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Car Accidents And Lawsuits

Car accidents quite frequently end up in lawsuits. There are several reasons for this. The reasons that people sue are oftentimes very good by most people’s judgment. Consider, for a moment, what a car wreck actually means.

Automobiles Are Expensive Property

Cars are expensive. When you get in a bad wreck, you’re likely taking a huge financial hit, possibly out of no fault of your own.

Cars Are Vital Transportation

Losing your car-or your ability to drive because of injury-can have significant consequences for your life. You cannot get to the store easily, cannot get to work easily and cannot take care of everyday needs. The loss of your car costs you much more in dollars than merely the cost of your car itself.

You May Have Medical Expenses

Medical expenses are among the most significant financial damages that people who are in wrecks suffer. These expenses can range into the tens of thousands of dollars or more. Your car accident attorney can help you get all of this together.

There May Be A Wrongful Death

Wrongful death lawsuits are designed to help the family of the deceased. Unfortunately, car wrecks end up causing far too many deaths every year. Wrongful death lawsuits usually involve pursuing sums for the loss of the deceased’s ability to earn, their contribution to the family and the pain and suffering that the family was put through.

There May Be Pain and Suffering Involved

Suing for pain and suffering is legitimate. The pain and suffering that people who are in car wrecks endure is legitimate and, because of that, it is possible to seek compensation for it. This category is one of the hardest to sue over because it’s hard to quantify this in dollars. Your injury lawyer can help you with this and will make sure that you seek enough.

Watch Out For Unfair Settlements

There are some cases where the defendant will approach you and want to you take a settlement rather than going after them in court. This is usually a pretty cynical calculation on their part, but it’s sometimes to your benefit, as well. The settlement will be calculated to be enough to get you not to pursue the lawsuit and to satisfy most of your claims but will save the defendant the cost of going to court. Talk to your attorney if you’re offered a settlement. The other party may try to go behind your attorney’s back but you get no benefit from this and the defendant may well end up taking advantage of you in this way.

Talk to an attorney right away if you believe that you could sue over a car wreck. There are limitations on how long you can wait. Your attorney will let you know how long you have to decide whether or not to file the lawsuit. If they take you on as a client, they can do a lot to make sure your case is represented as competently as possible. They may be able to reconstruct the accident and take other measures to get at the truth. There is a chance that you could get substantial compensation.

The Law Offices of Blaine A Tucker offers FREE consultations to victims of car accidents. Call us at 713-771-5453

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How Lawuits Can Get Ruined

If you’re involved in an accident with a commercial trucking or similar company, there are ways that they can make it very difficult for you to win your claim. You need to be aware of this right away. It will be in the company’s interest to make certain that they take every measure possible to lessen your chance of winning a lawsuit against them for negligence. The best way to stop this is to contact an experienced personal injury attorney right away. If you move quickly, you can sometimes stop the trucking company from taking actions that could make it harder for you to win in court.

Supporting Evidence

Remember that, when you go up against the trucking company in a courtroom, you need to have evidence to support your claim. This is why you need to go with an attorney who has experience dealing with vehicle accidents and, specifically, trucking accidents. The trucking company will have legal representation who can reconstruct the accident in a way that makes it seem like it was entirely your fault or, at least, like the driver employed by the trucking company was not specifically at fault or negligent.

If you have a good attorney, they can do the same for you. They can reconstruct the accident and demonstrate to the jury using scientific evidence how the trucking company or the driver under the employ of the trucking company was negligent and how that led to your accident. The most important thing you’ll need, however, is all of the data from the crash. The trucking company may end up destroying valuable documentation that could bolster your case. They don’t do this illegally; they are allowed to destroy records on a regular basis just as is any other business. The problem is that some of those records that they are allowed to destroy may be important to your claim. Your attorney can stop them from doing this.

