Work Injuries – Other Factors Affecting Your Claim

workplace accidents

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers principal office in San Antonio

Other Factors Affecting Your Claim

As mentioned above, in order to sue, you must be able to prove that you have damages. Damages can come in many different forms. Compensatory damages include all non-economic and economic damages arising from your injury. Economic damages can include lost wages, all medical bills and expenses, loss of future income, travel expenses going to and from medical treatment, and essentially any measurable financial loss.

Non-economic damages are less tangible losses such as interference with family relationships, loss of companionship, pain and suffering, and loss of enjoyment of life. Punitive damages are those damages intended to punish the defendant for their bad behavior. Punitive damages in Texas can be up to twice the amount of your compensatory damages, both economic and non-economic, but cannot exceed $750,000 or $200,000, whichever amount is greater. More information our San Antonio Workers Comp Lawyer here

The amount of compensation you can receive for your damages in workers’ compensation cases is set by statute and is limited to economic compensatory damages. Just as you are able to sue a subscribing employer under a wrongful death claim involving gross negligence, you can also obtain compensatory non-economic damages and punitive damages. In non-subscriber cases, you are entitled to both economic and non-economic compensatory damages in addition to punitive damages, where warranted. More information our San Antonio Work Injury Lawyer here
Texas adheres to the doctrine of “modified comparative negligence’, which means as long as you were less than 50% responsible for your injuries, you can collect compensation for your injury from the other responsible parties. The doctrine is known as “joint and several liability” can have an unusual effect on the collection of your damage award. Although a defendant whose blame for your injury is less than 50% can only be held responsible for their share of the damages, a defendant who is found to be more than 50% at fault for your injury, can be held liable for the entire amount. In other words, a defendant may have to pay damages resulting not just from their share of the fault for your injury, they may have to pay the damages owed by every other defendant as well. This applies when the other defendants are not sufficiently solvent enough to pay.

Personal Injury Lawsuit Statute of Limitations in Texas

Texas has a two-year statute of limitations, or time limit, for most personal injury cases. This time frame is marked from the date of your injury until the time you must file your personal injury lawsuit. There are a few exceptions to this, such as in the case of an injured minor, or when the victim is in a coma or completely unable to assent to a case, or where the date of the injury cannot be determined. The application of these exceptions varies on a case-by-case basis, depending upon the specific circumstances surrounding the injury. For this reason, you should consult a knowledgeable and experienced personal injury attorney regarding the statute of limitations in your case. Don’t make a mistake and wait to file, assuming one of the exceptions may apply to you. Consult with your attorney, and be sure to file before the deadline. If you don’t, your case will be dismissed and your plans thwarted, leading to disappointment.

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Have You Been Injured In An Accident?

personal injury law

This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer

Have You Been Injured In An Accident?

When people are injured or when someone has died in a car accident due to the negligence of another driver, the negligent driver is responsible for compensating the victim or family for a personal injury or wrongful death cause of action. More about our San Antonio Car accident lawyer here

Liability Insurance

Most often, an insurance company is standing behind the defendant in a lawsuit arising out of an automobile accident. This is both good and bad for the plaintiff. It is good in the sense that the object of liability insurance is to pay for just such injuries and property damage, and settling a claim with the insurance company should be fairly straightforward. On the downside, however, is the fact that insurance companies are financially motivated not to pay claims unless they have to, and in that case to pay as little as they can. To that end, insurance companies use their vast financial resources to employ claims adjusters and attorneys whose job is to limit the company’s exposure to third parties. When dealing with an insurance company on a claim, it is often advisable to retain an experienced trial attorney who can level the playing field between you and the corporate giant.

All states require drivers to carry some form of liability insurance or proof of financial responsibility in the event of an accident. The minimum amounts of liability vary from state to state, but hover around $30,000 for personal injuries and $25,000 for property damage. People wanting to avoid personal liability over the policy limits may pay extra premiums to carry liability up to $100,000 or more. Regardless of these laws, however, as many as ten to twenty percent of drivers on the road do not maintain any form of insurance.

