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  Who is the Defendant? Is there More than One? Then You Must Identify Them All

  May 13, 2020 - By Charles Michel

  Who is the Defendant? Is there More than One? Then You Must Identify Them All

  As we’ve already said, in a personal injury lawsuit as a result of a car accident, you, the plaintiff, can claim anything you want. And all the defendant has to do is say “prove it.” If you don’t, the defendant wins.
  
  In many instances, it might not be entirely clear from the outset just who was to blame for your injuries. In some cases, this is because the actions that ultimately led to your injuries may have happened long before those injuries occurred. For example, if you were involved in a car accident because there was a mattress lying in the middle of the road, the car or truck that was hauling the mattress maybe 50 miles down the highway by the time you hit that mattress with your car. In other cases, so many parties may have been involved in the events leading up to your accident that it can be difficult to sort everything out and precisely know which one (or ones) was negligent. It’s always possible that several share the blame. And when multiple individuals cause an accident all can be named as defendants. In any event, a thorough investigation conducted by an experienced personal injury lawyer can usually identify the source (or sources) of your injuries.

  Besides the importance of conducting an investigation, there’s one other key thing to know about defendants. It’s important that you file a lawsuit against a solvent defendant: a person or entity with enough money to pay you damages, especially if they might not have a liability insurer. If a defendant is insolvent you won’t be successful in collecting the full amount, or any amount, of the damages, whether you’re able to prove that he’s liable or not. This is a sad circumstance, but one that unfortunately does occur.

  Defendants know that if they can appear “poor,” they won’t be required to compensate an accident victim for injuries the defendant caused them. And many defendants can go to great lengths to hide their assets and appear insolvent, even when they’re not. at our Texas Law Offices, we perform thorough asset checks of all defendants and know all the tricks they try to hide their assets. We create a clear picture of all their available resources: cash or liquidate equity. If the defendant in your case is hiding something, you can bet that we’ll find it.

  Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim, and how much compensation you can win from your personal injury case. Regardless of how it happened, we’ll answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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  LAWYERS REPRESENTING VICTIMS OF TRUCK ACCIDENTS

  March 25, 2020 - By Charles Michel

  PREEMINENT LAWYERS REPRESENTING VICTIMS OF TRUCK ACCIDENTS

  An 18-wheeler or other truck colliding into a car, pedestrian, or bicycle typically results in devastating injuries or even death. Our bodies are simply not made to withstand the impact of tons of steel crashing down upon us. Those who survive a truck accident are often left with serious disabilities that gravely impact their lives and the lives of their loved ones.

  If you or a family member has endured the trauma of a truck accident, you have the right to pursue legal action against the negligent parties. In fact, an experienced lawyer can make a significant difference between a minimum settlement and a maximum recovery.

  Our law office and attorneys from a personal injury litigation firm have pooled their collective experience and extensive resources to provide quality, compassionate representation to truck accident victims and their families.

  Put our experience to work for you. Contact a skilled personal injury attorney by calling our office. We are available to assist you 24 hours a day, seven days a week and will travel to meet with you. We will always take the time to explain the law, discuss your legal options and explore the cause of your truck accident.

  Aggressively Seeking Compensation for the Injured
  We have the legal knowledge and courtroom skill needed to obtain full and fair compensation for victims suffering from:

  Spinal cord injuries including paraplegia, tetraplegia, and quadriplegia
  Closed head injuries
  Brain damage, including traumatic brain injuries (TBI)
  Serious fractures
  Loss of a limb

  Living with dignity and comfort after suffering a catastrophic injury is often very costly. Achieving a financial recovery from the at-fault party is therefore of the utmost importance.
  Contact Us
  We understand that, following a truck accident, it may not be possible for you to meet with us in our office. As a result, we will gladly visit you in your home, in the hospital, or any other convenient location.
  Personal injury cases involving trucking accidents are handled on a contingency fee basis. This means you will not be charged attorney fees unless we are successful in recovering compensation. You have nothing to lose by contacting us to discuss your possible claim.

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  Personal Injury Law – Car Accident Attorneys

  February 28, 2020 - By Charles Michel

  Is the Defendant Insured or Uninsured? And is the Defendant Solvent Enough to Pay for Your Damages?

  All Texas drivers must have liability auto insurance, and there are no exceptions. Several powerful technology tools and accessible databases allow law officers to know immediately if a driver has insurance. They can execute a certain amount of “street justice” by towing non-insured vehicles and giving their drivers costly tickets. But still, at least one-in-four Texas drivers don’t carry auto liability insurance. Whether or not an insurance company is involved in your case makes a huge difference in the outcome of your claim, and how it is handled. Certain conditions surrounding your accident (and winning compensation) can become convoluted and contentious, while others are relatively straightforward.