Multiple Car Wrecks

There are scenarios where it may not be readily apparent whose negligence led to your car wreck. For example, some people drive incredibly negligently around semis. They may, for example, tailgate you to such an egregious degree that they force you to merge into a freeway lane when you should have yielded, causing a wreck with a semi. In these cases, you need an attorney to help you determine who was negligent. Remember that, in these cases, it may be very easy for the trucking company to find a way to pin it on the other driver, ruining your case against them.

Remember that you’re up against a corporation when you take on a trucking company. What that means is that the entity that you are suing and the people who represent it aren’t spending their own money to defend themselves against the claim; they may have their insurance company’s backing as well. They can throw a great deal of money at their defense, which means that you need an attorney who can see through these types of tactics. Talk to a good Houston vehicle injury lawyer and they should be able to let you know whether or not you have a chance of winning a lawsuit and what you need to do to make certain that the trucking company doesn’t lessen your chances of winning.

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The Law Offices of Blaine A Tucker offers FREE consultations to victims of Trucking and Vehicular accidents Call us at 713-771-5453

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Suing Retail Establishments

Suing over injuries sustained at a retail establishment is sometimes the only option the victims have to move on with their lives. These lawsuits are sometimes cast as frivolous in the media; oftentimes by industry advocacy or tort reform groups that have an ulterior motive. The truth about these injuries is that they are sometimes very serious. When you consider how hard the floors are at most retail establishments, it’s easy to see how seriously someone could be injured in a slip and fall accident.

Recent Lawsuits involving retail establishments

There are always lawsuits going on over these situations. A woman in southeast Texas recently sued one of the largest retailers in the nation over such a situation. Her lawsuit alleges that there was a power outlet that was protruding from the floor, that she tripped on it and that she was injured. It is further alleged that the owner of the store knew about the problem, knew that it posed a real threat and failed to do anything about it. This is precisely negligence and that is why the woman is suing.

Liability and Risk

If you take a risk that makes you negligent, you cannot sue the retailer. For example, if you pulled the outlet out of the floor at the above-mentioned retailer’s establishment and tripped over it on your own, that’s really not their fault. If you run down a stairway and slip and fall, it’s likely not their fault, either; stairways are made for walking. You have to have been doing nothing that put you at undue risk to sue someone over one of these cases.

An attorney can help you to determine whether or not a lawsuit is appropriate in your circumstances. If it is, they may want to represent you if they think that they’re the right professional for the job.

What Do You Sue For?

Personal injury claims require that you break down your injuries and other ways that you came to harm, quantify how much they cost you in dollars and offer that amount as your desired jury award. Your attorney will help you do this. You could end up suing for, among other things:

  • Pain and suffering
  • Medical expenses
  • Lost wages
  • Wrongful death

Your personal injury attorney will help you to determine what applies in your case. There are definitely a lot of factors that go into determining how much to seek in a lawsuit. Your attorney will have to give you guidance in this matter.

Getting Started with a slip and fall lawsuit

Contact an attorney right away. This ensures that you act in time and that you don’t miss your opportunity to file a lawsuit because of time limitations. Your injury attorney may want to meet with you right away, but this doesn’t mean that they’re taking your case. They’ll have to get all the facts before they can make this determination.

Remember that your attorney is there to help you. If the retailer offers a settlement to get you not to sue, be sure you contact your attorney and that you don’t take it before you consult with your lawyer.

The Law Offices of Blaine A Tucker offers FREE consultations to victims of slip and fall accidents. Call us at 713-771-5453

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Motorcycles and Negligent Drivers

Motorcyclists are in a great deal of danger when they’re out on the road. Contrary to popular belief, they handle well, are much more agile than a car in many situations and, if the rider wears appropriate safety gear, most motorcycle wrecks do not result in death. What kills motorcyclists is the negligence of other drivers.

