Tag: Personal Injury Attorney Corpus Christi Tx

A Corpus Christi Car Accident Lawyer Explains Why Negligence Can Lead To An Auto Injury In TX

Corpus Christi Car Accident Lawyers Discuss How Negligence Leads To Auto Injuries In Texas

Have you had the misfortune of being involved in a Texas auto accident and suspect that another person was to blame? This article will discuss a number of typical ways in which the negligence of other parties or their intentionally reckless acts produce serious car crashes. If you are in need of legal representation be sure to visit with a car accident lawyer Corpus Christi professional at the Law Office Of Jerry J. Trevino.

Driving While Distracted

According to data, driver error is the cause of more auto accidents in this country than any alternative explanation. Most frequently, driver error is caused by driving while distracted. Among the most common sorts of distractions that affect those behind the wheel are things such as:

* Conversing on the telephone
* Texting while driving
* Grooming
* Reading
* Drinking and eating
* Grabbing for a fallen object
* Mediating arguments between kids
* Fiddling with the radio or climate controls

There is no doubt that all of these have the ability to get a motorist’s attention away from where it needs to be. Just a few seconds of distracting behavior has the potential to cause a collision. If your crash was characterized by one or more such factors, there may be an actionable liability on the part of the other driver.

Failed Navigation

It is sometimes the case that a driver is unsure about where they are going. When this happens, they may drive far too slowly, turn without signaling, make a sudden stop or fail in their duty to yield. Negligence may indeed be the case if a driver’s navigational difficulties were to blame for your accident and subsequent injuries.

Impaired Driving

The problem of vehicle operation while impaired or intoxicated has reached very serious levels. Drivers who engage in this type of dangerous behavior need to be held responsible for the harm that results, including injuries sustained by their victims. A car accident lawyer that Corpus Christi residents can trust, will work hard fighting for the compensation you need and deserve in the aftermath of this type of event.

Driving While Fatigued

It has been found that driving while fatigued is similar in the danger posed to others as driving while intoxicated by drugs or alcohol. Drivers who are suffering from fatigue, lack the alertness and quick reactions necessary to make unanimous decisions that can potentially save somebody’s life. If your accident was likely caused by a fatigued driver, it is possible that they can be found negligent and at fault for the injuries and other losses you had to experience.

Rolling Stops

Drivers who fail to make a complete stop when necessary are often to blame for car accidents. It is possible for drivers who drive past a red light to cause major injuries to others and to be held negligent.

Excessive Speed

Texas sees an unacceptable amount of speeding on its roadways, the result of this is commonly serious collisions that leave individuals devastated. If your crash was marked by another driver’s excessive speed, it may be possible to secure substantial compensation for the harm done.

Following Too Closely

Life these days is hectic, causing too many drivers to tailgate behind the next vehicle. Even following too closely at a seemingly slow speed can produce real harm including whiplash, to other drivers if a collision takes place. It is best to get in touch with a lawyer to legally represent your case.

Reckless Operation Of A Vehicle

Negligence is often quite evident in cases that involved reckless driving. This type of conduct could include pulling a car out quickly in front of someone else or speeding in construction zones. A seasoned legal advocate can review crash reports and other facts to assess whether the reckless operation of a vehicle was likely to blame.

Novice Drivers

Teen motorists present a different kind of danger simply because they are still adjusting to life behind the wheel and working on how to prevent common errors of judgment on the roads. Further, such drivers tend to cause accidents when faced with the treacherous weather. If you were harmed by a teen driver, compensation may be available.

Corpus Christi Lawyers List The Types Of Personal Injury Cases In Texas

Corpus Christi Attorney: Personal Injury Claim Categories

If a personal injury suit in Texas is something you are considering, the following paragraphs describe some of the most typical kinds of cases heard in this state.

Common Texas Injury Actions

When another party’s negligence resulted in injury to you or a loved one, there are grounds for you to pursue a legal claim. In such instances, it is often possible to recover payment for medical expenses incurred, lost wages, damage to your property, pain, suffering and other categories of loss. Texas plaintiffs regularly succeed in claims of this nature, though the process is not always simple or straightforward. You should speak with a Corpus Christi Personal Injury Lawyer if you are a victim of such cases.

