personal Injury Case?

Monday, January 25, 2021
Assumption of risk is a defense that could be used against you if you bring a cause of action for a personal injury in Texas. In your attempt to hold someone responsible for causing your injury, the defendant may allege that you assumed the risks of the activity – thus protecting the defendant from liability. If this defense succeeds, you may not be awarded anything in financial compensation. This is why it is important to speak to a lawyer if you think this defense will be raised during your case.

What Does Assumption of Risk Mean in Law?

In the civil justice system, assumption of risk is an affirmative defense. A defendant can raise this defense to combat a personal injury cause of action. The assumption of risk defense asserts that the defendant is not liable for the injuries sustained because the plaintiff knowingly and voluntarily exposed him or herself to this risk. Essentially, a defendant who uses the assumption of risk defense is claiming that the plaintiff knew about the risk or hazard that caused the injury but voluntarily took the chance of getting injured anyway. Therefore, the defendant believes he or she should not be responsible for related losses. This defense is most common in cases involving dangerous activities, such as bungee jumping or cliff jumping. It can also be used in premises liability cases if a defendant had a “No Trespassing” or “Beware of Dog” sign in place. Places that offer experiences with some level of risk may also use this defense, such as gyms, amusement parks and sports arenas in San Antonio.

How Can Someone Prove Assumption of Risk?

It is the defendant’s responsibility to prove the validity of the assumption of risk defense when asserted. The defendant will have the burden to prove, through clear and convincing evidence, that two main elements are more likely to be true than not true.
  1. The plaintiff had actual knowledge of the risks involved in an activity. The defendant must show that the plaintiff knew of the risk that caused his or her injury, such as a sign warning visitors of a known risk on a property.
  2. The plaintiff voluntarily accepted the risk. The defendant must also have proof that the plaintiff voluntarily assumed or accepted the known risks of an activity. This acceptance could be implied by words or conduct or expressly noted in a liability waiver.
If the plaintiff signed a written contract expressly agreeing to the known risks of an activity, this could serve as proof of assumption of risk. Proof could also come in the form of a participant purchasing a ticket if the ticket doubled as a liability agreement. This is often the case with cruise ship and sports game tickets. With a signed liability waiver in place, a defendant may not be liable for damages even if he or she was negligent.

How Might the Assumption of Risk Defense Affect Your Case?

If you signed a liability waiver before participating in the activity that injured you, don’t assume you are barred from financial recovery. Although this can protect a defendant from liability, there are exceptions to the rule. If the defendant committed an act of gross negligence, recklessness or intentional wrongdoing, signing a waiver will not release the defendant from liability for losses. If the defendant failed to adequately make the risks of an activity known to you when you signed, this could also invalidate a liability waiver. How an assumption of risk defense may or may not affect your personal injury case depends on your unique circumstances. It is important to consult with an attorney if you encounter this defense or were injured after signing a liability waiver. An attorney can help you protect your rights with or without the assumption of risk defense.
Posted by at 12:33 pm

What Are Future Damages in a Personal Injury Case?

Friday, January 22, 2021
Through the civil justice system in Texas, you can receive financial compensation from the person or party that committed a wrong (tort) against you. In legalese, this compensation is known as damages. A civil claim not only has the power to reimburse you for past damages; you could also recover compensation for future damages. Learn more about future damages available in a personal injury case by consulting with an attorney.

Economic vs. Noneconomic Damages

First, understand the difference between the two main categories of damages available: economic and noneconomic. Economic damages pay for your out-of-pocket costs as the victim of a tort. These costs may include hospital bills, lost wages, property repairs and attorney’s fees. Noneconomic damages are the intangible effects an accident had on you and your loved ones. Another name for noneconomic damages is pain and suffering. Compensatory losses in this category may include emotional distress, mental anguish, physical pain, inconvenience, humiliation, lost quality of life and loss of consortium. During a personal injury case in Texas, you could be eligible for future damages for economic and noneconomic losses. Your eligibility for future damages will depend on the extent of your injuries and how long they will foreseeably stay with you. Future damages are only available if you will experience losses connected to the accident in the foreseeable future.

What Are Future Damages?

Past and present damages are clear at the time a claimant files a personal injury claim. As an injured victim, you will have medical bills and lost wages piling up to prove these losses. Future damages, however, are less clear. They will depend on when your injury will fully heal – if it will fully heal at all. You may be able to seek compensation for future damages during a claim if your injuries will, with some level of medical probability, stay with you or get worse in the future. Future damages can include:
  • Future medical care. Any surgeries, treatments, physical therapy, rehabilitation, medications or visits with specialists in the future you may need because of your injury. This includes disability accommodations for a permanent injury.
  • Future lost wages and lost earning capacity. If a doctor believes your injury will make you unable to work for a certain period of time, you can seek lost wage compensation for shifts you will miss. If you have an injury that will remove you from your current occupation, you can pursue damages for permanent lost capacity to earn.
  • Future emotional and psychological impacts. Many accidents have long-term emotional impacts on survivors. If you notice emotional injuries or are diagnosed with a condition such as post-traumatic stress disorder, you may be eligible for future pain and suffering damages.
You can only recover compensation for future damages in Texas if you or your personal injury attorney can successfully prove they will exist. Your lawyer can help you prove future losses using evidence such as your medical records, testimony from your doctor and medical experts, testimony from friends and family members, and information from your employer about the requirements of your job.