Wrongful Death and Negligence of Car Drivers

There are two very common types of wrecks that motorcyclists should be aware of. The first is having a car turn left in front of them, causing the rider to either have to evade the vehicle by crashing their own or causing them to go over the hood of the turning vehicle, potentially killing them. The second type of wreck that motorcyclists tend to get in are ones that involve vehicles not yielding the right-of-way at stop signs or yield signs because the driver didn’t notice the motorcyclist. Either of these scenarios can easily be pinned on the negligence of the driver behind the wheel of the car.

Motorcyclists have as much right to the road as any car. You’ve probably seen the popular bumper stickers that say, “start seeing motorcycles”. Those bumper stickers are designed to remind drivers that they’re not just looking for cars when they pull out into traffic, make a left turn, merge into a right lane or take any other action that could easily crowd a motorcyclist they don’t see off of the road. Not seeing other drivers on the road can easily be construed as negligence. When you are behind the wheel of a car, you are expected to behave in a safe and reasonable fashion to other drivers on the road. Those other drivers include motorcyclists.

Getting hit by a vehicle while you’re on a motorcycle can easily kill you. If you’ve lost somebody in your family or if you have suffered injury because a driver was negligent, contact an attorney.

What Can an Attorney Do?

The first thing that an attorney can do is take a look at the circumstances of the wreck and see what happened. If you’re dealing with a skilled personal injury attorney, they’ve probably seen the same kind of wreck you’ve been involved in before. There are some classic motorcycle/car wrecks that attorneys tend to see over and over and, when they see certain characteristics of the accident represented in the reconstruction, they can sometimes lock right on to where the negligence was a factor.

If somebody hasn’t respected your rights on the road, don’t let them disrespect your rights in court, either. Get an attorney. The medical expenses you’ve suffered, loss of property, potential loss of wages, pain and suffering, impacts upon your quality of life and, if the situation is as bad as it could possibly be, the loss of somebody you love, are all reasons to seek compensation in court. Speak with a good Houston personal injury lawyer right away; there are limitations on how long you have to take action in one of these cases.

The Law Offices of Blaine A Tucker offers FREE consultations to victims of motorcycle accidents. Call us today at 713-771-5753

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When Is Medical Malpractice Worth Investigating?

Personal injury attorneys can help you with medical malpractice claims. In Texas, the limitations on these cases are specific and somewhat severe, so you’ll need an attorney who understands how to navigate these laws. There are some basics you can go with to help you decide whether or not you should speak to an attorney.

Breach of Duty

Medical malpractice happens when a doctor breaches their duty to their patient. This can mean giving treatment that was incorrect or that should have been known to be ineffective, not giving treatment when it was obviously required or missing a diagnosis that should have been caught. There are other situations that constitute malpractice, as well, but they all have in common the fact that you must have been injured. You could have been injured physically, financially or otherwise before you can sue.

If you have been injured, you should talk to an attorney. Remember that there’s no risk in just talking with a personal injury attorney about the matter during a free consultation. They may not know after that consultation whether or not they want to take your case, but they can get the basics of it and investigate it further as they need to determine whether they think they could help you.

Wrongful Deaths

Medical malpractice causes far too many deaths. Wrongful death lawsuits are designed to help the family and other survivors of the deceased. They sometimes net large sums of money-into the millions is not uncommon-because of the trauma to the family, the horrible situation that the doctor’s negligence caused and, from a practical standpoint, because the family lost someone that provided support, financial or otherwise. If you’ve lost someone in your family and suspect that medical malpractice may have played a part in that loss, talking to an attorney is highly advisable.

Dentistal Malpractice

Dentists can commit acts of medical malpractice. If you’ve suffered because a dentist breached their duties to you, you should speak with an attorney. They may be able to help you go after the dentist for damages. Breach of Duty could include faulty surgery, excessive medication, permanent damage caused by dental surgery etc.

Alternative Practitioners

Alternative practitioners-including chiropractors-have been sued successfully for malpractice. There are limits to who can legitimately be called a healthcare professional and upon who can actually say that they’ve taken on a patient, of course, but you should speak with your attorney about any situation involving an alternative practitioner and possible malpractice.