Injuries From Auto Accidents

There may be a strong basis for a car accident lawsuit if another motorist was to blame for the harm you suffered in a collision. Texas utilizes a system of modified comparative negligence, meaning that fault is apportioned among the parties involved in an incident. You will be free to seek compensation provided your degree of fault is less than that attributed to the other driver. Bear in mind, though, that your recovery might be lowered by the percentage of blame assessed to you personally. Therefore, if the other motorist is found 60 percent responsible for what occurred, your monetary compensation will drop by 40 percent, your portion of the blame. Texas has also imposed caps on available recovery in an auto accident. You are able to receive the greatest of three possible amounts, namely:

* The sum of $200,000
* Two times the established economic damages plus another $750,000
* Two times the established economic damages plus non-economic damage amounts

Included in the category of economic damage are things such as lost wages, vehicle damage and medical costs. Payment for pain, suffering, lost relationships and the like are considered non-economic damages.

Slip, Trip, And Fall Incidents

When another party’s negligence causes you to slip or fall and sustain serious harm, it is often possible to secure financial compensation via a premises liability action. You may pursue claims with the property owner’s insurance carrier or commence litigation in the courts. It must be borne in mind that lawsuits of this nature need to be filed within the two years following the events in question. Victims may pursue payment for medical expenses, property damage, lost wages and more. When the blame lies partly with the property owner and partly with the victim, available compensation will be proportionately reduced. If you shared in the negligence that led to the injuries suffered, the amount of your recovery will be lowered.

Dog Attacks

When a dog bite causes you to experience serious losses, there is a good chance that its owner will be required to compensate you for that harm. In many situations, it will not matter that the dog at issue had no prior history of attacking others. Corpus Christi personal injury lawyers will be able to review the facts of your case to determine how best to seek financial recovery for your medical expenses, lost income, and other damages.

Product Liability Scenarios

There are many times when injuries are the result of defectively designed or manufactured consumer products. When this happens, it is incumbent upon victims to hold the makers of those items accountable. Categories of products that are frequently involved in this type of lawsuit include:

* Children’s toys
* Household tools
* Cosmetic devices
* Appliances
* Chemically-based goods

Seasoned injury lawyers in Texas understand what is required for a successful product liability lawsuit. In many instances, there are multiple potential defendants, including manufacturers, product designers, and entities involved in the chain of consumer distribution. While these sorts of matters are highly involved and can be challenging, a knowledgeable attorney will aggressively fight for every available dollar of compensation.

Contact A Corpus Christi Personal Injury Lawyer

Additional categories of personal injury claims exist, and it may be that you are entitled to payment for another type of injury that was negligently inflicted upon you. To learn more about your rights, do not delay in scheduling a no-cost consultation with a personal injury attorney in Texas. (361) 882-5605

Getting Compensated For Work Injuries With A Corpus Christi Construction Accidents Attorney

Securing Compensation For Workplace Injury Victims Alongside A Corpus Christi Construction Accidents Attorney

Though lots of different lines of work present the potential for serious physical injury, construction jobs and the construction industry, in general, tend to be amongst the most hazardous of all. Roughly 150,000 individuals experience on-the-job construction injuries every year, and the sector is responsible for the greatest number of accident-related deaths, based on OSHA data. Laborers in the construction realm must confront a series of distinct hurdles in terms of getting the compensation they deserve. Because accident sites in Texas tend to change quickly, key evidence is often disrupted in the aftermath of an incident. Litigation in this area of the law can also be challenging due to the numerous relationships that exist between contractors, subcontractors, employees, vendors, engineers etc.

What A Construction Accidents Lawyer In Corpus Christi Can Do To Help

The Law Office of Jerry J. Trevino is staffed Corpus Christi Construction Accidents Attorneys who understand construction site accidents and how best to secure the compensation that victims need. Because construction accidents are known for the devastating injuries they yield, many workers find themselves unable to return to work in their previous capacity, if at all. The financial difficulties that follow can be severe indeed. The construction attorneys with our firm align with subject matter experts able to conduct thorough investigations into what occurred and formulate convincing legal arguments on every client’s behalf. While numerous federal regulations exist in order to keep construction sites as safe as possible, not every party is familiar with them. Should you find yourself involved in an accident that has produced serious harm, the best way to obtain full and fair compensation is to form a relationship with an attorney who grasps the nuances of construction law. In most cases, workers compensation law will apply, so knowledge in this practice area is key.

