Is Your Lawyer Selling You Out? 7 Signs To Look For

Friday, August 11, 2023

It is imperative to have competent, professional, experienced and reliable legal advice when involved in a personal injury case. It is best to employ a Texas Board of Legal Specialization in Personal Injury Law. Only 3% of Personal Injury Attorneys are board certified in Texas. It is an elite group of professionals in personal injury law in Texas.

Managing and progressing a Personal Injury case can be very difficult, especially if the victim is suffering with long-term injuries and the related ill effects after the accident. It is absolutely crucial that the injured have someone to trust to navigate what can be an extremely traumatic incident.

A competent, experienced personal injury lawyer is the key to ensuring that the victim of an accident receives the financial assistance and compensation that they are entitled to – the right personal injury lawyer could be the difference between you being awarded damages of $10,000, and receiving compensation of $500,000.

Determining whether a lawyer is selling you out or acting against your best interests is difficult to know for sure. If you suspect your lawyer may not be acting ethically or is betraying your trust, consider the following:

Trust Your Instincts: If you have a gut feeling that something is amiss or that your lawyer is not acting in your best interest, take this feeling seriously. Pay attention to any red flags or inconsistencies in their behavior.
Communication: Open and clear communication is crucial. If you feel that your lawyer is not keeping you informed about your case, is avoiding your calls or emails, or is not providing satisfactory explanations for their actions, it could be a sign that something is wrong.
Review Your Case: Educate yourself about the details of your case and the legal proceedings involved. This will help you identify any discrepancies or actions that seem to go against your interests.
Get a Second Opinion: If you have doubts about your lawyer’s advice or actions, consider seeking a second opinion from another attorney. Another lawyer may provide a fresh perspective and help you understand whether your current lawyer is acting ethically.
Check for Conflicts of Interest: Lawyers have a duty to avoid conflicts of interest that could compromise their representation of you. If you suspect your lawyer has a conflict of interest that is affecting their representation, discuss your concerns with them and ask for an explanation.
Monitor Billing and Fees: Keep track of the fees and expenses associated with your case. If you notice unexplained or excessive charges, it could be a sign that your lawyer is taking advantage of you.
Research and Feedback: Look for any negative feedback or complaints about your lawyer online. This could provide insights into their reputation and behavior.
Consult Legal Ethics Guidelines: Each jurisdiction has its own set of ethical rules and guidelines that lawyers are required to follow. Research the ethical rules that apply in your area to see if your lawyer’s actions raise any concerns.
Report Misconduct: If you believe your lawyer is engaging in unethical or inappropriate behavior, you can consider filing a complaint with the appropriate legal authorities or bar association in your jurisdiction. They can investigate your concerns and take appropriate action if necessary.
Consult a Different Attorney: If your suspicions persist and you believe your current lawyer is indeed selling you out, consider seeking legal advice from a different attorney. They can guide you on how to address the situation and protect your interests.

Remember, it’s important to maintain a balanced perspective and gather as much information as possible before making any accusations. Not every misunderstanding or disagreement indicates that your lawyer is selling you out, but it’s essential to take your concerns seriously and take appropriate steps to address them.

Symptoms that may Indicate Your Attorney is Selling You out

Your Attorney Regularly Misses Deadlines and Meetings

For a variety of reasons, attorneys keep appointments and adhere to deadlines. To make sure your case has the best possibility of succeeding in your favor, for example. Additionally, lawyers do this to demonstrate their professionalism and ethical behavior, as well as the seriousness with which they approach each case. According to the statute of limitations, a claim’s supporting documentation must be handled and provided to the court.

According to the American Bar Association, a lawyer’s failure to submit the documentation required to advance the case results in 8.6% of legal malpractice cases. Legal malpractice may have occurred in this situation if the attorney’s inability to prioritize the case made it worse. It’s crucial to find a lawyer who can handle your case professionally while also respecting your time and work if you want a well-organized, trouble-free case.

Your attorney seems disinterested in your case.

You should anticipate having a professional connection with your attorney if you engage them and they consent to represent you in court. This connection enables the attorney and client to work together, discover morally superior common ground, and advance toward a shared objective. Both parties in a relationship should hold the other one responsible for fulfilling the conditions necessary for a lawsuit to be successful. However, a lawyer who treats their client with respect will stand out to everyone concerned.

Recognizing that the primary reason clients come to them for legal assistance, be careful to choose a lawyer who demonstrates interest in the case overall as well as respect for your time. If a lawyer doesn’t respond to you in a timely manner, as a possible client in need of assistance, look for someone who will make you feel as though they are constantly putting you first.

An indifferent lawyer frequently hurries clients, is unable to provide appropriate decision-making processes, and requires more openness regarding the client’s legal knowledge. The customer feels uneasy as a result of this failure since they are unaware of how the case will turn out. Avoid hiring a lawyer who is primarily interested in the case’s financial outcome. Your attorney ought to respect any worries you have about your case.

Your attorney is pressuring you to quickly decide to resolve your case.

If you feel that your attorney is pressuring you to resolve the dispute quickly, it’s time to reconsider your course of action before making a choice based more on expediency than morality or reason. A lawyer is available to help clients understand the matter while also guiding them through it. It is important for prospective clients to choose a lawyer who seeks to help them make judgments based on their comprehension of the case while knowing what’s best for them as many people seeking legal assistance are unfamiliar with the legal procedures.