Why It Is Important to Seek Future Damages in a Lawsuit

Once you close a personal injury case by accepting a settlement and signing a release of liability form, you cannot reopen it. Even if your injuries worsen or you encounter additional medical costs, you will not be able to reopen a case and negotiate for a higher amount. This is why it is imperative to seek future damages in your original lawsuit – before you miss the opportunity to recover these damages forever. If you need assistance listing all past and future damages on an insurance demand letter or personal injury lawsuit in San Antonio, contact an attorney. An attorney can make sure you do not miss any important opportunities for recovering financial compensation, including future damages. A lawyer will ensure you do not settle for less than the full and true value of your claim.
Posted by at 12:32 pm

Should Your Injury Lawyer Have Trial Experience?

Tuesday, January 30, 2018
When you think of retaining a lawyer, you might imagine a big courtroom with your legal representative in the midst of a heated argument before a judge and jury. While this scenario is certainly possible, it’s unlikely. In fact, only about 4% to 5% of personal injury cases in the U.S. go to trial. The vast majority reach successful settlements during pretrial negotiations with the insurance company or another defendant. Keep this in mind when wondering whether your lawyer should have trial experience, and then consider these facts:

There is a Chance Your Case Could Go to Trial

Yes, the odds of going to trial are slim; however, it is possible that pretrial negotiations won’t work for your claim, and the courts will need to impanel a jury to decide the case. The prospect of a potential trial will have a significant impact on your case and its value, regardless of whether it ever reaches the courtroom. In the event that pretrial hearings cannot resolve your case, your lawyer needs to be able to accept the responsibility of representing you during a personal injury trial. Imagine discovering your case needs to go to trial, only to find your lawyer has zero courtroom experience. This is why most plaintiffs want trial attorneys, not just personal injury lawyers.

Insurance Companies Are Savvy to Local Law Firms

You want the upper hand when it comes to negotiating your personal injury claim with an insurance company. Otherwise, the insurance agent or claims analyst can take advantage of you and offer much less than your claim is worth. One of the best ways to protect your best interests is to retain a trial-tested attorney for insurance negotiations. Why? If the insurance company knows your lawyer doesn’t typically go to trial, it can offer less because it assumes settlement is the only option. For maximum compensation, you want your negotiations to reflect the fact that if you cannot settle your case, it will go to trial.

You Need an Expert Negotiator

Settlement negotiations can get intense. There is a lot on the line – the amount your lawyer secures you can greatly impact your financial future. A lawyer with trial experience will be thinking of your case in terms of a potential trial. The lawyer will be considering what evidence you need to prove your case, the best methods for presenting this evidence, how to respond to possible defenses, and many other aspects. Even if your claim never goes to trial, you will benefit from the mindset that it could. Trial-tested attorneys excel at juggling many difficult and complex elements of a claim, from beginning to end.

All Trial Experience is Not Created Equal

Keep in mind that just any trial experience might not help your particular case. You need to find an attorney with experience successfully handling claims that are similar to yours. For example, if you need to join a class action against a drug manufacturing company, you don’t want to retain a lawyer who has only gone to court representing car accident lawsuits. Look for a track record of winning cases and securing jury verdicts for clients in similar situations to your own. You always want an attorney with experience in your area of injury law.

No Trial Experience Isn’t a Deal Breaker

Despite the benefits that go along with retaining an experienced trial attorney, it certainly isn’t a requirement. Sometimes, a lawyer with no trial experience is one who is exceptional at negotiating during pretrial meetings. This can work in your favor since settling pretrial is cheaper and faster than going to court. In the end, knowledge of how to successfully negotiate a settlement for maximum compensation might be more important than trial experience. The right lawyer for you depends on your specific claim.
Posted by mockingbird at 6:43 pm

Why Won’t a Personal Injury Lawyer Take My Case?

Thursday, January 11, 2018
You attended a free case evaluation and spoke directly with a local Personal injury lawyer. You explained what happened and discussed your injuries. At the end of the meeting, you were shocked to discover the lawyer wasn’t interested in taking your case. What happened? Knowing why a personal injury attorney won’t take your case is important for your future and personal peace of mind. Here are a few reasons why an attorney may have rejected your case:

You’re Contacting the Wrong Attorney

It’s possible that a lawyer won’t take your case because you contacted one without experience in your type of claim. During your search for the right attorney, make sure you find one who lists the practice area that’s appropriate for your type of accident. If you’re trying to start a medical malpractice claim, for example, don’t contact a lawyer who only has experience handling car accident cases. Odds are, this lawyer wouldn’t take your case. Search for prior experience handling cases that are similar to yours.

