Section 71.002 in the Civil Practice and Remedies Code states that a cause of action for actual damages arising from an injury that causes an individual’s death may be brought if liability exists under this section. That is the basis that a wrongful death lawsuit attorney in Houston uses for their process in taking action against the person, persons, or entity that has done something to cut short the life of an innocent person. The way to prove the liability comes under scrutiny during the case and the wrongful death legal team has to take care that all evidence available has been found and brought to court’s attention during their presentation.
The team must prove that the individual being sued had or his agents had committed a wrongful act or was careless in execution of their duty putting the safety of another in jeopardy. A proprietor of an establishment that caused this death and their employees’ actions will also come under scrutiny in some of these cases.
For instance, the owner of a restaurant will be held accountable if the restaurant used poorly refrigerated food that poisons someone or his employees left the premises in a way that led to a trip and fall and caused a head injury resulting in the wrongful death. Employing a poor driver who caused an accident may be a reasonable enough proof of a business owner’s liability is another example of cause for this type of case to be heard.
Those corporations that knowingly rushed a dangerous product that led to an untimely death will also be the defendant in a wrongful death lawsuit. The examples are many but the law is intended to make sure the proof is airtight if the case is to be successfully concluded.
Contact the Lassiter Law Firm if a loved one has died prematurely due to another’s carelessness or negligence. Let us handle proving negligence and the amount of damages that you and your family deserve for losing a loved one.
Texas law requires the person responsible for an accident to pay for any damages and injuries others sustain in that accident. The compensation for injuries and damages in an accident is usually taken care of by the person’s auto insurance policy. There can be a problem when the person who is legally liable for an accident had chosen not to buy insurance. When an uninsured motorist or one with the minimum limits of $30,000 per person, $60,000 for each accident, and $25,000 for property damage is responsible for a serious accident; the other driver’s insurance may have to pay under the uninsured/underinsured motorist section of their policy.
Not only does this coverage protect you when a driver doesn’t have insurance or you find out the insurance card he showed is for a lapsed policy, it will protect you in a hit and run situation also. In any case when uninsured/underinsured motorist coverage is used, your company may begin by treating you fairly but eventually they will treat this like any other claim. That is, they will try to reduce their exposure in the claims negotiation process. That may leave you or an injured family member having to get inferior medical care and possibly not receive enough money for the necessary repairs your automobile needs.
Since the uninsured motorist is required by law to be responsible, there is a way to make them accountable whether they have insurance or not. That would be to sue the responsible party for the damages directly. Unfortunately, this option can be a problem if the person has disappeared or has no real assets that can give you proper restitution. With the assistance of an uninsured/underinsured accident attorney in Houston, you can learn what options that you have so you can determine the best way for you and your loved ones to pursue compensation.
Whether you have uninsured/underinsured coverage or not, a consultation must be made with an uninsured/underinsured accident attorney. Contact the Lassiter Law Firm if you have had this problem in the Houston area. Our team can and will get you properly covered by your policy or the other driver’s policy and personal assets
The most recent available compilation of crash statistics for the state of Texas is from the year 2016. Going through them reveals a lot to the Houston truck accident attorney. Not only are large tractor trailers and commercial vehicles involved in fatal crashes, larger pick-up trucks and SUVs are also contributing to these sad statistics. Another problem is that some of these larger vehicles are being operated by drivers under the influence.
The Federal Motor Carrier Safety Administration states that any commercial driver with a Blood Alcohol Content of .04 found while behind the wheel of a big rig will receive a DUI citation. That is one half of what other drivers can have when tested. Still, a number of these large truck operators do receive these citations and have contributed to the fatalities on Texas roads.
Commercial tractor trailers and large trucks were in 514 accidents that involved at least one fatality. Not only is this a problem for large trucks, but pickup trucks and SUVs were involved in another 2,248 traffic accidents that involved fatalities as well.
The message is clear, these larger vehicles can be more dangerous, especially when improperly operated due to driving recklessly or while under the influence of alcohol or drugs. Some of these drivers may even be so shortsighted to think the larger vehicle makes them less likely to be hurt and they take more chances, but in many cases the drivers in these accidents are counted among the fatalities.
If you have been injured in an accident with one of these larger vehicles or unfortunately a wrongful death has occurred please contact our truck accident attorney at the Lassiter Law Firm. We have represented many injured parties in the past and can do the same for you and help you gain compensation for you and your family.
The saddest statistics about swimming pool accidents are those that the CDC includes in their statistics about unintentional drownings. They show that children 14 years old and younger are one in five or 20% of the people who accidentally drown each year. Some of these drownings take place in bathtubs and they are not including boating accident drownings in this study. However, swimming pool accidents are very prevalent for this age group. There are many who are saved from drowning but still have suffered brain damage that can lead to learning disabilities or loss of most brain function and a need for a lifetime of care.
