Personal Injury Law – Wrongful Death Attorneys Texas

Personal Injury Law – Wrongful Death Attorneys Texas

Losing someone you love in an accident is never easy, never expected, and never forgotten. If the accident was caused by the negligence of another person, in other words, a wrongful death, then it is even harder to handle. The unanswered questions, the what-ifs, the regret, and grief. Even though it is hard to get on with life after someone dies, it needs to be done for yourself, your family, and in the name and memory of your loved one. This is the time to call a wrongful death attorney and discuss your options.wrongful death lawyers

Don’t wait to call an attorney or you may lose the option to sue at all, particularly if the accident involved a government entity. In cases that do involve a government entity, you may have less than six months to file a claim. This isn’t a lot of time and if you want to file for wrongful death damages, you will need to act quickly. If the accident was a bad one and there is the likelihood of a significant wrongful death lawsuit settlement, this is all the more reason to file quickly to allow the wrongful death attorney the time to prepare a case – either to take to negotiation for a settlement or to court for a trial.

Wrongful death is quite evident based on the circumstances of the accident your family member was in, the evidence at the scene, and the in-depth investigation of the crash by forensics specialists. Eyewitness testimony is also helpful, if it is available, and in some cases, it isn’t. The most important element of proving a case like this is that there is negligence or wanton recklessness involved, and but for those actions, the deceased would still be alive.

Most often the people who are eligible to file wrongful death damages are the spouse and children of the deceased. Having said that, if there is no spouse or children, or if they were also in the accident, then the next people who may file a civil wrongful death suit is a domestic partner, stepchildren, parents, grandchildren, or a putative spouse. A putative spouse is a person who has lived with another person, but they are not legally married.

This is a very complex area of the law and having a wrongful death attorney in your corner representing your interests and that of your family is the smartest thing you could do in order to get justice. While you might not think it matters much that you have an attorney, this couldn’t be further from the truth. Only an attorney with extensive experience in handling wrongful death lawsuit settlements will be able to get you just and equitable compensation for the death of your family member.

You need help to survive financially if your family member was your sole source of financial support. If you have children, you need to care for them, pay the bills, and move forward as best you can. You can’t do this without wrongful death damages.

Don’t make the mistake of thinking that damages in a wrongful death case are just the same as the kind of damages you could get in a personal injury lawsuit. This is not true. When asking for wrongful death damages, the attorney includes funeral and burial costs, the expense of any medical treatments prior to death, the loss of care, guidance, comfort, advice, companionship, loss of consortium, and the pain and suffering of the deceased prior to death. Your grief over the loss is also factored into the final calculations for wrongful death damages.

Try not to let grief over your family member’s death cloud the fact that you need help from an attorney to seek justice for the death. Don’t wait to file a lawsuit, as time is crucial in cases like this.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

Personal Injury Law – Head Injury

Personal Injury Law – Head Injury

The head is really the last part of the body that you want to injure, this is due to the possibility of serious complications. Head injuries might occur in many cases but aren’t limited to the following cases such as assault and battery, rollover crashes, trip and fall, slip and fall, motorcycle or cycle accidents, and car accidents.

From the above accidents, head injuries sustained can be very serious to both the head as well as the brain. The seriousness of the injuries is shown if there is tearing of tissues, bleeding and brain swelling involved. All these things will happen when the brain moves inside the skull during the time of the accident.personal injury lawyers

After a head injury, a person can have dizziness, nausea, and headache as well. The symptoms can be cured within a week if it’s a minor head injury. Medical treatment is not necessary for minor injuries. If there is any injury to the head, then you should get a check-up. The loss of memory, a personality disorder, and poor concentration are all things that can damage you permanently if you suffer a severe head injury. Here are some of the clues that you have to consider as serious when these things happen

• Severe headache that does not go away
your consciousness changing
head or severe facial failure
• Confusion
• Cessation of breathing
Discoloration behind the ears or below the eyes which is blue or black in color
Balance may be lost
• Seizures or convulsions
Nausea or vomiting which is repeated
• Slurred speech
• Inability to awake from the sleep
Both eyes and pupils will dilate
• Loss of coordination
Weakness or numbness in the limbs
• Agitation, restlessness or increased confusion

If any of the above symptoms occur in you, you have to immediately consult the doctor. You should keep the person lying down with both shoulders and head slightly elevated until the emergency services arrive in the event of an emergency.