You Don’t Have Enough Damages or Losses

In most cases, attorneys don’t offer their services for free. Instead, they work on contingency-fee bases, in which they subtract their attorney’s fees from their clients’ compensation awards upon successfully completing the case. You may be hearing “no’s” from lawyers if you were in an accident but only suffered minor injuries or damages. Your case probably isn’t worth enough to make hiring a lawyer worthwhile. If you think this is the reason you can’t get an attorney, consider trying to negotiate an insurance settlement without a lawyer.

There Is No One Liable for Your Accident

Many people mistakenly assume there is always someone liable for their accidents and personal injuries. Unfortunately, this isn’t always the case. Depending on state laws, there may not be any person or entity legally responsible for your damages. You must have four main elements to prove most personal injury cases:
  1. Someone else owed you a duty of care.
  2. That someone breached his or her duty to you.
  3. The breach of duty caused your accident.
  4. You suffered damages as a result.
Sometimes, accidents are no one’s fault. You may have gotten hurt due to an act of God, such as bad weather. Perhaps a tree limb from your neighbor’s property fell and hit you, but your neighbor was responsible in his efforts to trim the tree. Perhaps your own actions led to the accident more than anyone else’s. The bottom line: Not all claims are grounds for personal injury lawsuits.

Your Case is Too Small (or Too Big) for the Lawyer

After a lawyer turns you down, consider that maybe your case is too big or too small for that particular law firm. Some boutique firms don’t have the resources or experience to handle high-value claims or those that need to go to trial. A major firm might not accept claims beneath a minimum value. Shop around for a law firm that takes on cases that are the same caliber as your own to optimize your odds of an affirmative answer. An appropriate-sized firm can benefit you by offering the right kind of help, personal attention, and price for your unique claim.
Posted by mockingbird at 6:29 pm

How Do Damage Caps Work?

Monday, December 11, 2017
When injured persons file a lawsuit to recover damages, they hope to receive fair financial compensation. Sometimes they will hear the amount awarded by the jury and think they will receive that amount. However, many states have passed laws limiting the payout amount, the so-called damage cap. Read on to learn more about damage caps, what types of damages face caps, and other rules that affect the amount awarded in a lawsuit.

What Are Damage Caps?

If an individual is injured because of negligence during medical care, he or she may file a medical malpractice claim. This lawsuit claims a provider did not practice standard operating procedures, failing to diagnose or treat a patient’s injuries. A damage cap exists to limit how much a service provider will have to pay, with each state enacting its own limits. States set these caps to prevent juries from awarding excessive payout amounts. Damage awards of millions of dollars would drive up insurance costs and eventually raise doctors’ fees to deal with the upwardly spiraling costs. Some states block lawyers from mentioning a damage cap, thus freeing the jury to award whatever they deem fair and enacting the cap after the fact. In some cases, judges have capped the payout themselves to reduce a payout to something they considered reasonable.

Caps for Different Damages

Even in situations where the law requires payout caps, the type of damage awarded determines which cap applies. Several categories of damages exist, including economic, non-economic, and punitive.

Economic and Non-Economic Damages Caps

Any concrete, measurable expenses for medical care, rehabilitation, or loss of wages falls into the economic category, with defined limits already in place. Non-economic damages cover any damages not already included in the economic category. This includes pain and suffering, loss of quality of life, and mental anguish. These damages do not follow definable expenses or future expenses based on already known data or charts. A jury must employ a subjective approach to determine non-economic damage payouts. Most states have passed caps on these types of damages. However, states exempt cases that deal with wrongful death or grievous injuries (e.g., loss of limb, organ, etc.) from the damage caps entirely or have a higher cap in place.

Punitive Damages Caps

These damages, sometimes called exemplary damages, serve to punish willful acts of wrongdoing. These damages should deter the wrongdoer and others in a similar position from these acts in the future. Federal guidelines set in place in 2005 place limits to prevent extremely high punitive damages payouts; however, these limits still allow large awards in certain situations. States took this a step further, placing strict limitations on punitive payouts in personal injury claims, some eliminating them altogether. A variety of caps now exist, some with multiplying factors to set caps in place.

Other Rules

States established further tort reforms. For example, a plaintiff once could receive all damages from a single defendant when multiple defendants shared the blame. Now, the obligation to pay applies to all defendants. Another rule added by the states, collateral source, prevents defendants from mentioning any compensation a plaintiff may have already received, like payouts from the plaintiff’s own insurance. This prevented juries from potentially reducing a payout by taking into account payments already received. This rule applies to all medical malpractice lawsuits and in many personal injury claims. Some state courts later declared this rule unconstitutional. Several resources exist to help you find out what damage caps exist in your state, as well as what exemptions or special rules apply for specific situations.
Posted by mockingbird at 6:11 pm

What Is Malicious Prosecution?

