Thursday, April 15, 2010

Wrongful death in Texas

Our law firm has been handling wrongful death cases in Texas on behalf of the family members that lost their loves one. A wrongful death occurs when, by negligence or malfeasance of some one, a person dies. It is not to be confused with murder, although there are civil implications from that criminal action (like OJ Simpson's case), but for the most part, a criminal act does not have to be involved.

Texas statute provides that a person is liable for damages arising from an injury that causes an individual's death if the injury was caused by the person's or his agent's or servant's wrongful act, neglect, carelessness, unskillfulness, or default. This is found in the Texas Civil Practice and Remedies Code Sec. 71.002.

Many times the wrongful death was because of medical malpractice, in which case the attorneys handling the case must be knowledgeable and careful with the handling of the case because Chapter 74 of the statute will apply.

Last week our law firm took on a case that our client's children were killed by the negligence of a police department that did nothing to prevent the death of the children. We will keep our readers posted on the results of the case. During this difficult times, our law firm provides the counseling, comfort and compassion needed by the families of the victims.

We are proud of providing legal representation in Texas for the families that would otherwise would have no way to have their cases heard in Court. Although we mainly serve the San Antonio our law firm has cases all throughout Texas and will continue to help the families of Texans.

Our attorneys will treat you with respect and dignity and you will be treated like a family member and not a number. Contact us so that we can discuss your potential case. Let us be your legal team.

Tuesday, April 6, 2010

Medical Malpractice in Texas

Before this new legislation was passed, people in Texas were able to be compensated when a doctor did something wrong to them. Now a days, that is not the case. Before personal injury attorneys will take any medical malpractice case, there is too many concerns that we must face.

First, is the amount of money that is going to be spent, worth the time and effort that is going to be used to obtain a fair and equitable settlement for the clients. Next, is the expert report, required by Chapter 74 of the CPRC going to overcome the challenge by the Defendants. Also, is there any insurance coverage that would decrease the recovery for the injured. These and many more are considerations to be taken by the lawyer or law firm that will handle your case.

Before proposition 12 was passed, the former 4590i statute gave some indication as to where the law was going to go. Today, the impact that has created on the community is far to grave to describe.

For instance, the paid or incurred statute rewards the irresponsible in Texas and punish the person who does what is right. To explain this concept, it would take another post, so stay tuned.

In essence, Texas has become a place where the injured are suffering more and more, and the wealthy insurance companies and doctors are benefiting at the behest of their pain and suffering. Something needs to be done pronto.

Fortunately, there are still law firms that will handle some cases. If you, or some one you know has been injured by a doctor, contact us. We care about your legal needs.