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blogpic2Statistics have show time and time again that highways are far safer per mile than other routes, due in no small part to the lack of intersecting traffic. Indeed, a great number of collisions on highways and interstates involve only a small difference in speed; as long as other drivers are cautious, these accidents are often less severe than those that occur on urban and suburban streets. The speeds involved in interstate driving are only and tragically realized when lost, exhausted, or intoxicated drivers fail to notice a number of warning signs and pull into a highway headed the wrong direction. In these cases, collisions occur at the equivalent of well over 120 miles per hour, and the crumple zones and safety cages that are designed for impacts at 80 MPH and below can fail catastrophically.

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Why is it important to hire a board-certified lawyer?

The legal profession, like the medical profession, contains a very large body of knowledge that makes it impossible for one lawyer to concentrate in all areas of the law. The Texas State Bar that regulates the legal profession does not require an attorney to complete any formal board certification or training to practice in any particular field of law. In Texas, the attorney’s decision to be board certified in any area of the law including personal injury law is purely voluntary.

The medical profession by comparison has embraced specialization for over a hundred years. Over 94% of all doctors are board-certified in their area of expertise. Consumers therefore have the confidence that the doctor treating their condition is truly qualified to treat their health care problem.

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This case illustrates the importance of wearing seatbelts while in a motor vehicle. On July 23, 2015, Plano police reported that a 2002 Chevrolet Tahoe erupted in flames after violently crashing into a traffic signal pole at the intersection of Preston Road at Tennyson Parkway in Plano, Texas in this single car accident. Plano is located in North Dallas County.  Alger Ben Baker, the driver of the vehicle, died at the scene but his passenger Daniel Payton Mushock was rescued from the vehicle before it erupted into flames. Yoel Gebremicael was driving behind the Mr. Baker vehicle when he witnessed the accident. He was able to rescue Mr. Mushock from the vehicle at the scene. Plano police stated that neither the driver nor the passenger were wearing seatbelts. However the good Samaritan, Yoel Gebremicael disagreed . Yoel Gebremicael stated that he had to unbuckle Mr. Mushock while trying to rescue him from the burning vehicle.

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“How can I be injured if my car bumper only seems to have some cosmetic damage? “

“My airbag didn’t deploy, so that must mean that the accident wasn’t serious enough to get really hurt, right?”

“My car doesn’t look very damaged, doesn’t that mean that a judge or jury won’t believe that I was actually hurt in the accident?”

After a car accident, questions like these can run through the minds of the victims. After all, the other driver may seem entirely unaffected by the incident, and may likely be pressuring the victims to accept a cash payment for the damages to their vehicle or to simply handle reparations in the future. Despite any temptation otherwise, however, it is important that you call the police and proceed to handle the accident as if it were just as severe as any other–since it very well might.

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When the pressures to lower cost and properly supervise residents collide, nursing homes are all too often become the source of accidents resulting from negligence. In a more unusual case, however,  a Central Texas family was awarded $16.7 million following a suit against the Tarrant County based Senior Living Properties nursing home, which allegedly neglected to prevent an employee from leaving her workplace while intoxicated. The nursing home employee, 43 year old Alisa Prueitt, was several times the legal limit when she was involved in an auto accident that claimed the life of 37 year old Sam Graham.

Graham is survived by his wife, daughter, and son, the former of which spoke out this past February 4th, shortly after the Fort Worth jury reached its verdict. “This was never about money…It was about getting answers. It was about right is right and wrong is wrong. I didn’t want my husband’s life swept under a rug.”

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Historically,  medical errors have been chronically underreported and underdocumented; those judged to be insignificant are normally dismissed with that very same justification. Those errors judged to be worthy of documentation are nonetheless sometimes discarded as doctor, nurses and other hospital employees attempt to distance themselves from any implications of negligence.  As recently as 2004, the Institute of Medicine maintained its estimate of as few as 44,000 deaths per year, in line with prior estimates. A new study from the Journal of Patient Safety suggests otherwise, however. In the study “A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care,” the researcher’s most conservative estimate of otherwise preventable deaths due to hospital error was over 200,000 deaths per year.

With this in mind, we’ve compiled some of the notable medical errors that may be found to be malpractice.

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oak-cliff-wreckOn Wednesday, May 13, 2015 a tragic accident occurred in Oak Cliff, Dallas Texas on 10th Street   taking the lives of three people.  Dallas police confirmed that the driver of a SUV was traveling northbound on South Waverly Drive when the driver of the SUV struck a parked vehicle and then crashed into a house near the 1800 block of West 10th Street.

The Dallas police stated that the three people in the SUV were family members and that there were no survivors.  They were identified as Lucinda Rosas De Esparza, Evelina Maltos, and Paul Maltos.

The family of the deceased were heartbroken by the accident.  It is unknown regarding how the accident happened.

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The short answer is that your claim is worth what a jury would award you if you tried your case in court. Of course, most injury claims do not reach the court house.  At our office, we do not recommend our client to settle until they have completed their medical care and their future medical needs are understood.  Then at that point in time, the insurance company must offer a settlement that is comparable to what a jury would likely award you.  If they fail to make you a fair offer, we will advise you to reject the offer and file suit if necessary. Some of the damages you can collect regarding your injury claim include

  1. Medical bills
  2. Lost wages
  3. Mental anguish
  4. Physical pain and suffering.
  5. Physical impairment.
  6. Disfigurement

The value of your case is the total amount that a jury could award you for all of these damages.  That is why it is vital to retain an experienced trial lawyer that knows what a jury will likely award you with your particular case.  Any claims adjuster that tries to tell you what your claim is worth immediately after your accident is simply misleading you.  We do not honestly know the value of your case for two months, six months, or even longer if you’ve suffered a serious injury.  In short, every case is different, and only an experienced trial lawyer, like myself, can advise you what is fair regarding your case.

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Since 1988, I have been helping ordinary people just like you who have been injured by the negligence of others. Consequently, my adversary is the insurance company who pay on behalf of the party that caused the accident.  Now, the insurance company is not in the business to pay the injured victim what is fair.  Their objective is to make a profit.  In short, the less money they pay in claims, the more profit they make.  Our goal is much different, as we are seeking a settlement that will fully compensate my client for their injuries.  This situation is much more challenging for an unrepresented victim, a victim who already faces pain, mounting medical bills, and lost wages, only to be thrown into an arena of doctors and lawyers working together to damage or destroy the victims claim.  My goal in any personal injury claim is to thoroughly investigate the claim, preserve the evidence, protect my clients’ rights and recover a fair settlement, without my client going to court.  In fact, the vast majority of my clients agree to a settlement without the risk, delay, or expense of trial.  This is accomplished because my office has a reputation of going all the way to the courthouse whenever the insurance company refuses to cooperate.  It is exactly this threat that forces the insurance company to pay my clients what is fair.  If you’ve been injured in an accident, the insurance company is probably working on your case right now, looking for evidence to damage your claim.  You need an aggressive, experienced attorney on your side, who will fight for your rights.

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Imagine this: you are at your kitchen table, trying to figure out how you are going to pay your medical bills, the doorbell rings, and it is the insurance adjuster at the door. The adjuster has a settlement check, or a tape recorder ready to tape your recorded statement. What do you do? There are four reasons why you need an attorney to handle your claim.

1. The insurance companies are experts at what they do:

The insurance companies are in the business of negotiating claims. They have a team of adjusters, investigators, doctors and lawyers who are all working together to achieve one goal: to pay you as little as possible. Remember, the insurance company is under no legal obligation to inform you of your legal rights. Insurance companies frequently make inaccurate statements regarding your rights without being subject to any legal or financial penalties.

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