Typical Corpus Christi Construction Site Accident Scenarios

Given our firm’s substantial experience with construction site accident cases, we are fully prepared to handle a variety of incident types, including those related to:

* Ladder falls

* Scaffolding collapses

* Construction equipment tip-overs and collisions

* Trench Collapses

* Defective machinery or equipment

* Electrical burns and shock events

* Explosives mishaps

* Slip and fall incidents on site

If a construction site accident ensnares you or a loved one, the medical expenses, lost wages, and reduced earning capacity going forward can be crippling. Catastrophic harm regularly comes from these types of incidents, and this can include spinal cord damage, traumatic injury to the brain, severe fractures, internal organ damage and even death. Our Corpus Christi Construction Accidents Attorneys engage in a comprehensive investigation of the facts at hand to determine any and all parties that may share in the responsibility. It may be that a workers compensation claim, as well as a third-party claim for damages, will both be applicable in a given matter.

The Intersection Of Workers Comp And Third Party Litigation

Though securing compensation through the worker’s compensation system does not demand that you establish negligence on the part of an employer, the end result is typically less compensation than a traditional injury lawsuit might bring. Thus, it is not uncommon for our firm to examine whether a third-party negligence claim might be available in addition to a workers compensation claim. There are many parties other than the claimant’s direct employer who may share in the blame for losses sustained. These might include:

* General contracting firms

* Sub-contractors

* Equipment manufacturers

* Engineers

* Architects

* Property owners

Make Contact With A Corpus Christi Construction Accidents Attorney

It is quite possible that our firm can assist in your quest to secure payment for medical costs, lost income, physical pain and suffering, emotional distress, spousal relationships, ongoing therapy and more. We will carefully assess the specifics of your event to determine precisely what might be recoverable on your behalf. A Corpus Christi construction accidents attorney with the Law Offices of Jerry J. Trevino is prepared to leave no stone unturned when it comes to searching for the truth and identifying every single negligent party. By establishing a strong working relationship with a seasoned construction accident practitioner in Texas, you can rest assured that your matter receives the attention and zealous advocacy required. Construction site incidents can alter the lives of victims and their entire families forever, and that is why nothing should be left to chance. Whether you are in Corpus Christi or a surrounding community, we stand ready to offer a no-cost initial consultation. Make sure to contact a Corpus Christi Construction Accidents Attorney right now for legal representation. Call us at (361) 882-5605.

What Documents Do I Need To Make A Personal Injury Claim?

Corpus Christi Injury Attorney: What Documents Do You Need to File a Personal Injury Claim?

A personal injury or accident claim requires several types of documents. The documents that you will need will be determined by the type of accident, the nature of the accident, the damage that was sustained in the accident and the injury that occurred. Consult your Corpus Christi Personal Injury Attorney to find out any further documentation that may be required and how to obtain the documents. Let’s take a look at the most common documents that are needed for a personal injury claim.

Police Reports

Police reports are public record and once completed are available to everyone. It is important to note that each accident may have more than one police report, especially if there were more than one law enforcement agencies at the scene of the accident. In addition to a police report, an accident reconstruction report may be made by the police department’s special division that responded to the accident. It is important to note that police reports are not conclusive; however, they are a great place for clients to start. These reports may lead to other reports that were prepared by agencies and labs that were used by the law enforcement agency that worked the scene of the accident.

Witness Statements

Witness statements are gathered by individuals who heard or saw the accident. Witnesses may also include persons that have relevant information about the accident, such as why the accident happened, the people involved and other witnesses who may not have been initially interviewed. Witness statements can be taken from different sources like the investigating police officer, law important agencies, federal oversight agencies with jurisdiction at the scene of the injury, the injured parties and their legal representation. The Federal or State Highway Administration may want the accident documented if the accident occurs on a federal or state highway. If the accident involves an airplane, the Federal Aviation Administration may also document the accident. As you can see, there are many different legal divisions that may have witness statements so you need to be thorough when gathering witness statements. Your Corpus Christi Personal Injury Attorney can provide guidance on the different agencies that may have gathered witness statements.

Victim Or Client Statements

One of the most important documents when it comes to an accident or personal injury claim is a victim/client statement. This document should be given when the victim can best recall the events surrounding the accident. Your Corpus Christi Personal Injury Attorney will work to find out if the victim has made a prior statement to any other party other than their team of legal representatives. It is possible that the client may have accidentally given information to another individual that could alter the value of their claim or even who is at fault. Our post-accident template will help you journal the way the accident has affected your life, including reduced daily capabilities, lost time at work, travel and medical expenses and pain and suffering.

