Personal Injury Attorneys Who Go The Extra Mile In Auto Accident Cases

Mary Jo was texting her daughter what to pick up at the grocery store on her way home.

Belinda was late for an appointment and was speeding along the highway trying to cut five minutes from her drive.

Marlene took her eyes off the road for less than 20 seconds as she handed a bottle to her baby in the back seat.

These are all common occurrences, simple actions which many people have done. Unfortunately, in each of these cases an auto accident occurred on a Texas highway and lives were devastated forever.

Automobile accidents occur in Houston every day. If you listen to the traffic reports on TV or any of the radio stations in Houston, you’ll inevitably hear about auto accidents. Some are minor and others have tragic outcomes, resulting in severe injuries, long term disabilities and even fatalities. Unfortunately, Texas has more auto accidents than any other state, including California. The statistics from the Texas Department of Transportation for 2009 are startling:

1. There Were 59,164 serious injury crashes in Texas in 2009. These crashes resulted in 80,640 people sustaining a serious injury.
2. Were no deathless days on Texas roadways in 2009.
3. 1 person was killed every two hours 50 minutes.
4. 1 person was injured every 2 minutes 14 seconds.
5. 1 reportable crash occurred every 74 seconds.

If you are injured in a Houston auto accident due to another driver’s recklessness, there are many factors to consider regarding compensation for physical and emotional trauma, medical bills, loss of work and other financial burdens. You may think it is as simple as filing an insurance claim, but it is not. You should get a Houston personal injury attorney involved from the start (before making any statements, if possible), someone who will fight for you so you can get the full compensation that you deserve.

Texas personal injury due to auto accidents is a highly specialized area of litigation, one that demands keen legal insights to interpret Houston laws. There are many loopholes in Houston’s personal injury laws that an experienced personal injury attorney will know.

For instance:

• Who was at fault?
  
  
  
  • Fault is one of the biggest, if not THE most critical element, in any car accident claim.
  
  
  • Texas operates under a comparative fault system which is fairly complex.
    
    
    
    • If you were careless and that contributed to your injury, the amount you can recover is reduced in proportion to your fault under Texas comparative negligence law. If you were more than 50% at fault for your injury, you won’t be able to collect from the other person.
    
    
    • Texas joint and several liability rules allow you to collect all damages from any person who was more than 50% responsible for your injury.
    
    


• Was the auto accident a result of negligence on the part of a driver?
  
  
  
  • In most cases, in order to collect on an injury claim in Texas, you must prove the person who caused the injury was “negligent” – careless and neglectful.
  
  
  • Acts of Texas negligence include:
    
    
    
    • Driving while talking on a phone, texting or being distracted
    
    
    • Speeding and other forms of reckless driving
    
    
    • Driving under the influence of alcohol or drugs



• Was the auto accident the result of negligence on the part of the auto manufacturer?
  
  • Was the vehicle design safe?
  
  
  • Were there poorly designed or manufactured car parts?
  
  
  • Were there inadequate repairs on the automobile?


• Will you be debilitated long-term?
  
  • Pain and suffering (also known as non-economic damages) are ambiguous in Houston laws. You may also recover lost wages and past and future medical expenses.


• What if the negligent driver is NOT insured?
  
  • Texas law requires that every vehicle in Texas carry auto liability insurance. However, I out of 3 drivers in Houston is NOT insured.

Finding a good Houston personal injury attorney is paramount, someone who can guide you through the legal mazes, whether you’re looking for a settlement or intend on starting a lawsuit. Remember that most Houston personal injury cases are settled out of court, so your lawyer should be adept at negotiating with insurance companies and highly experienced in interviewing witnesses and law enforcement authorities in auto accident cases.

You want a Houston personal injury attorney that will go the extra mile for you, someone who is competent, caring and sees you not only as a client, but a person who has suffered an injury or life-altering loss.

What Must I Prove in a Medical Negligence Case?

In the world of Civil Trials, being right, or the fact that something isn't fair, is not the only question. Many people think that filing a lawsuit will bring good results for them because a lawyer is on their side. Many people think that because a bad thing happened to them, if they file a lawsuit, they will be made whole, or receive compensation, or see justice. Not always. You and your lawyer must prove by a preponderance of the evidence (51%) four things in a case involving medical, nursing home, or nursing negligence:

• That a duty existed between the person or persons you are suing and you
• That the duty was breached, or broken by negligent care or treatment
• That you suffered damages
• That the breach of the duty caused the damages suffered by you

Your lawyer will have to find experts who will be willing to testify that in their opinion, there was negligence, and that the negligence caused your harm. If you cannot prove any of the four "ingredients", you cannot win legally. The defense attorneys who represent the person or persons you are suing try to destroy or minimize any one or all of the ingredients of your case:

• They may say the doctor wasn't your doctor, he was just passing by and answered a quick question; they may say the hospital is not responsible to you because the doctor was not their employee, but a sub-contractor;

• They may say there was no negligence, you are just misinterpreting the medical record; they may say it was just a different judgment call, they may say that nurses are not obligated to do certain things that you feel they should have done for you;

• They may say your damages are not as bad as you say they are, they will get experts, other doctors, nurses or vocational rehabilitation persons or psychiatrists who will say that you are exaggerating, or that you really could improve and/or return to work, but don't want to;

• They may say that even if there was negligence, it was not what caused your injuries.

• It's hard to imagine all of the reasons and excuses that can be offered in every case - but they always have reasons and excuses why people get hurt, why bad things happen. It's important to understand that medical negligence cases are difficult and the insurance companies have done a very good job of convincing the public who sit on juries that damage awards are too high, that people are "sue happy", or that people who sue are trying to "get something for nothing".

It's also important to understand that a bad result does not necessarily mean negligence was the cause. That being said, every day patients are hurt because of bad decisions. Some bad decisions are due to bad medical or nursing decisions, some are due to bad corporate decisions that lead to low staffing in hospitals, or hiring inexperienced staff. So, while it's important to know that proving medical or nurse negligence can be difficult and involve lots of time and testimony, it's also important to know that there are lawyers who can help you proceed against a healthcare provider who may have caused injuries to you or a loved one.

Settlements Agreed to With Confidentiality Agreements Required by Defendants

Welder burned over 80% of his body at workplace.
(Involved in case as attorney consultant in reviewing entire medical record, interacting with client/patient and caregivers, and developing, producing and writing narrative for Day in the Life Video used at mediation).

Elderly man entered a Nursing Home for Rehabilitation on an injured ankle, developed urinary tract infection, pressure ulcers and was restrained inappropriately, resulting in death.

Twelve year old child entered hospital with symptoms indicating chronic sinusitis and brain abscess, intervention was delayed and the abcess in her brain caused brain herniation and death.

Young mother with complaints of severe headache, despite going to hospital and doctor’s office, received delayed and inappropriate treatment and died as a result of a massive subarachnoid hemorrhage.

Elderly woman in Nursing Home died as a result of weight loss and dehydration.

Elderly woman admitted to hospital with fractured hip, while in hospital developed pressure ulcers which went to the bone, became infected and caused her death.

Employee injured at workplace when item fell on top of him, leading to 3 back surgeries.

Elderly man admitted to hospital for tests, fell sustaining undiagnosed subdural hematoma resulting in death.

Ureters clipped, injured and cut during prostate surgery resulting in eventual loss of bladder.The settlements listed are based on the facts and circumstances of each case. Prior results do not guarantee or predict similar outcome with respect to any future matter.

What Must I Prove in a Medical Negligence Case?

In the world of Civil Trials, being right, or the fact that something isn't fair, is not the only question. Many people think that filing a lawsuit will bring good results for them because a lawyer is on their side. Many people think that because a bad thing happened to them, if they file a lawsuit, they will be made whole, or receive compensation, or see justice. Not always. You and your lawyer must prove by a preponderance of the evidence (51%) four things in a case involving medical, nursing home, or nursing negligence:

That a duty existed between the person or persons you are suing and you

That the duty was breached, or broken by negligent care or treatment

That you suffered damages

That the breach of the duty caused the damages suffered by you
Your lawyer will have to find experts who will be willing to testify that in their opinion, there was negligence, and that the negligence caused your harm. If you cannot prove any of the four "ingredients", you cannot win legally. The defense attorneys who represent the person or persons you are suing try to destroy or minimize any one or all of the ingredients of your case:

They may say the doctor wasn't your doctor, he was just passing by and answered a quick question; they may say the hospital is not responsible to you because the doctor was not their employee, but a sub-contractor;

They may say there was no negligence, you are just misinterpreting the medical record; they may say it was just a different judgment call, they may say that nurses are not obligated to do certain things that you feel they should have done for you;

They may say your damages are not as bad as you say they are, they will get experts, other doctors, nurses or vocational rehabilitation persons or psychiatrists who will say that you are exaggerating, or that you really could improve and/or return to work, but don't want to;

They may say that even if there was negligence, it was not what caused your injuries.
It's hard to imagine all of the reasons and excuses that can be offered in every case - but they always have reasons and excuses why people get hurt, why bad things happen. It's important to understand that medical negligence cases are difficult and the insurance companies have done a very good job of convincing the public who sit on juries that damage awards are too high, that people are "sue happy", or that people who sue are trying to "get something for nothing".

It's also important to understand that a bad result does not necessarily mean negligence was the cause. That being said, every day patients are hurt because of bad decisions. Some bad decisions are due to bad medical or nursing decisions, some are due to bad corporate decisions that lead to low staffing in hospitals, or hiring inexperienced staff. So, while it's important to know that proving medical or nurse negligence can be difficult and involve lots of time and testimony, it's also important to know that there are lawyers who can help you proceed against a healthcare provider who may have caused injuries to you or a loved one.

Contact Joyce Stamp Lilly, R.N., J.D., P.C., Attorney at Law to request a free initial consultation regarding your negligence concern.
..