A Texas personal injury attorney will be able to give you good advice. They’re not just going to tell you to sue in every situation. What they’ll do is take a look at your situation, get advice from experts and see if they think that they can render you effective legal services and help you get compensated. There’s no reason that patients should have to suffer when doctors are incompetent or negligent. Talk to an attorney and see if they can help you bring a lawsuit against a doctor who wronged you by incompetent action or inaction and that left you paying the cost of that negligence.

Call Texas Board Certified Personal Injury Trial Lawyer, Blaine A Tucker at 713-771-5453 for a FREE Case Review

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Suing For Personal Injuries In Houston

The law provides lawsuits as remedies to those who have been physically, financially or otherwise harmed by the negligence of another. This ability to accommodate lawsuits on the part of our court system is one of our most vital legal rights. It allows us to pursue those who take actions that cause harm or that fail to take actions that could have prevented it when any other reasonable person could have been expected to act effectively.

Talking to a Personal Injury Lawyer

Suing over a personal injury claim can be done for many different reasons. It may be that a driver struck you in traffic in a way that was the result of their negligence and you need a way to get compensated for the damage and injuries they caused. You may have slipped and fallen on a floor at a retail establishment that was negligent in not cleaning up a spill or in flagging a wet and dangerous floor. You may have been injured by a physician that breached their duty to you as a doctor by providing you with the wrong treatment. A personal injury lawyer may be able to help.

How Can Injury Attorneys Help?

An Attorney can rely on their own expertise and the expertise of others to represent you and your rights. They may end up hiring medical experts to bolster your testimony in a medical malpractice case. They may reconstruct a car wreck and find out just how the other driver was negligent and how you came to harm. They utilize their experience and their creativity to find solutions for you and they use their ability to construct effective arguments and to demonstrate the truth of a situ ation to a jury to go after the other party in court.

When you’re offered a settlement that is nothing more than a cheap attempt to buy you off, your attorney will know and will either help you negotiate it to an acceptable level or at least recommend that you turn it down. When you’re getting ready to go to court your attorney will prepare you for what the other side’s attorney is likely to throw at you and make sure you’re not taken off guard. Attorneys provide an array of services to their clients. Getting you ready to deal with the other side is among those services and you can be sure that they’ll have you ready for anything by the time you go to court.

Personal Injury in Texas

Texas has its own structure where personal injury and liability law is concerned. Having an attorney who understands it inside and out is paramount toward maximizing your chances of success. If you’re not sure whether you have a lawsuit that’s worth pursuing or not, an attorney can help you make that determination, as well. Talk to a Houston personal injury attorney and see what they think about your claim. No matter what happened to you, they’ve probably seen similar situations before and can help you to start getting underway with seeking damages for what you’ve been through.

Fro FREE Case Review, call Houston Injury Lawyer Blaine Tucker at 713-771-5453

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Settlements: Good Reasons To Trust Your Attorney

One of the options that wealthy individuals and businesses have when they’re facing a lawsuit is offering the party that wants to sue them a settlement. The settlement will be calculated to be enough to entice the suing party to take it but not so much that it would end up being more than the defendant would be found liable for in court. This calculation is something that does not take the person filing the lawsuit or their interests into account, of course, and you need a personal injury attorney if you’re given such an offer.

What Your Attorney Understands

If you know anything about law, you probably know that past cases establish precedents that guide future applications of the law. Where personal injury attorneys are concerned, what has happened in the past is very important. It provides one of the guidelines that they can use to determine how much you should seek in damages.

The attorney will take a look at these past cases, your situation and any other information that is relevant and come up with a figure. This figure will be chosen for being realistic, fair and because it provides you and your family with adequate relief from your suffering and your financial damages to an acceptable extent.

Your attorney will be able to take a look at the figure you were offered and see if it’s a sincere offer to make things right and to save you and the other party the costs of going to court or if it’s an insult being offered to you because the other party decided that you probably wouldn’t know any better. Your attorney will know the reality of this situation. If they see a good offer in front of you, they’ll tell you that it may be a good idea for you to take it. If the other party is offering you something less that you deserve, you’ll know.