Medical Reports

Medical reports including any emergency room visits, autopsy reports, rehabilitation reports and doctor reports should be gathered. These reports should include the period of time that the injured party was under physician care and should include all information about the injuries that were sustained during the accident as well as any ongoing issues related to the accident. Records of other parties in the accident may also be obtained. Furthermore, medical records can uncover pre-existing medical conditions that could have resulted in the accident, activities that the patient should not participate in and more. These facts can be extremely relevant to filing a claim. In addition to this, these records can help determine the amount of money that can be collected for medical treatments.

Photographs and Videography

Photos and videos of the accident can be extremely helpful. These may include images taken before, during and after an accident. Many locations have video cameras to help monitor traffic patterns, storefronts and more. These videos are typically time-stamped and will provide images relating to the accident. In addition to video footage, the photographs taken after an accident will help to prove the severity of the accident and the injuries that were sustained during an accident.

Private Investigation Reports

Private investigators are often hired by insurance companies or parties involved in the accident. If the private investigator is hired by a company the report will be obtained through discovery. Discovery states that all documents must be turned over to both parties before the case can be heard. However, it should be noted that most personal injury cases are settled before the trial thanks to discovery. Private investigation reports may show who was liable and provide more information than a police report.

For related content, visit our blog. To speak with a Corpus Christi Personal Injury Attorney, contact us today by giving us a call. (361) 882-5605

Corpus Christi Personal Injury Lawyer: What Is the Good Samaritan Law in Texas?

Corpus Christi Personal Injury Attorneys Cover The Good Samaritan Law In Texas

The phrase “Good Samaritan comes from the parable in the Bible has is used in the current legal world to refer to a regular citizen who helps another person during an emergency or following an injury. The Good Samaritan Act in Texas in important legislation that protects people who in consideration of others act in good faith. During an emergency situation, a regular citizen might decide to try to help another individual who is in distress out of a place of genuine concern. However, due to a lack of medical knowledge, the circumstances, or many other factors, sometimes Good Samaritans end up injuring the individuals they are trying to help. In some cases, the individual who received help from a good Samaritan might claim that the person causes damages or injuries. In the event you ever experience this type of situation, it is a very good idea to have some knowledge about what your legal rights are and speak with qualified Corpus Christi personal injury lawyers about your situation.

Good Samaritan Act In Texas

Although some state laws just dictate when a person may act in the role of a Good Samaritan, there are other states that have laws that protect Good Samaritans against negligence claims if the person acted in good faith. Both are covered by the Good Samaritan Act in Texas. The act states that an individual who administers emergency care in good faith in a hospital or emergency scene is not liable for civil damages for an act that is performed in an emergency situation unless the act was wantonly or willfully negligent.

Protection Of Good Samaritans

It is critical for individuals who act as Good Samaritans to make sure that they understand that the law protects them only when they act solely out of concern for another person’s safety and in good faith and not for a reward or any other kind of motivation. The Good Samaritan Act in Texas states clearly that this law doesn’t protect people who are seeking payment for emergency assistance they provide to other individual, people who were at an emergency situation for business purposes, or for selling services, or a treating physician or admitting physician of a patient who is making a health care liability claim. Jerry J. Trevino is an experienced personal injury lawyer with decades of ongoing experience. If you need to be represented, contact him today.

Examples Of Good Samaritans With Personal Injury Lawyers

  1. Car Accident

An automobile crash is one of the more common situations that can result in a Good Samaritan dispute. A bystander might witness that accident and instinctively rush in and try to help and in the process injury a driver accidentally while trying to extract the person from the car. Without having a Good Samaritan law, the driver could end up using the person trying to help them for negligence even though the person was just trying to help them. Another example might be an injured driver in a one-car accident who tries blaming a Good Samaritan falsely for causing their injury. Maybe the driver realizes that she or he is at fault for the accident and they try using the Good Samaritan to get compensation since there isn’t anyone else to blame.

2. Damaged Car Transportation

Another example could be a tow truck driver transporting a damaged car from the accident site over to the repair shop who could face liability if further damage is caused by the tow company to the car. Although the two company is trying to help the owner of the car, they are at the accident scene for business purposes, so they wouldn’t be protected from a lawsuit by the Good Samaritan Act.

Corpus Christi Personal Injury Lawyer: Personal Injury Damages 101

A Corpus Christi Personal Injury Lawyer Gives You Insight On The Damages In Your Case For A Personal Injury

As a resident of Texas, there is a good chance that if you were injured as a result of an accident, that you will want to investigate the possibility of getting paid damages for the injuries that you have suffered. Have your friends or family members have given you various opinions on what they think “fair” damages might be if you started a case? That is perfectly fine, but they are not attorneys, and so they don’t have the legal training for understanding personal injury damage laws in Texas. Although they might want to help you, they might unwittingly provide you with unwise and false hopes and information that can result in you not getting the compensation that you deserve and need. If you find yourself experiencing a situation related to a personal injury in Corpus Christi, it is extremely important that you take action and contact a Corpus Christi personal injury lawyer to represent your case. You do not want to put a halt on this because the longer you wait the more complex things could get. You should consider checking out the Law Office Of Jerry J. Trevino. We are here to help you get through his hard time in your life.