Monday, October 16, 2017
Prosecution is the process through which the state brings criminal charges against an individual. Any prosecution must have a foundation of probable cause or reason to believe the individual committed the crimes in question. Additionally, criminal charges exist with the intent of upholding justice. “Malicious prosecution” is a legal term pertaining to any prosecution made without probable cause or for purposes other than bringing an alleged criminal to justice. A victim of malicious prosecution can file action for damages suffered because of the malicious prosecution.

Proving Malicious Prosecution

A malicious prosecution is essentially a baseless accusation brought against an individual for the purposes of harassing or distressing him or her. The plaintiff in a malicious prosecution case must provide evidence for several factors to succeed in a claim. These four elements include:
  • Proving the initiator of the prosecution acted in bad faith, or for some other reason other than the pursuit of justice against an alleged offender.
  • The resulting proceeding led to a ruling in the victim’s favor.
  • There was no probable cause that would have reasonably led to the proceeding.
  • The initiator of the proceeding acted with malice toward the victim.
Victims of malicious prosecution face several hurdles in pursing damages for these incidents. First, proving that a police officer or government agent did not have probable cause is usually difficult. The other difficulty lies in the legal concept of qualified immunity. Many law enforcement agencies and government agencies are immune from legal action from private citizens except under extraordinary circumstances. The victim will need to prove that the malicious prosecutor acted outside the scope of his or her position and engaged in willful and unreasonable conduct. The final hurdle for victims of malicious prosecution lies in state laws. Some states define malicious prosecution and unfair trials differently and will allow a plaintiff to sue for one, but not the other. Additionally, various elements of a malicious prosecution case may lead a judge to dismiss the allegations or allow the plaintiff to file an action for an unfair trial instead. People commonly conflate malicious prosecution with false arrest or false imprisonment. False arrest applies to situations in which someone without the proper authority to conduct the arrest arrests a victim. False imprisonment applies to confining someone against his or her will. Malicious prosecution only applies when someone intentionally misuses the justice system.

Damages for Malicious Prosecution Cases

Generally, plaintiffs in malicious prosecution cases seek to recover any expenses they incur because of the malicious prosecution. This can extend to attorney’s fees, court filing fees, lost income from time spent in prison or being otherwise unable to work, and other compensation. In some cases, plaintiffs can receive compensation for the emotional distress of withstanding an abuse of the justice system. Plaintiffs may also sue for damaged reputation and lost future earning potential. Anyone who suffers from malicious prosecution needs to act quickly to protect his or her rights. A competent attorney can help a victim of malicious prosecution prove the improper actions of the defendant in question and help the victim secure compensation for such a distressful – and often expensive – ordeal.
Posted by mockingbird at 6:32 pm

I Was Injured at a Music Festival

Wednesday, June 14, 2017
Music festivals are a great place to enjoy time off in the summer. They offer a space to relax, watch talented musicians and engage in activities with a community of fun-loving individuals. It is not uncommon, however, for the fun to get a bit out of hand and cause harm to festival guests. If you plan on attending a music festival, know what steps to take to establish a worthy case and determine the next line of action in the case of injury.

Gather as Much Information as Possible

After a medic or doctor has looked at your injuries, try to gather facts regarding the cause of the damages. Consider every element that contributed to the injury-causing event and try to collect relevant information. Ask yourself a series of questions to get started.
  • How did the injury occur? You might not know the exact cause of your injury. Start with what you do know and work your way back. Was the injury caused by festival-owned machinery? Did the negligence of another guest contribute to the harm? Do some snooping to find out all the events that led up to the moment you were hurt.
  • What was the duty of the responsible party? Most cases of injury are due to the negligence of another party. To prove liability in negligence cases, you must first establish a duty of care. Once you know how the injury occurred, find out what the “duty of reasonable care” was for the responsible party.
  • Why did the responsible party breach the duty? When the responsible party failed to follow through with the duty of reasonable care, the law considers it a breach of duty. Proving this breach of duty is vital to a negligence liability case. If the breach of duty was out of the control of the responsible party, another party may be at fault.
  • Who owns the festival venue? The owner of the festival venue will likely be the defendant if you choose to pursue a personal injury lawsuit. Depending on the specifics of your case, it may fall under the premises liability of the owner.
  • Where can you find hard evidence? Hard evidence will go a long way in making your case a solid one. See if you can find tapes from security cameras that caught the event on film or take a picture of an unsafe area that caused your injury. With every piece of information regarding the event, try to obtain tangible proof.

Seek Medical Attention

At the time of the incident, you may not understand just how devastating your injury is. If, when you were hurt, you’d been drinking, the pain may not be immediate. It’s important for both your health and your case to get proper medical care. If you didn’t receive medical attention on the evening or day of the injury, do so as soon as possible after.