How Settlements Work

You can be offered a settlement almost up to the second that your trial begins. If the other party comes forward with one directly to you, you need to talk to your attorney about it. If you have an attorney, it’s in the defendant’s interest to go around your attorney and to negotiate directly with you and you can be sure that they know as much.

Your personal injury attorney will help to negotiate the sum. They will not take a settlement without your consent and any attorney who did so would open themselves up to being sued by their former client. The ultimate decision will be your own. The attorney will tell you what your best options are and what they think your odds of winning more in court actually are.

Trust your attorney if you’re in a situation where you’re being offered a settlement and if you’re not sure whether it’s worth taking or not. A good personal injury attorney can make sure that you at least know the reality of the situation and whether or not it’s a respectful offer.

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Malpractice Claims, Politics And Limitations

Like many states, Texas has limitations on how much you can add to a medical malpractice claim for pain and suffering and related damages. According to an article in the New York Times, these types of limitations are being pushed at a national level. Measures that would limit the amount of money that could be attached to a medical malpractice claim for pain and suffering to $250,000. This limitation, according to the article and many experts, is woefully inadequate given what some malpractice victims are put through.

The Nature of Medical Malpractice

For many victims of negligent doctors, the financial damages they suffer are not as significant in their memories as are the pain and suffering that they are put through. This pain and suffering can be more than unpleasant. In some cases, it can be severely traumatic. The pain and suffering that patients are put through by doctors who are negligent generally has one characteristic in common between each of the different incidents where it occurs: it never should have happened.

In some cases, pain and suffering are parts of life-saving treatment. The pain that people who need dialysis, chemotherapy, surgeries and other procedures go through is something that everyone understands and that patients agree to endure because of the potential benefits of the procedures they’re being given. When those procedures are not necessary, however, or when they actually bring the patient to further harm, then there is sometimes cause to sue for malpractice.

How and Pain and Suffering Cost Money?

Pain is one of the most underestimated forces in the world. Pain can make it impossible to work, impossible to relax, can reduce a person’s quality of life to the point where they question whether it’s even worth living anymore and can affect everyone around the victim in many different ways. Severe pain and suffering can be as severe and debilitating as any other medical condition and, for that reason, attorneys sometimes encourage their patients to sue for pain and suffering when their doctors are negligent.

The limitations being suggested by Congress are very austere. They would make it impossible for some victims of medical malpractice to be compensated as they deserve to be. The justification being given for imposing these restrictions is that they would lower the cost of healthcare, even though tort reform has been demonstrated over and over to not have a substantial effect on healthcare costs.

Talking to a Medical Negligence Lawyer

If you’ve been caused pain and suffering by a negligent doctor, speak to a medical malpractice attorney. They may be able to help you get compensation for what you’ve been put through. Texas medical malpractice attorneys can help you to deal with the state’s limitations on medical malpractice claims and ensure that you get the compensation you deserve. While politicians may want to interject themselves into these matters, malpractice is between a patient and a physician and, when that patient is made to suffer, suing is one of their rights.

Houston Medical Malpractice Lawyer Blaine A (Bat) Tucker offers a FREE case review at 713-771-5453

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Drunk Driving Accidents

Is a Drunk Driver Negligent?

One of the things that sometimes confuses drivers who are debating filing a lawsuit is whether or not they can sue someone who has been convicted of a crime. You can, in fact. It’s possible to be a convicted drunk driver and to still be sued for negligence. A personal injury attorney can help you to determine whether or not this is an option for you.

Suing for Damages In a Drunk Driving Accident

When you sue someone in a personal injury claim, your first concern should be getting the money back that the injury caused you. This will involve your attorney determining how much you can realistically ask for. Your lost wages, property damage, medical expenses and other expenses are all calculated into this equation. The thing to remember is that, even though the drunk driver may be facing jail for what they did, that doesn’t really do anything to help you recover from the financial damages that they did to you.

