This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Personal Injury Law – Wrongful Death

Wrongful death is defined as loss of life caused by the irresponsible conduct or negligence of another person, company, or entity. This does not mean there has to be intent to kill. In a wrongful death lawsuit, proof of negligence, misconduct, breach of contract, default, or wrongful act that has led to the death of a person must be presented. Some common causes of accidental death include the following:

Medical malpractice, meaning negligence or improper care provided by medical professionals
Pharmaceutical liability, meaning death from defective prescription medication
Nursing home malpractice, negligence, or abuse compensation

Wrongful death law states that damages may be recovered by the family of a person who has died due to someone else’s negligence or misconduct. Surviving family members can receive compensation in the form of monetary payments for the loss of support, services, benefits, and future wages of the deceased. They can also receive payment for emotional distress and medical and funeral expenses. In some cases, the family may also receive punitive damages intended to punish the party that caused the death if they exhibited gross negligence or misconduct. In an accidental death case, damages are awarded by the court or agreed upon in a settlement after filing a lawsuit. The case is filed by the decedent’s representative, who is either named in the will or appointed by the court. That person files the suit on behalf of all survivors, defined as an immediate family who received support from the deceased person.

Wrongful death attorneys

If you believe your loved one suffered a wrongful death, it is essential to act quickly. Consult with a lawyer as soon as possible because the wrongful death law has a statute of limitations two years after the death occurred. The longer you wait to pursue your case, the more valuable evidence can be lost or destroyed, making it more difficult to prove that a wrongful death occurred. The attorneys at our Law Firm have experience in various wrongful death cases. Contact us today for a free consultation.

Do You Need A Lawyer After An Accident

If you are in a car accident, you have to get advice from a lawyer. Often, those who have experienced a car accident do not realize the total degree of their injuries and their rights has not been represented. They will not look for an attorney and get less than what they deserve from the insurance provider. Getting an attorney is important in getting full compensation for your vehicle along with your injuries due to a car accident.

Our lawyers also represent and advise pedestrians and individuals involved in car accidents, DUI accidents, and hit and run situations. They help people with injuries and provide advice on insurance claims, negligence, and liability. In addition, they help people understand their legal rights. They help their clients to know what to expect in the automobile accident case. They collect various information and evidence from people, witnesses, and necessary documents with accident reports like accident reports and medical records.

If you get help from a lawyer for a car accident, collecting evidence is very systematic and effective. Do you already know about an attorney, contact him and describe your case? If your case is outside the general area of the firm, they may send you to a competent car lawyer. If you do not have a car lawyer yet, you can search it with Google. At the moment you get some names and numbers, call or email them for call-free consultation. Many car accident attorneys are able to do this on the telephone, although some people want to meet personally.

A car accident lawyer will provide you with restitution for your injury case. In all matters related to personal injury, it is important to take steps to secure the evidence, investigate the accident in question, and file a lawsuit before the time limit imposed by state law. The initial consultation is given for free, and if the lawyer confirms taking his case, he can work on the basis of a contingency fee, which means you only pay if the lawyer wins your case. You may have a valid claim and be eligible to settle your injuries, but a claim should be presented before the statute of limitations ends.

A car accident lawyer can be used even if there is no serious injury or big loss to anyone. An attorney can deal with any and all insurance concerns, including settlement of insurance claims and negotiation with the insurer. The conversation is always something that takes a little bit of time and cleverness, the things the lawyer has so much experience with. It is a good idea to call a car accident lawyer to determine what can be done by both parties and what needs to be done.

The Federal Motor Carrier Safety Regulation (FMCSR) requires diligence on the part of a trucking company, not only when it employs a driver, but also after he/she begins operating one of its vehicles. In previous entries, we have discussed mandatory pre-employment background checks which must be conducted by trucking companies.

Section 391.25 of the FMCSR requires as well that a trucking company conduct a review of each of its driver’s driving records for the preceding 12 months. A motor carrier must also obtain reports from each of its drivers with a list of all violations of motor vehicle traffic law and citations of which the driver had been convicted and/or forfeited a bond or collateral during the preceding 12 months.