Bad Experiences With Personal Injury Damages

There have been radical changes, referred to as “tort reform” that have taken place when it comes to personal injury damages. This has resulted in the value of personal injury cases in the state of Texas being adversely affected. For instance, court and medical bill submission process changes have hurt many innocent victims along with their families. Making matters even worse, there are groups (who receive funding from insurance companies) who warn against “frivolous lawsuits” and “greedy lawyers” which helps insurance companies retain money and gain more control. What is the actual truth? In the state of Texas, there are two major types of damages for individuals who have sustained injuries in a personal injury case. These are human damages and economic damages. You need to have an experienced Corpus Christi personal injury lawyer to help you with this complex area of the law.

Noneconomic Damages

These are noneconomic damages. For instance, “pain-and-suffering” damages that are suffered by a victim due to an injury, are human damages. It isn’t as easy to point these types of damages as economic damages and frequently they will vary from one victim to the next. In the end, the injuries are what determine what qualifies as human damage. When it comes to personal injury cases, one of the main issues is the injury must be personal to the victims and members of their families. Keeping this in mind, the “jurors,” or independent parties, are the ones who ultimately value injuries and losses. They don’t personally know the victim or the family members, and most likely won’t want to be in court. In the state of Texas, due to complaints from the pro-insurance groups, frequently jurors are suspicious about the testimony from the victim regarding damages. If an individual is injured, it can be hard for them to view the situation through the eyes of the jurors.

Common Noneconomic Damages:

  • Physical impairment results
  • Disfigurement results
  • Physical pain and mental anguish
  • Loss of Consortium
  • No longer enjoying life
  • Loss directly related to a person’s reputation
  • The personal injury alone
  • Suffering & Pain

Economic Damages

According to tort law in Texas, monetary damages are given to personal injury victims as financial compensation for the injuries they have sustained from an accident. Typically financial compensation refers to lost wages as well as medical expenses that are necessary for treating the injuries. If you were taken to the emergency room by ambulance and then requested more care from your doctor that would be eligible for financial compensation. Or, if you were so seriously injured that you could not work and lost wages as a result, those types of expenses also would qualify If you had other medical expenses such as testing, doctor visit charges, and medication that all were required due to the injury, they would also qualify. These charges will all fall under the economic damages category. To see if you have a potential case, check here.

Punitive Damages

At times, exemplary damages, which are also called punitive damages, may result. Politicians in Texas have worked to reduce or eliminate exemplary damages in the state of Texas. This has resulted in there being a much harder burden of proof that must be med, and most cases don’t meet the conditions for submitting for punitive damages. Therefore, the act of the defendant’s must be disgraceful in order for there to be a granting of punitive damages.

Call or contact Jerry J. Trevino for legal help today. Check our blog for related content.

 

A Corpus Christi Personal Injury Lawyer Elaborates On What Personal Injury Law Really Is

What You Need To Know About Personal Injury Law In Corpus Christi

A person who is assisted by personal injury-law is a body of the law which allows the injured individual to recover if the person’s injuries were caused by negligent omissions or actions of another corporation or person. The personal injury laws stem from a basic principle which involves that each person must have a “duty” to handle themselves in such as way that they do not cause injuries to others. In the way of failing to conduct themselves in the way that would have prevented someone’s injuries or not taking the necessary actions to avoid harming someone, the person is classified as negligent as well as breaching their responsibility of care, which makes them therefore liable for harm that has been done.

What Must Be Proved In Order To Win A Personal Injury Case?

According to Corpus Christi Personal Injury Lawyer, the elements that must be proven for personal injury cases include:

  • Damages
  • Duty
  • Proximate Cause
  • Breach of Duty

The legal system will hold corporations and people liable for negligence in the way of ordering them to pay a monetary value that the jury determines that will fairly make-up or what “compensates” them for the losses and harms that the negligent conduct has caused. An injured person will bear the “burden of proof.”

What Does Duty Mean In A Personal Injury Law?