Slips and falls, car accidents, Truck accidents and assaults that have happened to victims through the negligence of other people can file a claim. If you want to claim the compensation for the head injury, the brain injury lawyer will help you to claim the compensation legally and will help you to find the best medical help to give the finest treatment. These lawyers have all the necessary experience and expertise in handling all the cases of head injuries.accident attorneys

Under the law, head injury victims that are caused due to the fault from another person can recover the compensation head injury money from the wrongdoer. The pain and suffering you have endured, plus medical bill, and loss of income are all things that you should see included in the compensation.

It can be very technical to establish a head injury and as a result of which the injured party can have a hard time pursuing the claims. The head injury lawyer will be very helpful to those people in this pursuit. A brain injury claim can be impossible to do on your own.

The Odds are Nearly Even That Your Injury Claim Will be Denied

The Odds are Nearly Even That Your Injury Claim Will be Denied: Regardless of the Insurer

A popular tactic of some auto liability insurers is to suddenly find an excuse to cancel the policy of its customers once they are involved in an injury-related accident. And there are as many of these insurers as fleas on a dog. Some arbitrarily cancel for no reason or say that the monthly premium payment didn’t arrive before the wreck was reported, even if it did arrive and was credited during the mandated 10 day grace period.insurance dispute Lawyers

The Texas Department of Insurance keeps records on how insurance companies honor claims and they’ve recently revealed some very sobering data. One Texas minimum coverage insurer took-in over $271 million in premiums in one year. But it has a claims complaint index that is two-and-a-half times higher the state complaint average. Another took in $575 million and had a complaint index of nearly four times the state average. The TDI also has a “top 10” list of insurers that have the highest total complaints in the way they handle claims.

A recent analysis of the Insurance Department’s consumer complaint figures showed that 11 of the 25 largest auto insurers in the state, all of whom are supposed to be honoring over 100,000 policies each, had a complaint index that was above average. Complaints that drivers filed with the state included such practices as delays in processing claims, “low-ball” offers and settlements, denial of claims, and liability disputes.

Another favorite trick of some insurance companies in denying an injured claimant is for an adjuster for the company to tell the injured party that if the claim isn’t paid, the person will have to hire a lawyer and will probably wind up with little money for the trouble. At that point, the driver feels forced to take 50 percent or less of the claim for damages. This excuse is patently false. But since the driver probably hasn’t talked to an experienced auto accident attorney, he’s probably unaware of this fact, feels that he’s alone against the big bad insurance company and accepts the substandard offer.

In one year, Texas consumers filed more than 6,600 complaints against auto insurers in Texas. More than half were filed by drivers who said they were not at fault in an accident but had trouble getting an insurer to pay their claims. Texas Watch is a watchdog consumer group that has turned more of its attention to auto insurance issues and their trend of higher denials: but UM/UIM and the more reputable firms as well. The group says that unethical companies have an advantage because they undercut regular insurers on price largely because of their claims payment practices. A spokesman says “the business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up.”

Texas Watch completed a survey of customer complaints when filing damage claims against auto insurers in Texas. The largest complaint types and their percentages were:

Delays in handling claims 36.7%
Unsatisfactory offers 21.8%
Denial of claims 16.3%
Other 14.6%
Customer service 10.5%

In an underinsured motorist coverage claim, things can get very complicated for non-attorneys. In order for an underinsured claim to be valid you have to show that you exhausted the other available policies. In other words, if you have $100,000 in total damages and the negligent driver has only $60,000 to fully cover, you have to get all $60k or your UIM claim is viewed by your insurance company (if you have UM/UIM coverage) as invalid. car accident attorneys

It is very easy for the defendant’s insurer to pay you only 70% of the value of their policy. But the fact that you didn’t collect full value makes it impossible for your UIM claim for the difference to be honored by your carrier. And there are a few well-known insurance carriers on that top-10 list that is kept by the Texas Department of Insurance; firms you would think would not be on that list.

In short, it is all the more important to have an experienced vehicle accident injury attorney help you with both claims (the liability claim against the other party and the UIM claim against your own insurance) since your success lies in collecting full damage value from both. In cases where you successfully get the other party to tender policy limits, thereby exhausting that policy, you still encounter the difficulties of your company’s insurance adjuster’s alleged ignorance with regard to Texas laws, particularly the Texas Deceptive Trade Practices Act.

So your claim then becomes a contract issue between you and your carrier rather than a tort issue. And our Law Firm knows how to leverage a TDTPA violation claim against an insurer (either the other guy’s or yours) to do the right thing and pay both of your legitimate claims when you have been hit by an underinsured motorist.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case. Call the auto accident attorneys with our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso