What is the Wrongful Death Statute of Limitations? – Personal Injury Law

What is the Wrongful Death Statute of Limitations? The Texas Attorneys from our Law Firm Explain

Our Attorney is equipped to work within the framework of the law to bring those who are responsible to justice, in a timely matter. The grieving process is important, too, but there is a limited amount of time that person or family will have to file a wrongful death claim and it is vital to file such a claim as soon as possible after the loss is suffered.

Simply stated, a statute of limitations spells out the period of time during which legal action can be taken. In most wrongful death cases the plaintiffs have a two-year statute of limitations. Essentially, that means that the claim must be resolved within that two-year period from the time of death or a lawsuit must be filed within that two-year period, since filing a lawsuit will extend the deadline further.

One event that affects your chance to recover damages occurred when the Texas legislature passed another round of Tort Reform in the spring of 2011, which became law on September 1 of that same year.

The law also creates a new procedural rule for Texas courts. For the first time, there will be a “motion to dismiss” for meritless claims before parties can go through the often expensive and time-consuming discovery process. Such a rule already exists in federal court. If a judge grants that motion to dismiss, the losing party will have to pay the other’s attorney’s fees.

What this means to your case can be summed up thusly:

If you wait before beginning any personal injury legal process, the clock could begin ticking from the day the accident that caused the fatal injuries to your loved one occurred. So let’s say you wait a year while you and your family arduously debated whether or not to file a wrongful death negligence suit. Then, at the beginning of that second year, you retain an attorney who must immediately begin an investigation: one that will be very complicated because the trail has already grown cold and it ends up moving at a snail’s pace. Then, as the date in which your statute of limitations runs out, there are still vital details that remain unknown or still undiscovered. This forces us to quickly file a lawsuit based on incomplete evidence, just to get your case heard, even if it’s weak.

Your opponents can ask the court to file a summary judgment based on our still-incomplete discovery process. Then the court reviews the evidence collected so far and rules that the suit has “no merit on its face” and dismisses (but without prejudice, which means if new evidence comes in you can re-file). But that option becomes moot shortly thereafter since the statute of limitations runs out. Even if you come up with “smoking gun” evidence a day after it expires, you cannot re-file PLUS, you (and we) are forced to pay any legal expenses of the defendants for their time and effort in fighting the weak case we were forced to file.

There are other aspects of the most recent rounds of tort reform that could also affect your case should you delay your decision to request wrongful death (or other personal injury damage relief) through a civil suit. Our injury attorneys can explain them to you. But the bottom line is this: if you wait to make up your mind, your mind will be made up for you. And that’s never good.accident lawyers - personal injury law facts

Put our experience to work for you, today! If you want to know what your rights are, and how Texas Statute of Limitations laws affect you and your surviving family members after the accidental death of a loved one, even if the events or time-frame for filing your lawsuit are unclear, we can help you understand the best way to proceed with your claim, how much compensation you can reasonably expect to secure, and the right time to spring into action against the negligent defendants and their well-funded insurers and attorneys.

We can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim, in addition to “hanging back” and waiting for the right moment. In the words of Sun Tsu, “Make no battle until the outcome is foregone and favorable.” Because sometimes, waiting and preparing is the best strategy.

Contact our wrongful death attorneys at our Texas Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you and your family during your time of grief and doubt.

Personal Injury Law – Car Accident Attorneys

Auto Accident Law

LEGAL and INSURANCE SIDE: The legal side of an auto accident case is many times more complicated than the medical side. Almost all auto accidents involve some sort of car insurance. It is important to know how the insurance industry works. When you buy car insurance you buy it from an insurance agent. Insurance companies spend millions of dollars in advertising trying to convince you that they can do anything and everything for you if you are involved in an accident or a disaster. They lead you to believe that your insurance agent, who sells you the insurance, who you meet in person or by telephone or who may even be a friend, deals with all the circumstances of an accident. I am sure you have heard the terms that “you are in good hands” or “like a good neighbor” etc. The truth of the matter is, the insurance agent that you buy the insurance from, has nothing to do with the settlement of an insurance claim. car accident attorneys

INSURANCE: Once you have been involved in an automobile accident the accident is turned over to an insurance adjuster who works for your own company or for the other company involved in the accident. These adjuster’s sole purpose is to save the insurance companies money. You have never met these people, dealt with these people or in any way know these people. This is where the frustration begins. I will try to take you step by step of the elements that are involved next.

FAULT: The first thing that will need to be determined is “who is at fault” or the “liable party”. This is the most important factor at the beginning of an insurance settlement. If you are proven to be at fault or even if you share 50/50 of the liability you will not be entitled to any compensation for injuries. And believe me, what is said at the initial scene of the accident will change many times before it goes to court or arbitration. Without witnesses, it sometimes becomes impossible to determine liability. That being established, the next most painful factor is property damage.

PIP or MED PAY: Whether you are at fault or not, many policies have the portion called PIP or Med Pay that pays for reasonable medical expenses that you have incurred as a result of the accident. This protects you from unexpected medical bills that are the result of an automobile accident. They are supposed to take care of these expenses in a timely fashion. If it is determined that the accident is not your fault but rather the fault of a 3rd party, then your insurance company will be reimbursed for those expenses that they have paid out on your behalf, when you settle your claim at a later date. This protects you from having to deal with doctor expenses up to certain limits, generally, $10,000 is the limit per person.

WAGE LOSS: If you have been injured in an accident and are unable to work, as established by a medical professional, you are entitled to be reimbursed for wages lost up to a maximum amount per month. Your “Medical Professional” will give you a disability slip to inform your employer that you are unable to work and until such time as he/she determines that you are able to physically return to either light or regular duty you are entitled to compensation. A “Legal Professional” can advise and/or assist you in obtaining those wages throughout the course of your treatment and recovery period.

PROPERTY DAMAGE: If your car is totaled / how much is it worth? I have yet to see a case where the owner and adjuster had the same figure in mind. Secondly, in the property damage, if it is not totaled, what estimate, what auto-body company, will be used in fixing the automobile. Will they use original parts or will they use after-market parts? For many years, insurance companies have almost forced auto body companies to use after-market parts. Recently, State Farm Insurance, lost a 1.2 billion dollar suit, over just this issue. Just because you paid $6000 for a used car 2 weeks ago and insured it for that, and then it was totaled, don’t think for a minute that it is worth $6000 when it is totaled.

TOWING: If the car is immovable from the scene, the issue of towing and who pays that bill is the next factor. You may be presented with the bill, for towing and storage, which may add up to more than the value of the vehicle.

AUTO-BODY SHOPS: You have an option in many cases, to take your car to several body shops and settle with the insurance company without having to repair your car. In other cases, the auto-body shop will be paid directly from the insurance company. In most states, the law requires that your car be in the same condition, after the repair as it was prior to the accident. This is a very subjective issue and can cause a dispute immediately between you and your insurance carrier.

PERSONAL ITEMS LOST OR DESTROYED: You are entitled to replacement or repair of your personal items.

RENTAL CAR: If your car is damaged or un-drivable it may necessitate your need for a rental car. Each policy is written differently, depending on the liability of the accident, you may or may not be reimbursed for the rental car.

TOTALED VEHICLE: One issue that comes up a great deal is “When is a car totaled?” Most of the insurance companies use the 70% rule. If it costs more than 70% of the car’s value, they will total it. “Diminution” in value, is a term the insurance companies use when assessing the value to an automobile. They may go to an outside source, such as the Kelly Blue Book, to determine what they consider to be a “fair market value”. In most cases, this leads to a great argument and the beginning of stress for the car accident victim.

WHEN YOU NEED AN ATTORNEY: Many times it is possible that a competent individual can settle their own insurance claim. However, there are also many times and several compelling reasons why a legal professional is important for a successful claim. Even if up to this point you felt that you could handle your own claim but now are finding that you have many unanswered questions, it is not too late to get the help you need from a trained professional.

SELECTING AN ATTORNEY: It is important to choose the right attorney. This should be
someone who has experience in and specializes in handling “Personal Injury Claims”. Just like
seeing a surgeon when you need surgery, or a dentist when you have a toothache, you need to seek out an attorney that has experience in “Automobile Accident Cases” not a criminal or divorce lawyer. They should review your case with you, during a free consultation, and openly discuss the legalities of your claim and if you have a good chance for a successful case.

INJURIES: If you were hurt in the accident and suffered from injuries sustained at that time
you could need the support of a legal professional. They can help you to manage your medical care, your billings, and the opening of the insurance portion of your own policy (PIP or Med Pay) to be sure that the bills are paid as they are incurred rather than simply accumulating until such time as you settle your claim.

IF YOU HAVE NO INSURANCE COVERAGE OF YOUR OWN: Many people think if they have no insurance coverage themselves they cannot open a claim. They think that they cannot get treatment for injuries they have sustained or receive compensation for “pain and suffering” that they have incurred. That is not true. A good legal professional can examine the circumstances of the accident and help you with your options. Identifying the “at-fault party” and their insurance company is generally the first step to determining your rights and protecting your interests.

IF THE OTHER PARTY HAS NO INSURANCE and is at fault: Many times it is difficult to find out information about the responsible parties’ financial assets. An attorney is much more experienced in these types of situations and can help you determine the options available to you. This would be by either seeking a judgment and/or lien against that individual or by filing a “Uninsured Motorist Claim” against your own company for the damages and/or injuries you have sustained.

SIGNING FORMS AND RELEASE OF INFORMATION: There are many types of forms that insurance companies require to be filled out and signed by you to either open a PIP/Med pay claim, a property damage claim, a wage loss claim, a medical release, a general release, etc. Many times it can be confusing on which forms a person should or should not sign. The Legal Professional can review these forms and advise you.

OTHER QUESTIONS: Many other types of situations and/or questions can be answered by a “Legal Professional” in your area.

SETTLING YOUR CLAIM: When you are finished with your medical care and reached a point of being ready to settle your claim, a “Legal Professional” in your area can be your best advocate. They can prepare a demand and claim for settlement for the pain and suffering that you have experienced as a result of your motor vehicle accident. They can help you tie up all the loose ends with the medical providers, wage loss reimbursement, property damage, and help you to get the settlement you deserve.

This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso

Texas Truck Drivers Work Long Hours | Truck Accidents

Truck-Accident

Texas truck drivers work long hours with very rigorous work schedules, and often have to meet unrealistic deadlines put into place by their employer or the shipper of the cargo they are carrying. This is when truck driver fatigue can set in, creating an extremely dangerous situation for the driver and other motorists. Fatigue and lack of sleep have become some of the primary contributors to highway truck accidents, not only in Texas but throughout the country.18 Wheeler Accident Lawyers

Federal regulations limit how long a truck driver may operate a motor vehicle on Texas roads. A truck driver traveling along any Texas road is put in a difficult position. This is equally true of truckers on major highways. On the one hand, the driver must get from Point A to Point B and make his or her deliveries on time. On the other hand, he or she is supposed to ensure that they drive safety and get adequate rest. Sometimes this is just not possible, and a driver will often opt to sacrifice sleep before missing a deadline. Although the driver likely believes that he or she is fine to continue driving and does not anticipate an accident, this is no excuse for failing to comply with federal law and the driver will be found negligent.

Texas companies are supposed to make sure that any truck drivers they employ follow the regulations set by the State of Texas and federal laws. When one of their drivers fails to do so, they may also be joined as a defendant in an ensuing lawsuit.

Texas Truck Driver Log Book – Trucking Injury Lawyer

An interstate truck driver must maintain a log book containing a record of when they are on duty, driving, resting, etc. This log book data can also be electronically monitored by an on board “black box.” Often, a truck driver will alter, change, modify, or “doctor” his or her log book to make it conform to the laws and hide the fact that they were actually driving past the acceptable number of hours. Comparing the hard copy log book to the electronically recorded data is very important in some tractor trailer crashes. Unfortunately, some lawyers have no idea of the intricacies of these laws let alone how to “download” the ECM data from one of these on-board computers. Do not just hire any Texas lawyer to protect you, contact one of the Texas truck accident lawyers on this page, as they are seasoned and experienced in handling Texas truck accident claims.accident lawyers

Truck Companies in Texas Set Deadlines

Texas trucking companies expect deliveries to be made on time. This can put undue stress on the driver to make his deadlines. As mentioned, however, there are federal regulations that govern the number of hours the truck driver is allowed to drive. A Texas long-haul trucker has a cab in the back of the truck and, after a certain amount of hours, the driver is supposed to go off duty, get some rest and sleep in the cab.

More times than most of us can imagine, truckers drive well past the time when they should call it quits for the evening. Fatigue sets in and the trucker’s reflexes slow down. Unfortunately, when this happens, innocent motorists are frequently injured or killed. The driver’s failure to take breaks and get the proper amount of rest, as prescribed by the law, can result in a catastrophic accident of a semi, big rig, or 18-wheeler along a Texas highway. In these cases, a Texas trucking company may be found accountable for the driver’s negligent behavior and have to pay at least a portion of the victim’s personal injury or property damage claim.

Texas Truck Stops

One of the most common ways truckers get adequate rest is to use a truck stop. If a Texas truck driver fails to get proper rest, which is defined under federal and Nevada truck regulations, then the driver will be found negligent if a truck accident occurs due to driver fatigue. These establishments provide a quiet parking space where truckers can pull over and sleep in their cab.

Don’t be a victim of driver fatigue. Truck drivers are required by law to rest, and you have rights if you have been injured by an overworked, fatigued truck driver.

Texas Truck Drivers are Experts in Their Field

Texas truckers are expert truck drivers. They have a commercial driver’s license and have chosen to drive large trucks professionally, as a career. As such, commercial truck drivers have a duty to do their job right. Just as a Texas truck accident lawyer can’t take a case and just “half-way” work on it, or do it a little bit, a trucker shouldn’t either.personal injury - truck accident attorneys

Driver Fatigue Impairs Judgment

Most often, in driver fatigue cases that occur on Texas roads and highways, the trucking company and the driver are at fault.

Truck drivers who fail to get adequate rest or who stay awake longer than the recommended number of hours may suffer sleep deprivation. Lack of sleep can severely impair judgment and slow the response time of a person who is sitting behind the wheel of a tractor trailer, big rig, or semi truck traveling along Texas streets and highways.

When a trucker driving in Texas becomes tired, sleepy, and fatigued, the trouble is compounded because one’s judgment can become impaired in addition to one’s response time. The truck driver won’t be able to think clearly and won’t be able to evaluate the extent of his or her own impairment. This makes the situation especially dangerous for fellow motorists.

If you have been involved in a truck accident in the Texas area, or a surrounding area, you are entitled to compensation, whether the cause was driver fatigue, recklessness, or poor truck maintenance. Act fast and hire a qualified Truck Accident Attorney to represent you! For more Question please visit this website @ https://fordandlaurel.com