A “duty” is described as a type of legal obligation when it comes to acting or not acting in a specific way. Each person of a sufficient mental capacity or/and age to comprehend their duties has a duty to avoid acting negligently. If you have acted in the way that is regarded as negligent, then you would have breached your duties to not act in a negligent way.

What You Need To Know About Negligence

According to Corpus Christi Personal Injury Lawyer, “negligence” is when a person fails to exercise care that is reasonable. In terms of the personal injury claims, the entity or person who has been proven as negligent will usually be held responsible when it comes to compensating a victim that was injured. In another way, it can be said that every person has a “duty” to exercise care that is reasonable.

What Does The Term “Reasonable Care” Mean When Dealing With A Personal Injury Case?

The expression “reasonable care” is explained as a care that ordinarily prudent persons should exercise under similar or the same circumstances. In the personal injury cases, a person is typically found negligent when they have failed their duty in order to provide “reasonable care”, which ultimately leads to another person’s injuries.

What Does Proximate Cause Mean?

Proximate cause is described as a type of cause which was classified as a factor that is substantial that contributed to bringing out the event, and without this cause, the event would probably not have happened. What this basically means is that if this factor had not occurred, the remainder of these events would not have played out, and the victim would not have sustained injuries. When a person has been proven to have failed to exercise “reasonable care” which has thereby resulted in causing another injury, the person might be held accountable to the individual that the damage was done to.

Understanding The Meaning Of “Damages” In Personal Injury Law

The term is known as “damages” is a reference to harm that has been done resulting from negligence. What is recovered from damages is something that is not classified as unlimited. This law allows for the recovery of specific elements associated with the damages. The common damages that include suffering and pain, lost income, medical bills, mental anguish and physical impairment and scarring. For detailed discussions about what you cannot and can recover, please refer to our “Questions About Damages” in the section below.

What Is A Personal Injury?

Personal injuries are classified as all types of emotional or physical harm that an individual incurs and in certain cases harm to a person’s reputation. Physical harm can include anything from the minor injuries to death.

Meet our wrongful death attorney in Corpus Christi. Make sure to Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles

Wrongful Death Lawyers In Corpus Christi Explain How To File A Wrongful Death Lawsuit

Understand How to File a Wrongful Death Lawsuit With A Wrongful Death Lawyer

The death of a loved one due recklessness, neglect, or willful acts of another reason, entitles any aggrieved surviving family member to wrongful death compensation. The surviving member can file wrongful death lawsuits against the party involved. The lawsuit is filed in the civil court, where the number of damages the family is entitled to owing to the untimely demise of their loved one is determined. Additionally, based on the damages that the family is entitled to, a monetary compensation is determined.

Grounds For Filing A Wrongful Death Lawsuit

For the family of the deceased to file a civil lawsuit, they must have legal grounds. These are legally supported reasons for one to make a claim. For wrongful death lawsuits, the grounds of the lawsuit need to be that the deceased lost his or her life due to the negligence or intentional actions of the accused. Another aspect of the suit is that they should be an emotional and financial impact on the surviving family. As such, the surviving family members need to establish two things, if they are to be successful in their lawsuit:

  • The death of the demised was indeed caused by the recklessness, deliberate act, or negligence of the accused party and that the death of demised was not caused by their inaction or the action.
  • The surviving members have to show that they have suffered measurable damages due as a consequence of their loved wrongful one’s death.

Among the most common causes of wrongful deaths lawsuits include death caused by automobile accidents, medical malpractices, work-related accidents, and any unlawful acts that occur as a crime was being committed.

1. Who Has The Right To File A Wrongful Death Lawsuit?

This is defined by state laws. However, in all states, surviving children and a spouse can file a wrongful death lawsuit. In other states, extended family members, such as siblings and grandparents can file such lawsuits. Do you have a case? Check this link.

2. Probate Is Necessary For Filing For A Wrongful Death Lawsuit

Another requirement for these kinds of lawsuits is that the surviving family members must open a probate estate, which will allow them to sue on behalf of the deceased. In cases where there are surviving children, the court may require that a guardian is appointed. The guardian will look out for the best interest of the children.

3. The Types Of Damages The Suing Party Can Collect

After establishing that the death of their loved one was caused by a wrongful act, the suing party can collect these types of damages:

  • Medical bills as well as burial expenses
  • Compensatory damages for the lost wages the deceased would have earned if he or she were to live their normal life expectancy
  • Compensatory damages associated with the pain and suffering the surviving member endured due to the due to the absence of their demised loved one.
  • Punitive damages which are meant to punish the person who caused the death of their loved one. These damages are meant to discourage such similar behavior. However, you should note that not every state has a provision for this kind of damages.