There are other older people that also have drowned included here but in many of those cases it is due to a slip and fall that leads to a head injury and the sufferer falls in alone and drowns. The children can fall victim to the pool left unattended or not properly fenced and that makes it in insurance terms an “attractive hazard”.
The improper care paid to the pool area with too many toys and other objects around can be the cause of other injuries to those of all ages and not properly labeling the deep end of the pool can cause diving injuries. Diving accidents make up about 3 to 5 percent of all spinal cord injuries from 2003 to 2010 according to research by the University of Alabama Birmingham National Spinal Cord Statistical Center.
Then there are also situations where alcohol is ingested by adults and younger people that contribute to the accidents that happen around pools all over the Houston area each summer. If a family member has had the misfortune to go through one of these life-altering events like a diving injury or accidental drowning or resultant brain damage, there could have been negligence on the part of the pool owner. Contact the Lassiter Law Firm to discuss this problem with our team of pool accident experts and we will help you find compensation for your pain and suffering.
The spinal cord is the pathway of nerves that connects your brain to the rest of your body. It carries the signals from your brain down your back where nerves leave the cord and help you move your muscles and feel. Spinal cord injuries due to sports and auto accidents are the most common and unfortunately happen many times to teens and young adults. The Mayo Clinic estimates that you are most likely to suffer one of these injuries between the ages of 16 to 30.
Complete: A complete spinal cord injury is so called because its symptoms will be a complete loss of feeling and movement below the area of the injury.
Incomplete: This is, of course, less severe as there is some feeling or movement below the area of injury.
Some injuries can be caused by the bones of the vertebra that are fractured and impinge on the nerves in the spinal cord. Low back injuries are another somewhat less serious injury involving the spinal cord. The discs between the vertebras may enlarge due to a fall, strain, or car accident and push against the cord giving pain and possibly numbness below the injured area.
Strides have been made in the care and treatment given to the spinal cord injury sufferer. Better attention to keeping those injured immobile at the scene to reduce possible swelling in the damaged tissues around the cord have helped some regain full motion. However, the more severe injuries do continue to require a lot of medical care and many times the person will not be able to return to full function and need some form of aid the rest of their lives years of care.
If you or one of your children has been injured by a careless driver or careless disregard by another while they were playing sports contact the Lassiter Law Firm and discuss your legal options in getting damages to help with medical bills and the future care you or your child will need.
The state of Texas does not require employers in most cases to purchase a workers compensation policy. Still, many Houston employers do purchase the coverage because if the policy is in place when an accident occurs there will be benefits to the employee and to them.
The employee will have coverage for medical bills related to the work injury and a replacement wage paid until the employee returns. If the coverage is in place when an accident happens, the policy will limit the amount of liability for the employer if an employee sues for damages. Certain accidents including one caused by gross negligence that leads to the death of the employee may not have their liability limited but by and large an injury will have to be caused by someone other than the employer for a lawsuit to be taken up by an employee.
Each case is different but when an employee is injured by a third party while working or harmed by a defective product, they can bring a third party suit against the manufacturer of that product. Since that manufacturer is not covered by the employer’s liability limits on the worker’s compensation policy, the suit will be heard in a court of law.
There are many examples of how this may happen. Scaffolds or ladders that are poorly manufactured, trucks that may not be functioning properly, or a malfunctioning alarm or warning system in a large piece of equipment that hurts an employee are all able to be brought to task by the product liability attorney. Any chemicals not mixed properly before being brought to the job site that causes an explosion or fire can be the manufacturer’s responsibility and not your employers too.
In Houston the product liability team at the Lassiter Law firm is willing to discuss any work-related accident with you. You have a right to meet with us even if your employer has a policy in effect and you want to be sure everything is being done to make you whole again.
Negligence that can lead to an injury – physically or emotionally – should be compensated for and a personal injury attorney in Houston who is an expert in tort law should be consulted when this injury occurs. Tort law is in place to impose liability on those who cause harm by negligence to a person or persons who by this law are allowed to take legal action to be compensated for their injuries. This compensation is imposed to reduce the number of incidents in the future. Many automobile accidents come to litigation due to the negligence of one of the drivers.
The personal injury lawyer will bring action against those responsible for injuries to their clients even if negligence is not the primary factor in the case. There are two other areas of tort law that can be considered in a personal injury case.
This type of liability claim many times concerns a product that has been poorly manufactured and caused an injury when used as it was intended. A personal injury attorney is not charged with the need to prove negligence in this type of case.
An injury caused by an intentional act may also be a basis for a personal injury action. In a case such as assault and battery, there will be criminal charges, but the resulting injuries may be compensable in a civil suit. As with negligence and strict liability, this type of claim should be discussed with the experts in tort law once you have been injured.