A trucking company must not only obtain such reports of employee/driver accidents or violations, but must also analyze these reports to determine whether any of the violations are such that the driver must be disqualified from driving for a period of up to one year. As in example, a disqualifying offense would be driving a trucking rig while under the influence of alcohol.
More information here @ https://www.carabinshaw.com/el-paso-18-wheeler-accidents.html

In addition, a trucking company’s supervision obligations include the duty to monitor the actual hours being logged by its drivers to make sure that they are not operating their rigs more than is allowed by law. The failure to monitor driver logs can be a grounds of liability against a trucking company, particularly in situations where a fatigued driver causes a collision.

Thus, among the many duties imposed by the Federal Motor Carrier Safety Regulations, a trucking company must diligently supervise all of the drivers in its employ, not only checking out their background thoroughly before employing them, but also during the period of their employ, constantly monitoring their activities to make sure they are in compliance with all applicable safety regulations.

Failure to properly supervise a driver can be an independent basis for liability against a trucking company – as it should be.

The applicable regulation is reprinted below:

Background and character

§391.25 Annual inquiry and review of driving record. (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.

(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.

(b)(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

(b)(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.

(c) Record keeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver’s qualification file.

(c)(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file.
Click on this link @ https://no1-lawyer.com/truck-accident-lawyers-in-el-paso/

Carabin & Shaw P.C., Attorneys At Law
221 N Kansas St 7th Floor, El Paso, TX 79901
(915) 779-2301

Car Accident Attorneys – Personal Injury Lawyers

Traffic accidents should be evaluated by car accident lawyer, particularly when they involve major injuries or fatalities.
While parties to a road accident normally consult insurance companies to resolve their claims, more serious situations call for the expertise of attorneys who specialize in truck, motorcycle or accidents. More information here @ https://no1-lawyer.com/

Parties involved in the car accident should immediately get in touch with a car accident lawyer following a car accident.

Some states abide by the “permanent injury rule,” which requires parties seeking recovery to prove that permanent injury resulted from the car accident. Recovery from the at-fault party may come in the form of lost wages and unpaid hospitalization and other medical costs that exceed the coverage of car insurance.

Settlement negotiations following car accidents, in most cases, primarily focus on determining what permanent injury is, and whether or not permanent injury was sustained.

You may contend that a spinal cord or brain injury, a broken bone and permanent scarring are apparent permanent injuries; however, auto insurance companies are likely to contest your claim.

To clear up the tight spot, you can contact a car accident attorney and overcome inaccurate determinations. Take advantage of free consultation services offered by car accident firms and lawyers.

Construction Accident Lawyer

On the other hand, a construction accident lawyer may be consulted if you incur injuries in a construction site accident, disabling you from doing the tasks you normally do.

Most construction sites in the United States may comply with safety standards and recognized hazard-free areas. Workers may also be trained to handle construction materials or operate machines under the strictest safety measures.

Despite these precautions, construction sites still face the possibility of being deadly zones with accidents brought about by faulty tools, defective equipment and malfunctioning machines.

Check with your attorney in cases of construction accidents such as falls, trench collapse or those that involve crane, scaffolding, welding and electricity in your work site.

Boat Accident Lawyer

Boating accidents, meanwhile, can occur during recreational activities or may be of a large maritime scale such as with ships or vessels.

Whether you sustained injuries while aboard a cruise ship or got involved in any sea accident, a boat accident lawyer in can help you. Boat accident lawyers will advise and guide you through the legal process of recovering your claims for personal injury or property wrecks, or in some cases, fatalities.

Remember to avoid signing any papers or making statements with respect to any car, construction or boating accidents without legal counsel from qualified accident attorneys. Contact reputed accident firms and set an appointment with car accident lawyers or boating and construction accident lawyers in the region to settle your claims.