Calculate Your Damages

Keep every invoice and receipt you have from treatment relating to the damages. Retain bills for medical care, prescription costs and rehabilitation. If you were unable to work after the incident, calculate the lost earnings. Account for mental anguish and suffering as well if you feel it is severe enough to recover funds.

Establish Worth of Pursuing a Case

Once you have gathered all the necessary information, talk with an attorney. Together, you can calculate the damages and determine whether it will be worth pursuing a law suit. You may not realize the compensation that could entail.

Find a Trustworthy Personal Injury Lawyer

In the aftermath of a music festival injury, you could be left confused, frustrated and unsure of which actions to take. The assistance of a personal injury lawyer could help you sort out your situation and determine whether you should take further action.
Posted by mockingbird at 8:45 pm

What Are the Right-of-Way Laws in Texas?

Tuesday, November 29, 2016
The rules of the road enable drivers to anticipate the actions of others. Quite often, drivers must yield to other drivers or pedestrians before moving. The phrase “right of way” describes how you determine when to yield to another driver or pedestrian or when that other driver or pedestrian must yield to you. Right-of-way laws exist to ensure public safety on the road and to provide the smoothest flow of traffic possible. Right-of-way laws are meant to keep drivers and pedestrians safe, so it’s important for Texans to know the state’s right-of-way laws. Understanding these laws can help prevent traffic accidents, injuries, and even fatalities, and it can help drivers avoid traffic tickets for illegal maneuvers.

Right-of-Way at Intersections

There are specific laws concerning the right-of-way at intersections in Texas:
  • When driving on an unpaved road, if you come to an intersection with a paved road, you must yield the right-of-way to traffic driving on the paved road.
  • At uncontrolled intersections, you must yield the right-of-way to any traffic already in the intersection and any traffic to the right of your vehicle.
  • When making a left-hand turn at an intersection, you must yield to pedestrians crossing the street as well as traffic traveling in the opposite lane. This also applies to making a right-hand turn. You must yield to through traffic entering the lane you wish to turn into as well as any pedestrians crossing in your path.
  • Whenever you approach an intersection at a main road from any private road, alley, or driveway, the right-of-way must be yielded to traffic driving on the main road.
  • Trains always have the right-of-way at railroad crossings. Always stop at the indicated spot. Trains are typically much wider than the tracks, and if you stop too close to the tracks, you risk being struck by a moving train. Such collisions are extremely deadly.

Emergency Vehicles

Emergency vehicles are equipped with lights and sirens to let other drivers know that they are nearby and responding to an emergency. It’s vital for other drivers to quickly ascertain the location of the emergency vehicle and pull over so personnel can reach the emergency. In Texas, motorists must always give the right-of-way to any fire trucks, ambulances, or police vehicles. Pull over to the right as soon as possible, unless you’re within an intersection at the time. In this case, continue through the intersection and pull over to the right side of the road as soon as you can.

Pedestrians

Every Texas driver must always give pedestrians the right-of-way, even if they aren’t crossing legally at the time. Pedestrians have no protection from oncoming traffic. As such, it’s vital for drivers to exercise caution around pedestrians and areas with heavy foot traffic. Not every intersection will have a “Walk/Don’t Walk” signal. Regardless of whether such a signal is present, a pedestrian has the right-of-way during a green light. Additionally, pedestrians have the legal right-of-way even if the light changes to red as they cross. A good rule of thumb is to simply always yield to pedestrians, even if they’re violating the law or crossing the road illegally.

Right-of-Way Violation Penalties

As with most driving infractions, drivers found in violation of right-of-way laws can expect to receive points on their licenses. A failure to yield violation will typically result in two points and a $50 to $200 fine. A failure to yield violation that leads to an injury will result in three points and up to $2,000 in fines. Serious injuries may incur an even larger fine up to $4,000. Any right-of-way infractions committed by Texan drivers outside the state will still result in these penalties.
Posted by at 11:54 pm

What are Common Signs of Nursing Home Negligence?

Thursday, October 20, 2016
Our nation’s elderly are our greatest living accounts of history. They’ve lived through many of our nation’s greatest moments and often have a story to tell. Unfortunately, not everyone treats senior citizens with respect. Nursing home abuse and negligence are on the rise – a recent study from Cornell University found the actual incidence of elder abuse is about 24 times higher than reported to law enforcement or social services. Of the many types of abuse, psychological abuse is the most common. Learn about elder abuse, the signs of neglect, as well as when you should consult an attorney.

What is Elder Abuse?

As defined by the Center for Disease Control and Prevention (CDC), elder abuse is any type of abuse or neglect of someone age 60 or older, performed by a caregiver, loved one, or anyone with whom there is an expectation of trust. Nursing home professionals, for example, should take care of residents. While many types of abuse show a specific intent to harm, neglect is a little different. Nursing home neglect involves a breach of duty or providing substandard care to a patient, resulting in harm.