In Houston, the Lassiter Law Firm has proven negligence, strict liability, and wrongful injury due to intentional acts for their clients and will do the same for you. If an injury due to a car accident, inferior product, or a landlord’s or store owner’s negligence has led to an injury to you or a family member; contact the tort law expert in Houston today.
Pedestrian fatalities in motor vehicle accidents has risen 46 percent since 2009. The total number of fatalities in vehicle crashes had gone down, from 2006 to 2015, by 18 percent; however, the amount of pedestrian deaths in car crashes rose 12 percent in that same time span.
There is no real data about how many more pedestrians are out there, but it certainly seems that these pedestrians had better be careful. A person being hit by a car obviously has a much greater chance of serious injury. Statistical data also indicates that many of these accidents befall older people such as 70 years or older. If you or a loved one has been the victim of a pedestrian vs. motor vehicle accident, seeking the assistance of a pedestrian accident lawyer in Houston is of the utmost importance.
The injuries sustained according to the U.S. Department of Transportation are often to the head, pelvis, and legs. This coincides with another fact that pedestrian death rates are highest for those who are seventy and older. Falls and head injuries account for many fatalities in this age group and being hit by a vehicle will definitely be hard for anyone especially an older person to survive.
There is also the fact that people driving under the influence are less likely to be paying as much attention to the crosswalks as they are to cars in front of them. Distracted driving may be another factor that has seen this disturbing trend back on the rise.
Losing a loved one or being seriously injured when you are on foot and at your most vulnerable can have dire consequences for you and your family. Distracted driving or driving too fast in urban areas of Houston where a negligent driver is more likely to hit a pedestrian should not be tolerated and must be punished. That is what the pedestrian accident lawyers at the Lassiter Law firm will do by proving this negligence and then your injuries will be taken care of and any pain and suffering due to this accident will be compensated for.
The joy of the open road is one of the many reasons that there are so many motorcycle riders in the state of Texas. These vehicles truly give the rider a real experience that isn’t matched by any other motor vehicle. Sadly, though the motorcycle gives you the real feel for the road, it does not offer as much protection to the rider as an automobile.
That can become a problem, especially if a distracted or impaired driver doesn’t see the motorcycle and collides with it. That is when a motorcycle accident attorney needs to be contacted by the rider or in some cases their family due to the rider’s wrongful death.
The injuries or wrongful deaths that occur during these accidents many times could have been prevented if the driver of the colliding vehicle had taken more care to see if there was a vehicle next to them. A car will hit the horn and be more easily seen. The motorcycle is smaller but that doesn’t forgive the driver that swerves in front of them due to using the phone or changing radio stations, or driving while intoxicated. These accidents are investigated thoroughly by the motorcycle accident attorney’s team of experts and evidence of any unlawful driving will be presented during the trial.
As far as a wrongful death action, the state of Texas had 497 fatalities reported in 2016 in accidents involving motorcycles. Another accident that year involving a police motorcycle also had a fatality reported. Therefore, if you have lost a family member in the past and there was no satisfying conclusion to what happened, contacting an attorney is important because such cases do have a statute of limitations on when a lawsuit can be filed.
Please contact the Houston motorcycle accident attorney James Lassiter and bring all the information you have on hand to determine if you have a case. The consultation is free and it may be your best opportunity to recover from this kind of devastating loss.
The International Federation of the Red Cross and Red Crescent Society defines an industrial accident as a danger originating from a technological or industrial accident, dangerous procedures, infrastructure failures, or certain human activities that cause the loss of life or injury, property damage, social and economic disruption, or environmental degradation.
That covers a lot of ground and makes industrial accidents sound like there must be a big incident such a train derailment carrying a load of tanker cars filled with chemicals or an explosion leveling an entire plant. But there are any number of incidents that happen every day much smaller in scope in Houston that still qualify as an industrial accident.
One person can actually be felled by an industrial accident. Look at the definition – the person may be harmed by a technological problem. A safety net may not be properly hung by a scaffold. The scaffold falls and the net fails resulting in an industrial accident. A chemical spill in a plant – it could be one barrel – but it still harms the individual if it is a toxic chemical and it degrades the surrounding environment.
Then there is the mention of certain human activities. A fellow employee can cause an accident leaving him unscathed but others injured. And when a worker is harmed seriously, there is also an economic disruption to that person’s life. Even if worker compensation covers the medical bills and there is replacement pay, sometimes that pay is limited by a maximum payment allowed by state law.
In any industrial accident whether the worker is covered by workers compensation or not, an attorney must be contacted to be sure everything is being done to return you to your job at your full capacity. Contact the Lassiter Law Firm if you have been injured in an industrial accident in Houston big or small. We have the experience you need dealing with many industries and are aware of what procedures may have been violated that caused this injury and we can get you compensation.