Highest rated Houston personal injury lawyer helping the seriously injured for over three decades. Practice limited to serious injury and wrongful death.
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Limited to Texas claims involving serious injury or wrongful death.
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Our promise is simple- you pay us no fee unless we put money in your pocket.
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We advance all costs and expenses on the cases we accept.
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Who you hire as your Houston personal injury lawyer is critically important to your case. Call the Baumgartner Law Firm for a no obligation consultation- (281) 587-1111.Truck Accident Litigation- Baumgartner Law Firm
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- Q. Is it legal to ride a motorcycle with headphones on? Can that make a motorcyclist ineligible to sue after an accident?
- A: Texas is a proportionate responsibility state. Which means a jury will usually decide who caused the accident and the percentage of fault (if any), for each party. Wearing headphones would not disqualify someone for the right to bring a lawsuit after an accident.
- Q. In a wrongful death case can you seek the wages the person would have earned in their lifetime?
- A: In Texas and the wrongful death statute provides the basis for the wrongful death lawsuits. In effect, a wrongful death case is the person's personal loss of their family member. So it is not as easy as calculating the lost wages of the decedent. Pecuniary losses are provided for and those include the loss of care, maintenance, support, services, advice, counsel and reasonable contributions of a pecuniary value that the wrongful death claimant would have received from the decedent. Additionally, loss of companionship and society is a big element of a wrongful death case and mental anguish for the loss is an element of damage. Loss of inheritance is also covered which is the amount of money that the estate of the decedent would have left to the claimant. In short, the law could never bring back the decedent and it tries to allow damages for what the family member would have received from the decedent and also for their mental damages from the loss.
- Q. My case had been dismissed w/out prejudice...can I claim for damages
- A: There is not enough information here to answer your question definitively. Generally, dismissal without prejudice allows one to refile a case if there is not another bar to re-filing. You should consult with an attorney in your area about the specifics of this claim.
- Q. What does loss of companionship mean, and who can claim it in a wrongful death lawsuit?
- A: In Texas, the people who are proper wrongful death beneficiaries are the spouse, children and parents. Companionship legally in Texas is basically the love, affection and companionship one has lost and is determined on an individual basis.
- Q. If I pay my medical bill with my work insurance do I have to pay those medical bill back to my work insurance??
- A: Most likely yes, but it will depend on the insurance you have for work. Most policies have subrogation rights requiring a person who collects money from a 3rd party from an accident to pay them back for the bills they paid for you. It depends on the specific policy paying your bills. Many of the health insurers will work with you in reducing the amount you need to payback. Personal injury lawyers generally handle this for their clients.
- Q. I was in a car accident four years ago.
- A: The general statute of limitations in Texas is 2 years for car accidents. There are a few exceptions such as minors.
- Q. How do you come up with a dollar amount for a personal injury case?
- A: Generally, there are three factors that attorneys use to evaluate a personal injury claim. They are, liability, damages and ability to pay. Liability the first analysis is always liability because if you do not get past liability the analysis stops. In effect, the plaintiff or injured person has the burden to prove that the other person was negligent and cause them harm. In Texas, the person or entity that caused the harm must be at least 51% at fault for causing the accident in order for liability to stick for the personal injury. An attorney will look at the facts of the accident from an objective perspective to determine what the other person did wrong and the odds of winning a lawsuit on liability. For non-attorneys, a good place to start on liability is the one sentence rule – state what the other person did wrong in one sentence. Damages Personal injury damages include such things as medical expenses and lost wages and also such things as pain and suffering, loss of enjoyment and inability to do certain things in the past and future. Attorneys frequently look at the medical records and sometimes confer with the medical providers to obtain their opinions regarding the injury and assessment of the victim. The burden of proof to prove damages rests on the injured person and usually medical provider testimony is necessary for a personal injury claim. It is important to remember that the persons who would decide the damages would be an impartial jury who do not have a dog in the hunt and do not really want to be sitting in court as opposed to attending to their own personal lives. Ability to pay This is generally the amount of insurance available to satisfy the claim. If it is an auto accident Texas requires a minimum of $30,000 liability coverage and many people have "full coverage" on their own auto policy which can add to the total of insurance available. Of course, many commercial vehicles and corporations maintain a very large insurance policies that protect them against personal injury claims. In Texas, it is extremely difficult, if not almost impossible to collect from an individual above their insurance policy. There are exceptions of course but 99% of the time the ability to pay is the insurance coverage available from all sources. The more serious the injury the more likely it is that a personal injury lawyer will be necessary for the case. Very serious injuries almost certainly will require an attorney to handle in order to maximize the potential recovery to the client. Most attorneys offer a free consultation and personal injury victims should consider taking advantage of a consultation if they are considering handling a personal injury claim on their own.
- Q. Person is assaulted at bar, attacker gets away, can victim press charges against bar for injuries?
- A: This type of civil case is based upon a negligence cause of action- and the allegations are usually that the owner of the business was negligent in how they handled security or negligent for failing to provide security. In most cases the injuries need to be very serious in order to justify the expenses necessary to advance this particular type of case.
- Q. How can you find out the verdict of a lawsuit?
- A: You can look at the public records of the case which will reflect the verdict. Many courts allow such searches online.