The Types of Nursing Home Neglect

Just as there are many types of abuse, there are also several different forms of nursing home neglect. The main kinds include:
  • Social and emotional neglect. Patients in nursing homes must be well cared for, and that means socializing and tending to their emotions in a positive way. When the nursing home staff repeatedly ignores or yells at a patient, it’s social neglect.
  • Personal hygiene neglect. Senior citizens must have their bedpans and sheets changed frequently. Often, they need help with tooth brushing, bathing, and laundering. Failure to provide this assistance is personal hygiene neglect.
  • Basic needs neglect. Aside from providing personal hygiene, nursing home support professionals have an obligation to provide their residents with a safe and clean environment, with plenty of fresh food and water.
  • Medical needs neglect. Nursing home residents may require medical care for diabetes, infections, limited mobility, or cognitive dysfunction.

What are the Signs of Nursing Home Neglect?

Generally, nursing home neglect will present warning signs. Such signs differ based on the type of neglect. Unfortunately, the elderly are often unable to advocate for themselves, occasionally lacking the mental capacity to do so. Like many victims of abuse, they may be afraid to speak up. If you have a loved one in a nursing facility, be on the lookout for signs of neglect:
  • Sudden or rapid weight loss may be a sign of basic needs neglect.
  • Persistent or recurrent bedsores or pressure ulcers may be an indication your loved one isn’t being turned often enough.
  • Repeated injuries from falls may indicate a lack of support.
  • Signs of dehydration or malnutrition: sunken in eyes, skin tenting, dry mouth, or cracked skin.
  • Withdrawn behavior or sudden changes in behavior.
  • Sudden changes in appearance, including changes in hygiene.
  • A change in interaction with other residents and staff: For example, a person suffering from neglect may become less friendly to those around them.
  • An unsafe environment: Slippery floors, poor lighting, and rickety furniture in a resident’s room are signs of an unsafe environment.

What Should I Do if I Suspect Elder Neglect?

The presence of any of these signs don’t necessarily mean elder neglect, but it’s always better to be safe than sorry. Report any suspected abuse or neglect to Adult Protective Services (find your local office by calling 800-677-1116). The agency will launch an investigation into your loved one’s case and take action if necessary. If your loved one has been the victim of abuse or neglect, talk to a personal injury attorney.
Posted by at 10:37 pm

Can I Hire an Attorney in a Different State Than Where I Reside/Accident Happened?

Thursday, September 15, 2016
Accidents can happen at any time and in any place. When one occurs in a different state than where you reside, it can complicate the claims process. The laws may be different than in your state, and you may want to hire an attorney who holds a license in the state where you are addressing the legal issue.

Protocol for Interstate Legal Problems

Jurisdiction laws typically require that you file a case in the state where the accident occurred. However, it is common for plaintiffs to want to hire a lawyer from their home state. In general, an attorney must have admittance to the state bar in the state in which he or she wishes to represent a client. This is true for any kind of case, whether you need an attorney to represent you in a personal injury suit or a real estate transaction. If you need an attorney to represent you in the state in which an accident happened, the attorney must have a license in that particular state. However, there are a few exceptions to this rule. If you would prefer to use an attorney from your home state with whom you have worked before in a different state, find out if that state will grant your attorney a limited law license. States will grant this request in some situations, usually for public defenders or legal aid services. The attorney must have a license to practice law in another state for this option. Some states also allow an in-house counsel exception, in which a corporation hires an out-of-state attorney to represent them as in-house counsel. In some cases, the state will allow an attorney from out of state to represent a client “for this one case,” or “pro hac vice.” The attorney must petition the court to represent the client and must have a license in another state. It is up to the court’s discretion whether to grant the petition, grant it with conditions, or deny the petition. A condition may be that the attorney must work with in-state counsel, for example. Pro hac vice is only a good option if the attorney is familiar with local and state laws. An attorney can obtain state licensure without taking the bar exam in certain situations. If an attorney has practiced law in another state for a certain number of years, some states will grant faster admission to the bar. This is called reciprocity.

Should You Hire an Out-of-State Attorney?

Deciding whether to try to bring an out-of-state attorney to your case or to hire an attorney in an unfamiliar state depends greatly on the circumstances of your case. If you are the defendant in a case, for example, your insurance company will likely provide you with a personal injury lawyer. In this case, you would not have to worry about hiring an attorney at all. Since most personal injury cases get settled outside of court without litigation, your attorney only needs to be competent and knowledgeable enough to skillfully handle negotiations. If you are the plaintiff, on the other hand, the state in which your personal injury attorney holds a license matters more. If you believe your case will go to court instead of reaching a settlement, it is wise to hire a personal injury attorney who lives near you. This makes it easier to communicate with them regularly about your case’s progress and work with them face-to-face. However, it is crucial that you hire an attorney with the proper skill set and expertise to obtain the best outcome for your case. An out-of-state attorney may not have as deep a grasp of the state laws as a local attorney. Ask your desired attorney if petitioning the court to practice law in a different state is the best option for your case.
Posted by at 10:18 pm

What is a Bimalleolar Fracture?