It is also to every state has a statute of limitation for this kind of lawsuit. This is the length of time that you can wait before filing a wrongful death lawsuit. If you wait too long and the statute of limitation is passed, you can no longer file such lawsuits. Therefore, if you believe that a loved one died due to negligence, deliberate acts, or recklessness, consult Corpus Christi Wrongful Death Lawyers to attain a better understanding of your legal rights and what you should do.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

 

Important Things Business Owners Should Understand About Premise Liability

An Introduction To Premise Liability For Business Owners

If you own a business, you most likely already are well aware of the risk of having someone slip or fall at your place of business. These types of accidents are notorious for causing lawsuits. In fact, it is hard to turn on the TV without seeing a personal injury attorney talking about how they can help viewers file a lawsuit against a business if they were injured in a preventable accident. Slip-and-fall accidents are only one type of liability that business owners need to be worried about, however. There are a ton of other things that can go wrong that could leave you open to a lawsuit. Anytime someone enters your property, you are responsible for keeping them safe. That responsibility includes preventing any type of harm to the people who work for your business, to your customers, and to businesses or homes that are located next to your property. If you are wondering whether you have a case, make sure to check out our case page.

Understanding Premise Liability In Texas

As a business owner, you have a responsibility to make sure that your building and the surrounding property are safe and well-maintained. Any time employees, customers, salespeople, or vendors step foot on your property, they should be protected from harm. Even if people break-in or trespass, they still may be able to sue you if they are injured as a result of negligence on your part. In most cases, you are responsible from a liability standpoint even if you don’t own the building. Most landlords put a clause that frees them from liability in their leases, making the tenant responsible for any problems that occur on the property. As a result, any lawsuits against your landlord could wind up costing you since your lease stipulates that you are liable for accidents or injuries that occur on the property. It is important that you understand the fundamentals of premises liability texas regulations.

Things That Can Go Wrong With Premise Liability Accidents In Texas

Apart from slip and fall accidents, there are countless things that can go wrong. Premise liability Texas covers a wide range of accidents and mishaps. For instance, if someone is attacked on your property by an employee or by another customer, you could be held liable. Similarly, if your equipment malfunctions and injures someone or if hazardous runoff from your property affects a nearby home or business, you are on the hook in terms of liability. What it really boils down to is that you can be held liable for any type of accident, damage, or injury that could have been prevented by your actions. If you do wind up facing a lawsuit over premise liability, it could negatively impact your business in a number of ways. Not only can it harm your company’s image but it can also leave you facing steep legal fees – some of which may not be covered by your liability insurance policy.

Safety Should Be A Top Priority

Although there is no way to prevent every accident, there are steps that you can take to protect yourself. One of the most important steps is to purchase a liability insurance policy for your company. These policies are relatively affordable and provide a significant amount of coverage. A good insurance policy can help protect you if an accident does occur. Once you have an insurance plan in place, you should take the following steps to make sure that your property is as safe as possible:

  • Perform regular inspections of the premises

It is absolutely essential to make sure that your property is completely safe and that there are no dangerous conditions that could result in an accident. To this end, you should conduct regular inspections. You should also train your employees on how to spot potential problems. Even though it may seem like it would take too much time to constantly monitor your property, it is absolutely essential to the well-being of your business. Spotting problems before accidents occur is the best way to avoid lawsuits.

  • Fix any problems right away

The moment that an issue is discovered, take steps to correct it. Don’t make the mistake of thinking that someone else will take care of the problem. Instead, the first person to discover the problem should be the one to immediately fix it. This includes spilled liquids, lumpy floor mats, slippery ice, or other potential hazards. Have a plan in place and make sure all employees are properly trained on how to deal with any hazards that they encounter.

  • Put up warning signs to avoid unwanted accidents

If a problem can’t be fixed right away, make sure to put up warning signs, letting people know that hazardous conditions exist. For example, if you have recently mopped the floor, make sure to put up plenty of signs indicating that the floor is wet so that people don’t accidentally slip on the surface. When dealing with premise liability Texas businesses can’t afford to cut corners. As a business owner, it is your job to protect your company from potential lawsuits. You can accomplish this by making sure your business is properly insured and by addressing any hazardous conditions immediately rather than letting them go.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.

