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WILLIS
LAW FIRM
1221 McKinney
Suite #3333
Houston, Texas
Houston, Texas
(713) 654-4040
TOLL FREE
1(800)883-9858
1(800)468-4878
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PERSONAL INJURY - WRONGFUL DEATH
 A personal
injury claim is legal claim or proceeding in which an injured party seeks to
recover monetary compensation for their injuries and damages that
they have suffered. Many times a personal injury claim can be settled prior to
filing a lawsuit and without incurring the additional expenses associated
with depositions, hiring of expert witnesses, court costs and many more
obligations once a lawsuit is filed. In some cases, it may be a complete waste
of time to attempt to settle a personal injury claim until after apersonal
injury lawsuit is filed and discovery of the facts are more
complete. Once a personal injury lawsuit is filed then the personal
injury attorney starts discovery to proof of the facts, hire experts
and get their depositions as to fault, depose the treating doctors in order to document
and prove the extent of the client's injuries. In some cases, other experts
are needed such as accident reconstructionists, engineers, economists, life
care experts, biomechanical engineers, human factors experts and many others.
Negligence
Negligence is the failure to exercise the care
toward others which a reasonable or prudent person would do in the
circumstances, or taking action which such an ordinary reasonable prudent person
would not. Negligence is accidental as distinguished from "intentional
torts" (assault or trespass, for example) or from crimes, but a crime can
also constitute negligence, such as reckless driving, speeding, drunk
driving.To recover damages in negligence cases, a plaintiff must prove that
the defendant had a duty under the law to be careful, but wasn't. The
plaintiff also must prove that the defendant's inaction or carelessness caused
the injury and related damages.
Gross Negligence
Gross negligence is defined as
carelessness or negligence which is in reckless disregard for the
safety or lives of others, and is so great it appears to be a conscious
violation of other people's rights to safety. If gross negligence is
found by the trier of fact (judge or jury), it can result in the award of
punitive damages on top of general and special damages.
Personal Injury
Damages
In a personal injury
lawsuit a claim for damages (money) is filed or pursued against
all available entities to ensure that you receive maximum damages both
for your injuries and any other losses which can include:
- Pain and Suffering;
- Compensation for mental
anguish;
- Loss of past and future
income;
- Medical expenses for the past
and for the future;
- Loss of the enjoyment of life;
- Physical Disfigurement;
- Physical Impairment;
- Funeral Expenses (if
applicable)
Punitive or Exemplary Damages
Where the defendant’s conduct is found to be
intentional reckless, willful, wanton or malicious, the courts may permit an
award of punitive damages in addition to compensatory damages (damages to
compensate the plaintiff for their losses).Punitive damages
are intended to punish the defendant and to discourage others from similar
conduct
in the future.
Wrongful Death Lawsuit
Wrongful death is under tort law and is
designed to compensate for harm to a person resulting in death. A
wrongful death lawsuit holds that the decedent was killed as a result of
negligence or other liability, and that the surviving dependents or
beneficiaries are entitled to monetary(money) damages as a result of the
defendant's negligent or gross negligent conduct. Each state in the
United States has is own wrongful death statutes or wrongful death
laws that govern wrongful death claims and wrongful death lawsuits.
Wrongful Death Damages
Wrongful death damages are dependant upon the
relationship of the plaintiff to the deceased.
These wrongful death damages to the
wrongful death beneficiaries may include:
- loss of companionship;
- mental anguish;
- past medical expenses;
- loss income;
- potential financial contributions and
inheritance;
- funeral & burial expenses;
- loss of consortium;
- loss of support;
- Loss of benefits caused by the victim's
death (pension, medical coverage, etc.);
- Loss of care, protection to the survivors;
- General damages and
- Punitive or Exemplary damages
Contingency Fee Contract in a Personal
Injury or Wrongful Death Action
Contingency fees are based
on a percentage of an award or settlement that the lawyer recovers. If
the lawyer does not win the
case or obtain a settlement, the client does not owe any attorney fees
nor does the client have to repay the attorney for the expenses that the
lawyer has spent. The client however does still owe any outstanding medical
bills that he or she has incurred for their medical treatment. Contingency
fees have come under attack lately on the theory that they encourage lawyers
to file lawsuits that may not have any merit. In actual fact, a competent
lawyer is not about to take a case on a contingent basis unless it does have
merit. This is because the lawyer ends up spending his time and paying for
expenses to prepare a case without any guarantee that he will be paid. If
he is successful, he may be well paid for his efforts. If he is not successful,
he will have lost a considerable amount of time that could have been used
on
behalf of a client who is paying by the hour.