Wednesday, August 31, 2016
The medical term for a broken ankle is a bimalleolar fracture, or a break at the lower parts of the tibia and fibula. Bimalleolar fractures commonly occur due to falls, car accidents, and sports-related activities. A number of bones in the ankle can fracture in an accident, leading to severe pain and temporary disability. The displacement of bones in the ankle often requires surgery to treat. Post-surgery recovery generally takes several weeks of physical rehabilitation and home exercises. Bimalleolar fractures can cause great pain and suffering as well as financial losses. When someone else’s negligence results in a broken ankle, take action against the responsible party.

Types of Bimalleolar Fractures

Ankle fractures can be simple breaks in a single bone or can include several complex fractures and displaced bones. There are three main categories of bimalleolar fractures: unimalleolar, bimalleolar, and trimalleor. One-third of all ankle fractures are either bimalleolar or trimalleor. Ankle fractures often occur in traumas such as car crashes or trip and fall accidents. Depending on the severity of the fracture, the ligaments in the ankle can suffer damage as well. Three main bones make up the ankle: the tibia, fibula, and talus. Each bone has different areas doctors use to classify the fracture. For example, if the end of the fibula fractures, it’s a lateral malleolus fracture. The ankle also has two main joints, the ankle join and the syndesmosis joint. Multiple ligaments hold these joints together, making the ankle stable. When an accident compromises the bones, joints, or ligaments, the victim may be unable to walk for 12 to 16 weeks during recovery.

Common Symptoms of a Bimalleolar Fracture

If your bimalleolar fracture isn’t severe enough that you can immediately identify you have a broken ankle, this is probably a good sign. However, every ankle fracture injury requires the attention of a physician. Common symptoms of a bimalleolar fracture include:
  • Severe and immediate ankle pain
  • Swelling of the fractured area
  • Bruising or hematoma
  • Painful to the touch
  • Inability to put weight on the injured foot
  • Physical deformity, in the case of joint dislocation
These symptoms can be very painful. Walking may also be labored and/or difficult for several months. The effects of a bimalleolar fracture can be severe, preventing a victim from returning to work during the recovery process. Lost wages and mounting medical bills can also put a strain on the victim’s finances.

Treatment for Bimalleolar Fractures

A physician will assess your fracture using an imaging test and will recommend treatment. The level of the fracture determines the type of treatment that’s best for your injury. If your ankle is stable and the bone is not dislocated, physicians most often recommend non-surgical treatment. Your doctor can prescribe several different non-surgical treatments, including a short leg cast or a high-top tennis shoe. If your fracture makes the ankle unstable, you may need surgery to reconstruct the normal shape of the broken anklebone, decrease ligament damage, and accelerate recovery. During surgery, the surgeon will reposition the ankle and hold it in place with special screws or metal plates. After surgery, you will need a cast to keep the ankle in place while it heals. Your rate of recovery will vary depending on the severity of the bimalleolar fracture, but ankles can typically bear a complete weight load 12 to 16 weeks after treatment. Complications are rare in bimalleolar fracture surgeries, and if there are complications, they typically relate directly to the surgery. Risks can involve complications due to infection, nerve damage, anesthesia, bleeding, or blood clots. However, the majority of bimalleolar fractures do not result in complications and do not require additional surgery to repair.
Posted by at 8:57 pm

How Do You Calculate Pain and Suffering in a Settlement?

Wednesday, July 13, 2016
A fair settlement can provide your family with compensation to pay for medical bills, make up for lost wages due to missed work, and other expenses associated with daily living. Many personal injury claims also include what’s known as “pain and suffering” costs. What are these, and how do personal injury attorneys calculate them? Most personal injury claims hinge on the plaintiff providing evidence of negligence. Negligence is a term the legal system uses to describe actions in which one person fails to exercise reasonable care around another. When a person commits negligence, he or she may cause another person pain and suffering.

Pain and Suffering Defined

Lawyers use the term “general damages” to define any intangible losses, like pain and suffering, as part of an injury settlement. But how can you quantify your pain? It’s hard to pin a number on, but lawyers use a specific system to calculate the economic and general damages associated with a settlement. The two most common are the multiplier method and the per diem approach.