A Personal Injury Lawyer In Corpus Christi Explains What To Do If You Are Involved In A Slip And Fall Accident

A Personal Injury Lawyer In Corpus Christi Explains What To Do If You Are Involved In A Slip And Fall Accident

Slip and fall injuries are common occurrences. Every year there are thousands of claims that are made. Victims often suffer life-altering, serious injuries or even wrongful death in some cases. Catastrophic results are often caused by such things as construction site defects, wet floors, and unlit stairwells. It is essential to know what you should do in case a slip and fall accident occurs, You should consult with a Corpus Christi personal injury lawyer in order to determine whether or not you are owed any damages due to the negligence of a business or property owner. If a loved one or yourself has been involved in a slip and fall injury and you aren’t sure what to do or have unanswered questions, then contact us or give us a call today at (361) 882-5605.

General Information About A Slip & Fall Work Injury

When it comes to slip and fall accident, there are many different kinds including shower and bathtub falls, sidewalk falls, parking ramp falls, falling from a balcony or terrace, stairway accidents, and slippery surface falls, among others. Property owners are responsible for keeping their properties in a safe condition for anyone who is invited onto their properties. If it can be proved that a property owner has been negligent or was aware or should have been aware of a defective or dangerous condition that was the cause of a slip and fall accident, then you can be compensated for the injuries you have incurred. Each slip and fall accident is different, so that is why you should hire an experienced and skilled slip and fall attorney.

Did The Property Owner Use Reasonable Care To Prevent Personal Injuries?

Was common sense used by the property owner? Was there anything that was dangerous that the property owner should have been aware of? Was reasonable are used by the property owner in order to keep their property safe? Answers to those questions will definitely be considered by a jury and judge. If a property owner is careful about keeping their property clean and safe, then most likely they will have demonstrated “reasonable” care. The following are some of the initial questions that you can ask to help you determine whether or not a business or property owner might be liable for the injuries you have sustained:

  • Did you slip in an area that was wet or trip over an uneven or broken part of floor or carpet? If so, did this dangerous condition exist for a long enough period of time that the owner should have been aware of it?
  • Have any accidents occurred there in the past?
  • Is there an established schedule for regular repair, cleaning, and maintenance of the property? If so, does the owner have proof that this regular maintenance has been done?
  • If you slipped on or tripped over something that was left or placed on the ground, were there any good reasons for this item to be there? If so, but the reason was no longer valid, could that object have been covered, removed, or been made safe in some other way?
  • Could the object have been located in a safer place?
  • Could a barrier been put up to warn individuals of potential dangers?
  • Was there any broken or poor lighting that contributed to your accident?

If you answered yes to any of these questions, you might have a valid compensation claim. However, you need to keep in mind that you also need to consider whether or not the actions that you took contributed to the accident as well. If you are wondering whether you have a case, check out our website for more information. 

Collecting Evidence Of Your Slip And Fall Work Injury

We recommend that you take the following steps whenever possible:

  • Photographs. Take photos of the accident scene, your shoes, and clothing, any scrapes, cuts, or bruises, or any required casts or stitches to document your injuries.
  • Accident Report. If your injuries are suffered inside of a store, whether it is a grocery store or department store, be sure that an accident report is filed. Ask to speak to the manager. Your version of what took place during the accident will be documented by the manager. This will be very valuable in representing your injuries. Be sure to obtain a copy of your accident report before leaving the store if possible.
  • Evidence. It is strongly recommended that you save any items that might have caused your fall. If you, for example, you tripped over a vegetable or piece of fruit, then put into a plastic bag and place it in your freezer. It is also a good idea to safeguard whatever shoes you had on when you fell. You can put them inside of a plastic bag and then taped shut so that any matter that is stuck on your shoes is preserved.

If you cannot obtain statements or take photos, an attorney from the Law Office of Jerry J. Trevino can obtain as much of this information as possible. Just keep in mind that it is a lot more difficult to obtain information house or even days, weeks and months after your injuries have started to heal and the accident scene is cleaned up. Although your injuries will be documented in your medical records, statements and photos will prove very valuable when they can be presented to a jury.

Falling Down Stairs – Personal Injury

Our personal injury attorneys have had numerous accident cases that were caused by broken or defective stairs. Property owners are responsible for ensuring that all steps have the exact same depth and rise and have visible edges. Stairs also must be kept free of obstacles and debris that can cause accidents. A property owner also has the responsibility for ensuring all stairwells have sturdy handrails and are well lit. All of us are responsible to watch and be careful where we are going. A property owner, however, must show reasonable care.

Call or contact The Law Offices of Jerry J. Trevino for legal representation! Check out our blog for more related articles.