Insurance Companies Oppose You and Your Premises Liability Civil Actions
Insurance Companies Oppose You and Your Premises Liability Civil Actions
Premises liability lawsuits usually involve the defendant’s insurance company simply because virtually any business owner knows the first check each month goes for the rent, and the second one pays the insurance. The same can be said for the majority of homeowners: at least those who are still paying a monthly note. And though this business owner or homeowner gets liability protection for his monthly premium, the owner (and his insurance company) and any injured party view this insurance coverage differently. You might see it as a means of financial compensation. But often, the insurance company is really providing “plausible deniability” for the owner being responsible for paying damages. Does this sound a bit contradictory? Well yes, in many cases.
The insurance company is the one who writes the check to you if your case is successful. And it’s their job to fight you tooth-and-nail to deny your civil claim or case. Why? Because in order to protect their profits that come from all those premiums they take-in every month, insurance companies are in the business of not paying out claims whenever possible. They do it with insurance adjusters whose duty is to the insurance company, not to you: in spite of what the “friendly adjuster” might tell you. There’s always some reason why they’re dragging their feet in paying your claim. Sometimes they try to talk to you on the phone, and then record the conversation in hopes of tripping you up and getting you to say something they can use against you. The best way to avoid this hazard is to have an experienced Texas personal injury lawyer right here in Texas, a accident lawyer to take those calls and keep you out of the loop.
Another position insurance companies take is to suspect (whether it’s true or not) that you’re just looking for some sucker to fleece and are using the premises liability laws to do just that. This is one reason why insurers have great lawyers, either on-staff or permanent retainer, to foil you at every turn. They file motions, argue technicalities and generally try to put every legal roadblock they can think of to keep your case out of court. And they have lots of experience dealing with premises liability claimants: both those who are justified as well as those they claim are not.
And finally, if the insurance companies know you have a good case but are not represented by a liability attorney, they’ll offer you a “low-ball” settlement that can’t come close to paying all of your damages arising from the property owner’s negligence. Or they think their case defense might be weak, even if they also suspect the veracity of the plaintiff’s charges. In short, your opposition knows the ins and outs of premises liability law and the best ways to avoid paying your legitimate injury claim against a property owner whose negligence caused your injury.
If you or someone you love has been injured on someone else’s property, then call us today for a free consultation at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.
Our Main Office:
Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288
Can a Spouse File a Wrongful Death Claim?
Personal Injury Lawyers » Can a Spouse File a Wrongful Death Claim?
If Your Spouse was Killed Due to the Negligence of Another, You May be Allowed to Bring a Claim or Lawsuit
Can a surviving spouse – a husband or wife – file a wrongful death claim based on an accident? Yes. Spouses can and frequently do file claims based on their spouses’ deaths. San Antonio is a very dangerous place to live, and people lose their lives far too often, often due to the carelessness and even intentional conduct of others. If your spouse has died, the law provides you with ways to be financially compensated by the people and businesses that caused your spouse’s untimely death. Assistance is available in this process. Call Our Law Offices today for the legal help you deserve and need. We are proven and tested personal injury lawyers with long track records of serving Texans’ needs in wrongful death cases and other serious personal injury cases.
Life and Death in Texas
More than six million people live in the combined Houston-Sugar Land-Baytown area. I-45, I-10, Loop 610, Beltway 8, the Hardy Toll Road, Highways 59, 288 and 290: the list of dangerous places to drive in Houston is virtually endless. Near constant construction adds to the problems, as more and more people move into the Houston area. The area is also well known as a major center of industrial work: the refineries in Baytown and Pasadena, the Houston ship channel, the oil and gas work are done on and offshore and all the large and small industries in Houston make it a dangerous place to live. Combine all that with a well-known lack of zoning within city limits, and you have a super-treacherous place to live and work. Too many residents lose their lives in accidents and intentional killings. More information here @ https://no1-lawyer.com/wrongful-death-attorney-in-el-paso/
What Rights Does a Surviving Spouse Have to Compensation?
Survival Claim:The survival claim is the deceased person’s personal injury case. It is said that the personal injury case “survives” a deceased person’s death in the form of a survival claim. The survival claim is brought by the personal representative of the deceased person’s estate: this is sometimes known as the executor and administrator. In the case of a married person, the personal representative is very often the deceased person’s spouse. The personal representative brings the survival claim, and the survival claim benefits the people identified in the deceased person’s will (also oftentimes the spouse). When a deceased person does not leave a will or when a deceased person leaves a will that is defective or insufficient, Texas law mandates who gets the decedent’s property; not surprisingly, this is often once again a deceased person’s spouse, who has a special standing in the law’s eyes.
Wrongful Death Claim:
A Texas wrongful death claim is created specifically by the Texas wrongful death statute, contained in Chapter 71 of the Texas Civil Practice & Remedies Code. The wrongful death statute specifically identifies what is known as wrongful death heirs, that is, the people who can benefit from Texas wrongful death claims. According to Chapter 71, the only people who benefit from wrongful death claims in Texas are a deceased person’s spouse, children, and parents. The wrongful death claim is for the specific benefit of those people and not for the decedent’s estate.
Wrongful death cases are challenging cases in many respects. If your spouse or other loved one has been killed, count on Our Law Offices to hold the wrongdoers accountable. You can reach our team of Texas injury lawyers at toll-free. Click on this link for more information @ https://no1-lawyer.com
Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288
29.431620
-98.483380
https://carabinshawpc.business.site/
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Personal Injury Law – What Is A Settlement?
Personal Injury Law – What Is A Settlement?
In a personal injury case, a settlement occurs when there is an agreement between both sides in a civil law suit or through negotiations. The majority of personal injury cases, be they from a premises injury, transportation accident, medical malpractice, product liability, dog bite, wrongful death, or other type of injury, do not go to trial, but are settled by negotiating with the other party. One side will try to avoid going to trial by offering a specific amount of compensation that they would like the other party to agree to. It is usually, but not always, the defendant that requests a settlement. This is done to minimize the expense they will incur if the case goes to trial.
There is no typical, minimum or maximum settlement amount. The award is dependent upon a number of things, including:
The type of injury and how severe it is
How long it appears the injury will last and require treatment
What financial damages will be incurred (medical expenses, lost income)
A qualified personal injury attorney is the best person to weigh the damages caused by the injury and to put a value to your claim.
It is best to wait until the injured party has a full medical evaluation and is through, minimally, a portion of their treatment before a settlement demand occurs. It is only in this way that there may be a knowledgeable determination of the harm and damages caused by the injury, resulting in a settlement that will be significant enough to cover the future medical needs and expenses of the victim. Negotiation between both sides will then take place until an acceptable settlement amount is agreed upon. The negotiations may occur in an informal way, or, if necessary, mediation may occur.
Structured Settlements
A personal injury settlement may be received in two ways. One is a lump-sum award, in which the entire amount of compensation is given in a one-time payment. The other is called a structured settlement. There are a number of benefits to a structured settlement, such as tax benefits, and having the ability to predict future income, which assists in preparing in advance for the needs of the injured party. Before deciding on what type of settlement to choose, consulting an attorney and an experienced financial planner is advisable, since each person’s needs are unique.