Personal Injury

Who will protect the injured?

When you are hurt in a car wreck, a lawyer who would step in to protect your interest must wait 30 days to send you a letter offering his service in most cases, unless he/she has represented you before. The insurance adjustor has no such restriction. How will you get your car fixed and have transportation in the meantime. How will you get the medical treatment you need. What about lost wages and non-economic damages? Who will be on your side?

When you are hurt by the negligence of a healthcare provider, sometimes it seems that the entire local medical community closes ranks to protect its own right or wrong. The medical community has a great lobby. The Texas Legislature and Courts have made it extremely burdensome, procedurally and financially, to prosecute a medical negligence case. Who will help you to decide if it is even economically practical to go forward? Who will guide you through the maze?

If you are hurt by a dangerous product manufactured by a publically traded corporation you can rest assured that, if the corporation knew of the danger, someone, somewhere, has calculated and compared the cost of making the product safe versus the cost of dealing with expected claims. You get left to count up your medical expenses and lost wages. How will you attempt to overcome the economic and existential consequences of your injury? Who will be there to help?

Big insurance, big medicine and big corporations seem to have their own Orwellian propaganda machine belittling the consequences of your injury. Have you heard of the McDonald’s coffee case where the lady got a fortune from a jury for spilling hot coffee on her lap in the car? Did you know that:

  1. McDonald’s sold coffee, including to drive thru customers, very much hotter than other fast food restaurants;

  2. McDonald’s had a history of claims from people injured by their excessively hot coffee;

  3. The lady who was injured had third degree burns on her leg which had destroyed all the layers of skin she had?

  4. The jury’s punitive damages award represented only three days profit on only coffee;

  5. The court system drastically reduced the amount awarded by the jury.

How do you feel about the McDonald’s coffee case now that you know a little more about the facts and what happened? Who is going to help you select an impartial jury if your case has to be tried. In a world where big money interests are trying to create a climate of opinion that you do not deserve to be compensated for your injury, you need all the help you can get.

We represent injured parties making personal injury claims. Talk to us. The initial consultation is free. If we represent you on a personal injury case we can usually advance expenses and take a contingency fee so you are not out of pocket and only have to pay us out of the money we get for you. Call and make an appointment to talk to us. The insurance company, healthcare provider, and product manufacturer are likely to already have boots on the ground preparing for the consequences of the negligence and/or product which caused your injury. Who is going to help you keep up?

Personal Injury

  1. Automobile accidents

  2. Premises liability/Slip and fall

  3. Healthcare liability/medical negligence

  4. Products liability

Automobile accidents

Insurance companies have property damage adjustors, appraisers, bodily injury adjustors, and computer programs available from the get go to investigate, analyze and evaluate your claims. Many insurance companies own their own law firms. When the negligence of another driver causes you injury and damages an army of soldiers is called to action on the other side. Their goal is to close the claim as soon as possible and pay the least amount of money for it. “You always seem outnumbered and you don’t dare make a stand” (Bob Seger, On The Road). You need an equalizer. You need it now. Let us go to war for you.

Premises Liability/Slip and Fall

The person or entity in possession and control of premises you are expressly or impliedly invited to be at for business purposes must exercise ordinary care to:

  1. Discover an unreasonably dangerous conditions on the premises;

  2. Warn of the unreasonably dangerous condition; and

  3. Make the unreasonably dangerous condition safe.

This applies only to conditions they actually knew of or should have known of in the exercise of ordinary care which cause harm naturally and normally and in the usual course of foreseeable events.

By the time you get out of the hospital the wheels are already in motion. If an investigation by the premises owner is not already complete, there will likely be an incident report, witness statements and photographs. Call us, let us get a finger in the dyke and start seeing what needs to happen to preserve your side of the case.

Healthcare Liability/ Medical negligence

If you feel isolated and marginalized after a healthcare provider has injured you, your feelings are probably pretty accurate. You have to notify the potential defendants and get one or more experts to give opinions, write reports, and be prepared to give depositions and testify, at trial in most cases. Local experts are not likely are not likely to weigh in on your side. You must show that substandard medical care was a foreseeable cause of your injury. This means hiring one or more experts to present opinions at trial. The expense in and of itself makes many medical negligence cases unfeasible to prosecute given the likely range of recovery. How will you know if you have a case and if it is economically feasible to pursue it? Call us and make arrangements to have us screen it and prosecute it if it is advisable. You would be amazed at the kind of things that are being included in healthcare liability claims these days. A nursing home patient with a brown recluse spider bite has a healthcare liability claim according to the Texas Supreme Court. Who will help you navigate thru the substantive true law, the procedures and the necessary expert opinions? Give us a call.

Product liability

Have you been hurt by an unreasonably dangerous product? Why is it dangerous? Was there a problem in design, manufacture or marketing? Was there an economically and scientifically feasible safer alternative design available when it was placed in the stream of commerce? Was it used by competitors, by the manufacturer in another market? What went wrong? Were their instructions adequate, the warnings that come with it? Was it modified or used as intended? Was a component of the product to blame? What kind of documentation was created? Does it still exist? Was it destroyed when the manufacturer should have known a claim was coming? Are there any recalls. How are you going to get through the minefields? Call us!