The contingency fee is also the only way many potential clients have of hiring
a lawyer. If all fees were charged on a flat rate or by the hour, the man
who is injured in an accident and loses his job would have no means to obtain
the
services of a lawyer. Most contingency fee contracts result from personal
injury cases. Lawyers will sometimes take other types such as commercial
or business types of cases on a contingency basis, but there usually
must be the potential for a large award.
Personal Injury Lawsuit - Wrongful Death
Claim
If you or a family member
have been seriously injured or killed due to the negligent conduct or grossly
negligent behavior
of another, then you may have a right to file a personal injury or
wrongful death lawsuit against these wrongdoers. Due to the nature of these
types of cases, a full investigation of the facts of the accident and
preservation of the evidence is essential to success. Time is of the essence,
Don't Delay. Call us if we can help.
 Willis
is a Board
Certified Personal Injury Trial Lawyer, certified by Texas
Board of Legal Specialization. Please call our office if we can be of
assistance to you or your family. No Fees or Expenses Charged unless we
recover for you !
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 If
you or a loved one have been seriously injured then call us for
a Free Initial Consultation. Talk to a Board Certified Personal
Injury Trial Lawyer in Texas with over 20 years of personal
injury and wrongful death lawsuit experience. Know your rights
under the law. Call to find out your rights to a personal injury
claim,
wrongful death lawsuit or other legal action. Call Now or E-mail
us.
(Contact an Injury Attorney)
Call Toll Free
1 800 883 9858
If
you have been injured, Talk to a Board
Certified Personal Injury
Trial Lawyer, certified by the Texas Board of Legal Specialization
since 1988. It cost you nothing to discuss your case or ask a question
to a Board Certified Personal Injury Attorney in Texas. No Fees
or Court Costs or Expenses charged to the client unless we obtain
a recovery. (Details)
Call Toll Free
1 800 883 9858
What does negligence
mean? How does it differ from gross negligence? When can you
recover punitive damages or exemplary damages ?
(Personal Injury Law)
Besides,
pain and suffering, mental anguish, disfigurement, loss wages,
physical impairment and medical and nursing expenses,
what other personal injury and wrongful death damages can a jury
award in a personal injury claim or a wrongful death lawsuit.?
(Personal Injury Claim)
Does it cost me anything to talk to the attorney
? NO, initial consultations are free and completely confidential.
If the Willis Firm agrees to take my case, what will I have to
pay them? All cases are taken with a contingency fee agreement.
No fees or expenses are ever charged to the client unless a personal
injury settlement is reached and agreed upon by the client.
(Personal Injury Lawsuit)
Wrongful Death
Quadriplegia
Paraplegia
Paralysis
Traumatic Brain Injury (TBI)
Spinal Cord Injury (SCI)
Closed Head Injury
Mesothelioma
Asbestos Lung Cancer
Silicosis
Anoxic Brain Damage
Cerebral Palsy
Burns & Electrocutions
Crush Injuries
Neck & Back
Injury
Acquired Brain Injury
Talk
to a Personal Injury Attorney in Texas with over 20 years of
personal injury
and wrongful death lawsuit experience. Call to find out your rights
to a personal injury claim, wrongful death lawsuit or other legal
actions. Don't let the statute of limitations in your case expire.
Don't wait, call us toll free or if you prefer to E-mail us.
(Click
Here For Injury Lawyer)
Call Toll Free
1 800 883 9858 |
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