Pain and suffering will usually be added to these claims. This is calculated to compensate the victim for what they’ve been put through as a result of the wreck on a personal level. Presumably, whatever suffering the victim endured may have not even happened if the driver that struck them hadn’t been negligent. Your injury attorney will help you to determine how much to seek for pain and suffering that resulted from the drunk driving accident.

What About Negligence?

Negligence has to do with taking reasonable care to preserve the safety of others. When you’re on the road, being drunk behind the wheel is most certainly negligent. Other drivers on the road should be able to expect that everyone else adheres to the law and that they do not willingly and unnecessarily endanger other drivers by doing things such as driving drunk. When drivers do end up taking to the road under the influence and hurt someone, they may be held liable for negligence, in some cases.

Getting Started

Even if the driver that injured you is already in jail, you should speak with an experienced personal injury lawyer about your options. There may be more options for you than you’d imagined. In the case of some claims, the other driver will actually offer to settle because they want to avoid court costs and because they’re convinced that they’re going to lose the claim, anyway.

Your personal injury attorney may be able to get started on your case right away or they may need some time to review it to determine whether or not you have a good justification for filing a lawsuit. If they believe that you do have reason to file a lawsuit, you’ll want to make the decision without delay. There are limitations on how long after the fact that you can actually seek compensation.

For a FREE case review, call Houston Personal Injury Lawyer, Blaine A. (Bat) Tucker at 713-771-5453

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What If You’re Injured At Sea?

Maritime law has always been complex. It has its own features and, because of that, you have to work with a lawyer who is familiar with it if you want to sue over injuries at sea or for other reasons. A personal injury attorney who understands maritime law, however, may be able to help you in the event that you’ve been injured.

Workplace Injuries that happen at Sea

Just as is the case on land, there are laws and regulations that govern workplace safety standards for those who work at sea. If you are injured or are brought to harm otherwise because of the negligence of a company, you may be able to file a lawsuit and get compensation. There’s no way to determine what the outcome of a jury trial will be before a jury actually hears your case argued but, if you have been injured, talking to a personal injury lawyer is always a good idea.

Other Injuries at Sea

There are plenty of firms out there that provide entertainment such as cruises, fishing trips and so forth. These companies are responsible for the safety of the people that they bring out to sea. Most of these companies will have waivers that you’ll have to sign to participate in their offerings but don’t for a moment think that signing a waiver means that you’ve absolved the company off all their responsibility for your safety when you’re on their boat or ship.

Negligence still may be something you can sue such a company over, even if you have been persuaded to sign a waiver. There are definite limitations on how much of a shield from negligence that a company can get by making people sign waivers. If you’ve been injured and you believe that the company that took you out to sea was negligent in a way that caused you or your family member harm, consider speaking with an experienced maritime lawyer like Blaine A (Bat) Tucker.

Working with an Admiralty Law Attorney

A Texas personal injury lawyer who understands maritime law may be able to help you if you’ve been injured at sea. There are some things that you should keep in mind before you talk to such an attorney.

First, the company responsible for your injuries may offer you a settlement. Shipping and cruise companies have generally a lot to lose due to bad publicity, so their initial offer may be rather large. Don’t take it without talking to an experienced injury attorney first. The attorney may be able to get them to offer more or they may advise you to pass it up completely because it’s a tactic to avoid going to court on the part of the company.

The company may also claim that you cannot sue them because the incident occurred somewhere at sea where US law does not apply. Never believe this. Talk to an experienced attorney who specializes in Admiralty Law and ask them whether or not you can sue. Asking the shipping company’s representatives if US law applies is exactly the equivalent of asking a fox if a henhouse is safe.

Make sure you talk to an attorney soon. There are limitations on how long you have to act in these cases.

For a FREE case review, contact the Law offices of Blaine A Tucker at 713-771-5453

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