The Multiplier Method

The multiplier method refers to a process by which an actuary takes your economic damages (these are easy to calculate and include things like lost wages and medical bills) and multiples them by a number as small as 1.5 and as large as 5. An actuary might multiply the number by 5 in the case of gross negligence, for example, but will use a smaller number if the injuries are minor. Other factors that affect the multiplier are your likelihood for a speedy and complete recovery as well as the impact on your daily activities. The multiplier method is the most common form of calculating general damages, as it’s the same process most insurance companies use. Often, the sticking point in the negotiation phase is the multiplier used to calculate general damages. An experienced law firm can help you maximize your settlement by fighting for a fair multiplier.

The “Per Diem” Calculation

Less common is the “per diem” method of calculating pain and suffering. This process gets its name from the Latin phrase meaning “each day.” It relies on demanding a certain dollar amount for every day you experience pain as a result of your accident. This approach is less common because attorneys often disagree on the appropriate way to set a dollar amount for each day of suffering. If you miss a significant amount of work as the result of your accident, the best approach may be to use your daily earnings as a starting point. Say, for example, you were involved in a car accident and experienced a fractured arm as a result. You wore a cast for six weeks and took pain pills each day to alleviate your suffering. Even after your cast is off, you continue to experience pain for another month, for a total of 75 days of suffering. Say you make $35,000 a year—approximately $95 per day. Your per diem settlement would be around $7,2000. This method is fine for clear cut cases, but when it comes to long-term injuries, permanently disabling conditions, or lost earning capacity, this calculation falls apart. For this reason, the legal profession more commonly relies on the multiplier calculation.

Have You Been Injured in an Accident?

If you’ve been injured as a result of someone else’s negligence, you may be wondering about the recourse for the parties responsible or wondering how to pay for your medical bills. The Attorneys at Aaron Herbert are skilled at negotiating settlements that are fair, given the extent of your pain and suffering. To start your personal injury claim today, contact our office for a free case evaluation. We offer our services on a contingency-fee basis, so there’s no risk to you.
Posted by at 10:44 pm

What Can I Do if Someone Crashes a Drone into My House Or into Me?

Wednesday, March 30, 2016
Technology and law have always made a strange pair. This is certainly true for unmanned drones, which have legislators and lawyers perplexed about everything from insurance claims to personal injury disputes. These devices are incredibly innovative and valuable, poised to improve disaster response, construction, real estate, and dozens of other industries. Regulations are slowly catching up, but the technology is not slowing down; the market for unmanned aircraft is expected to explode over the next decade.

Current Laws Governing Drone Use

Drones have sparked plenty of debate about personal injury law, property damage, privacy concerns, and many other legal areas. In fact, these gadgets have been a major concern for the FAA since their inception. The organization is predicting over 30,000 of these devices will be in use within five years, and specialists are setting aside billions of dollars to ensure their safe operation in tightly regulated commercial air space. Pending laws will govern:
  • Increased drone use
  • National and global operations
  • Airspace control
  • Safety and environmental concerns
The FAA and federal government must also take steps to regulate:
  • How individuals can protect their land from drones
  • Stalking and harassment issues
  • Piracy infringements
These problems may seem straightforward, but putting laws into place on this scale requires extensive state, federal (including multiple departments), and international cooperation. Some laws have already been drafted, including the Drone Aircraft Privacy and Transparency Act. This bill set up restrictions on private drone use, specifically outlining privacy standards and data collection regulations, how individuals can protect their rights, and the actions law enforcers can take to control drones.

Personal Injury and Property Damage Caused by Drones

Personal injury and property damage are two of the most pressing concerns lawmakers currently face. Insurers and legislators must consider where these aircraft operate (such as whether or not they fly over populated areas), their altitude, and their purpose. If a drone crashes into an individual, it would be covered under liability insurance, which also addresses privacy issues and property damage. Again, coverage varies based on several factors. For those working with or around drones, for example, workers’ compensation will need to be extended to cover drones’ use. Pursing compensation would thus be similar to other liability claims; the company’s insurance would contact a plaintiff with a settlement price (if any). An individual can choose to accept that amount, which may cover the extent of his or her damages. If this is suitable, the matter can be settled out of court. However, for issues involving extensive damage, ongoing medical bills, or matters like wrongful death, working with an attorney may be the only way to receive the full amount a person is owed following damage caused by a wayward drone. These laws will continue to evolve and so will the insurance policies written for drones. For example, if wrongful death claims increase as the industry grows, insurers will have to change the rates they charge for liability and other coverage options.

Reach Out to an Experienced Texas Attorney for More Information

The only way to protect your rights in such a dynamic time is to contact an attorney who has followed these laws and will continue to do so as they develop. Though this is a new area, many of the requirements for personal injury suits and property damage settlements are familiar to experienced legal teams. The Law Firm of Aaron A. Herbert, P.C. has extensive experience recovering the damages our clients are owed following a personal injury. We stay up-to-date on all relevant laws to safeguard their best interests; this includes personal injury and property damage caused by a crashing drone. Reach out for more information about these developing regulations, and schedule a consultation if your privacy or property has been threatened by one of these devices.
Posted by mockingbird at 10:57 pm