Uninsured and Underinsured Motorist Coverage

The easiest remedy against an uninsured motorist is to carry uninsured motorist (UM) coverage under your insurance policy. With UM coverage, your own company will pay you when you are injured by an uninsured motorist. Underinsured motorist (UIM) is companion coverage that will compensate you when your injuries exceed the other driver’s liability limits, to the extent the limits on your policy are greater than the negligent driver’s. State laws require insurance companies to offer UM/UIM coverage, but drivers are not necessarily required to carry it. Many drivers decline this coverage to save money on their premiums or because they do not understand the purpose of such coverage, but given the percentage of uninsured drivers on the road, it makes good sense to make UM part of your coverage.

No-Fault Insurance

Some state systems provide that your own insurance company will compensate you anytime you are injured in a covered incident, regardless of who is at fault. However, the policy limits under this system are generally low and only cover certain expenses, leaving you to sue the negligent driver directly to obtain a maximum recovery. When suing the negligent driver, whether under a no-fault system or because the driver was uninsured, you are left with the possibility of obtaining a judgment yet not being able to collect on it because the defendant does not have money or property to satisfy the judgment. Experienced attorneys know the many devices available to collect what they can, but some defendants are simply “judgment-proof” due to their low level of assets.

Contributory Negligence

Contributory negligence is a defense that holds that a plaintiff whose own negligence contributed to an accident or injury cannot recover from a negligent defendant who caused the accident. Most states have abandoned this rule in favor of some form of comparative fault. In states with pure comparative negligence laws, a plaintiff may recover against a negligent defendant for that portion of the defendant’s responsibility, even if the plaintiff was more negligent than the defendant. In other states, the plaintiff can only recover if they were less negligent than the defendant, or when the negligence of the plaintiff is less than or equal to the defendant’s comparative fault.
An experienced trial attorney will investigate each case individually and determine the proper responsible party, whether it is the maker of a defective automobile or part, a negligent driver, or an insurance company. Effective trial lawyers possess the skills to negotiate a favorable settlement with the insurance company, backed by the ability and willingness to take a case to trial where necessary.

Our attorneys have represented plaintiffs in car accident cases across the country for over 20 years. If you are the victim of serious personal injury from a motor vehicle accident, or if a loved one suffered a wrongful death at the hands of a negligent driver or defective automobile, contact our office to consult with an experienced attorney.

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Call Shaw if you or a family member were injured in an accident

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ON-THE-JOB INJURY ATTORNEYS

personal injury law, workplace accidents

This Blog was brought to you by the J.A. Davis & Associates, LLP – Accident Injury Lawyers in McAllen principal office in San Antonio

ON-THE-JOB INJURY ATTORNEYS

Ours is a prominent and respected law firm that has served the people of Texas for decades. We are aggressive, accomplished, and feared by insurance companies, corporate wrongdoers, and law firms. We guide our clients through the legal and financial challenges they encounter on their way to recovery from their accidents, and we achieve results. An on-the-job injury is an injury suffered by an employee while working. On-the-job injuries can occur by accident, damage, or occupational disease and may be covered by Workers’ Compensation laws, tort laws, or both. Workers’ Compensation laws provide benefits to workers and their dependents when they have suffered injury or death in a work environment. More about McAllen Workeplace Accident Lawyers here

These benefits include medical benefits, weekly or biweekly income, vocational rehabilitation, permanent disability compensation, and death benefits.

In serious injuries, these benefits may be substantially lower than the injured worker is entitled to under tort law. In cases where an employee has sustained an on-the-job injury caused by someone other than the employer, the injured employee may sue another person (third party) in tort law. Third-party cases may include traffic accidents, defective products, defective equipment, or exposure to toxic substances. Every on-the-job injury should be evaluated to determine if a third-party claim exists.

At our Law Firm, we have an outstanding reputation for finding and pursuing third-party liability claims. We offer a FREE evaluation of serious on-the-job injuries to determine if third-party claims exist. We are experienced in coordinating third-party claims and workers’ compensation benefits to get the best result possible for our clients.”IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ON-THE-JOB ACCIDENT OR AS THE RESULT OF EMPLOYER NEGLIGENCE, YOU NEED THE ADVICE OF AN EXPERIENCED TEXAS PERSONAL INJURY LAWYER. CALL US TODAY FOR YOUR FREE CONSULTATION. WHEN RESULTS COUNT -COUNT ON OUR LAW FIRM.”