  

  Suppose that both drivers involved in your accident were insured to some degree. Being insured is generally good news for you because when this happens, it usually means that – eventually –there will be at least some amount of money available to compensate you for your losses once you are successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle. Their policy may not fully reimburse you for your total losses if your accident was especially severe or expensive since the minimum amount is $30,000 for both injuries for each person and $25,000 for property damage. And how many vehicles on the road today are worth over $30k, not counting the property that was in the car?

  Additionally, just because there is money that is theoretically available under an insurance policy to compensate you for your losses, it doesn’t mean that that money will be easy to get your hands on. Anyone who has carried minimum coverage understands that some companies pay better (and quicker) than others. And some, with both claimants as well as their customers in general, aren’t generally very responsive to any process other than taking in premiums, then dragging their feet when it’s time to pay-up. In just about any accident claim or a civil case where an insurance company is involved, it means you’ll face opposition. You will be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who are all working to make certain that you lose your case.

  Then there’s the one-in-four chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully, you have uninsured motorist coverage. Aside from that possibility, if an insurance company does not represent the other driver, that other driver will probably be held responsible for paying you for your damages. Your primary interest is in whether this driver who hit you is solvent. If a defendant is insolvent, it means that he or she does not have enough money to compensate you for your injuries. When a defendant is insolvent there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. It is an all too common reality that some accident victims are unable to recover compensation from insolvent defendants.

  Sometimes, a driver who has been involved in a wreck will take desperate steps to hide his assets to appear insolvent. He or she might also try and hide this accident from their insurance company that threatens to drop coverage if this person gets in one more wreck. If you suspect this may be happening in your case, the auto injury attorneys at our Law Firm can perform an asset check on any accident defendant to find out how much they are actually worth. If there’s money available, we’ll find it and work to make sure you get your fair share.

  The time after being seriously injured in a car accident is often stressful and confusing to the victims and their families. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case or represent yourself when you are unqualified to look out for your or your family’s best interests. We are uniquely qualified and fully prepared to fight for and win the fairest compensation for your total damage claims. If you or someone you know was injured in a car accident, contact an attorney at our Law Offices today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

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  Personal Injury Attorneys – Conflict Of Interest Or Not

  July 12, 2019 - By Charles Michel

  The same injury lawyer can usually represent two (or more) people were injured in the same accident, unless the lawyer may have a conflict of interest in representing both of them, which means there could have ethical problems involved. Let us look at the conflict of interest in connection with such dual representation in a personal injury case.

  If a lawyer representing or two people injured in the accident as well, a conflict of interest may arise if one of these people may be considered wrongful, even partially, for the underlying accident.

  What is a conflict of interest?

  In the practice of law, one of the most common ways that may occur a “conflict of interest” is when a lawyer by agreeing to represent a client, may damage the interests of another client. If a lawyer representing or two people injured in the accident as well, a conflict of interest may arise if one of these people may be considered wrongful, even partially, for the underlying accident (think of a crash car title example of where possible). A second type of conflict of interest may arise if there is a limited quantity of product available to pay the claims of two guests (or more) who were in the accident.

  Let’s delve a little deeper into these two types of conflicts of interest.

  When a client may be at fault

  Let’s say you and your friend(s) are the passengers in a car that was hit by someone else. It is an easy matter. The two of you have potential claims against the driver of the car that you were in and against the driver of the other car and none of you can be considered at fault. There is no question of having the same lawyer represent both of you.

  Now let’s say you are driving and your friend is a passenger in the vehicle, who is affected by someone else. If, for example, your car is stationary at a red light and you are rear ended, it is still problematic for counsel from an ethical point of view. The accident almost certainly fault of the other car, so you can have the same lawyer.

  But what happens if you collide at an intersection? Now, the crash may be your fault. In this case, you would have a claim only against the other driver, but your friend would have a claim not only against the other driver, but also potentially against you, depending on what the evidence shows the cause of the accident . So it would probably be considered unethical for a lawyer to represent both you and your friend. Theoretically, your friend could sign a waiver of any recourse against you and you two could sign the waiver of any conflict of interest, but that’s probably pushing it. (More personal injury claim and do not do.) Most lawyers would say the two friends should get separate lawyers.

  

  When there is limited restitution available

  Often this situation arises when the defendant, which is clearly wrong, has a limited amount of insurance. Let’s say you are driving and two of your friends are passengers. You wait at a red light when you get hit pretty hard. This is obviously fault of the other driver. All three of you suffer major injuries, such that each of your case may be worth $ 50,000, but the defendant has only $ 50,000 in car insurance coverage. What is happening in this situation?

  Here the conflict of interest is that each of wounded people want as much as he or she can get the limited insurance policy to cover the damage. Theoretically, each of the plaintiffs could just distribute the policy of $ 50,000 equal shares or in other agreed in the way. And if the plaintiffs agree on how the policy should be split, there is probably no conflict of interest.

  But what happens if they do not want distributed equally to insurance proceeds? In this situation, it would be impossible for the same lawyer to continue representing all three of those injured. The lawyer would have to withdraw from the case, and all three will have to find new lawyers.