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Personal Injury Law: Dog Bite Injuries

Dog bite injury attorneys, personal injury law

This Blog was brought to you by the Carabin Shaw Law Firm Personal Injury Attorneys San Antonio

Personal Injury Law: Dog Bite Injuries

With an estimated 4.7 million dog bites occurring in the United States each year, nearly 800,000 of which require medical care, approximately two-thirds of bites occur on or near the victim’s property and most victims know the dog and the insurance industry paying out more than $1 billion in dog bite claims each year. Texas is among the majority of states that have legislation on the books that specifically pertain to dog bites. The Dog Bite Law might stipulate how a dog bite victim might recover damages, but it does not address those critical steps a victim should take immediately after being bitten. Considering these staggering statistics, please take the following information seriously in order to avoid your child being one of 82% of children under 15 years old being rushed to the emergency room from a dog bite. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay any fees. So, make that call today!
ore about our San Antonio Dog Bite Injury Attorney here

If Bitten by a Dog

The first thing you should do if you are bitten by a dog is to seek medical attention immediately. If you are not treated, a bite can cause serious injury, infection, and even death if the animal was diseased. With 50% of dog bite victims being children under 12 years of age, it is crucial that you educate your child on how to behave even with dogs they know well.

Educate your Children.

Studies have found that the number-one dog-bite prevention measure is education. Children who understand how to act around dogs, how to play with dogs, when to leave dogs alone and how to properly meet a dog are much less likely to be bitten. To address this need, the American Humane Society has created American Humane KIDS: Kids Interacting with Dogs Safely, a dog-bite prevention program specifically for children ages 4 to 7.

Supervise your Children.

Unsupervised children may innocently wander too close to a dangerous situation. Eighty-eight percent of fatal dog attacks among 2-year-olds occurred when the child was left unsupervised. Supervision of children, especially around dogs, is one way to help ensure they are safe.

Safe Rules of Behavior for Kids

Never Treat A Dog Unkindly. At the core, this means to treat all animals with the respect you would treat another living being. Never hit, kick, slap, or bite a dog or pull on his ears, tail, or paws. Don’t bother a dog when she is busy. Never bother dogs with puppies or dogs that are playing with or guarding toys, eating, or sleeping. Always leave service dogs alone while they are working. Don’t approach a dog you don’t know. Call the police if you see a dog that is tied up, being treated abusively, or left in a hot car. Do not approach the dog on your own. If you want to meet a dog, first ask the owner for permission. If the owner agrees, hold out your hand in a fist for the dog to sniff. If the dog is interested, you can give him a little scratch under the chin (not over the head) and say hello. If a loose dog approaches you, stand still like a tree. Keep your hands at your sides, and stay quiet and calm. Look away from the dog. If you are on the ground, curl up into a ball, like a rock. Keep your knees to your chest and your hands over your ears. Stay quiet and calm. Look down at your knees, not at the dog. Always make slow movements, set things down carefully, and dont run when youre around dogs, as this gets them excited and they may accidently hurt you.

Get Help

If an animal has bitten you or a loved one, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated. It may be unclear against whom to bring a claim and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an attorney with experience handling dog bite cases. Please contact the experienced Dog Bite Lawyers at our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay.

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Carabin Shaw – Accident Injury Lawyers

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Press Release

Carabin Shaw – Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 2023] – Carabin Shaw – Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the “old Creamery” 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm’s commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw’s team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it’s a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm’s attorneys have a proven track record of obtaining favorable client outcomes.

“We are thrilled to announce the relocation of our San Antonio office,” said James Michael Shaw, Managing Partner at Carabin Shaw – Accident Injury Lawyers. “This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents.”

Carabin Shaw’s new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw – Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client’s physical, emotional, and financial losses.

For further information about Carabin Shaw – Accident Injury Lawyers and their services, please visit carabinshaw.com or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw – Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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