The lawyer has demonstrated that they do not have your best interests in mind if you are being pressured to make significant decisions immediately or if you are unable to comprehend what is happening in the case. Find a reliable person who will go above and above to calm your anxiety by explaining the fundamentals of that particular court case rather than just offering advice on what to do next. Keep in mind that your relationship with your lawyer is reciprocal. You can decide on these things jointly.

Not only does the lawyer not return your calls, but neither do they.

It is in your best interest to send a certified letter to your lawyer’s office criticizing the failure to communicate correctly and informing them you are considering finding a new lawyer if things don’t change if your lawyer is unable to return your calls or ignores your calls in general. In order to achieve maximum compensation, good communication between the client and the attorney must continue throughout the process.

Clients can examine Rule 1.4 of the Model Rules of Professional Conduct of the American Bar Association, which describes how a lawyer should maintain communication. Even if it differs from case to case, having a general idea of what to anticipate from your attorney will help you be more prepared for the case if there are any communication problems.

Lack of Honesty and Transparency in Payments and Billing

To establish a strong client-attorney relationship, one of the top challenges and worries for persons wanting to hire counsel is having to deal with a lack of transparency surrounding invoicing and payments. It is typical for customers to require to be informed of how and how much a lawyer will charge them. There are ways to reduce uncertainty before it arises, even though you cannot always assume that a client will have the information necessary to understand how lawyers use their time and calculate a cost.

When selecting a lawyer, being up front about your payment and billing problems will help them gauge your level of comprehension and your expectations. There are ways to submit a complaint if you believe your lawyer has misled or lied to you about payments if the transparency issue is out of the client’s control.

Lack of confidence in front of the judge and in the courtroom

Clients may find themselves in an awkward situation if they observe their lawyer displaying a lack of confidence when he or she is representing them in court. Most people would imagine they wouldn’t have to confront their attorney about their lack of confidence in the courtroom. Although clients can discuss these issues in a mature and acceptable manner, they do not want or desire the additional unease of having to face their lawyer’s prestige.

Before selecting a lawyer to represent you, it is crucial to conduct extensive research on their background and philosophy because confidence and reputation go hand in hand. This study assures a smooth process and helps prevent any awkward encounters in the future.

Ignores your questions and refuses to respond to them

Customers need to recognize that asking rapid questions won’t always result in quick responses. While a lawyer’s role is to assist clients with their legal inquiries, it is also their responsibility to fully comprehend the issues the client is posing in order to provide comprehensive responses. A smart, systematic attorney will be aware of the proper window of time for responding to clients’ inquiries.

There is a way if you discover that your attorney consistently sidesteps your questions and it seriously jeopardizes the case. In the event that your demands are appropriate, you can submit a certified letter to the lawyer’s office criticizing their inability to communicate effectively and informing them that it is in your best interest to look for a lawyer who can meet your needs.

Posted by Aaron Herbert at 7:13 am

Texas Bus Accident Lawyers

Thursday, July 28, 2022

Every year in Texas, thousands of people are killed or seriously injured in Texas bus accidents. Tragically, many of these accidents are the result of negligent, reckless Charter bus and Tour bus drivers and their employers. Whether you are a passenger on a Charter bus, Tour bus or in a motor vehicle or pedestrian, you entrust the bus driver and bus company with your loved ones’ safety and well being. An accident caused by a bus company is among the last thing you would expect. Yet, when a bus accident happens, the consequences can be significant, both emotionally and financially. Our legal system has in place a mechanism to ensure that the costs of bus crashes are borne by those at fault. Experienced Texas bus accident lawyers can help you determine if you have a valid claim for your injuries, and, if so, how to maximize the recovery from all negligent parties.

Bus Accident Statistics

Buses are often thought of as a safe alternative to flying for large groups traveling across the country, in the state of Texas, or even just across town. But the number of deadly Texas bus accidents in the news are proof that travel by bus is not always guaranteed to be safe. In each of the years from 1990 to 2001, there were between 50,000 and 63,000 bus crashes in the United States. Between 1991 and 2004 somewhere between 15,000 and 21,000. In 2015, 4,311 buses were involved in fatal crashes. The National Highway Traffic Safety Administration estimates that between 2000 and 2007, 1,093 fatal bus accidents have occurred, resulting in 1,315 fatalities and 3,471 injuries. This translates to about 137 bus-crash related fatalities a year. The number of people injured because of careless bus drivers and bus companies is much higher.

Cases of Tour Bus and Charter Bus Accidents

There are many reasons why a bus may get into an accident. Some of the most common reasons include:

Negligence on the part of the bus driver
Negligence on the part of the driver of another vehicle
Speeding
Alcohol or drug Use
Sleep deprivation
Mechanical problems
Improper maintenance
Distracted driving such as cell phone use
Inadequate training
Inadequate supervision

Common Tour Bus and Charter Bus Accident Injuries

Some of the most common injuries individuals sustain when involved in a bus accident include:

Whiplash and spinal cord injuries
Fractures
Sprains to the muscles
Brain injuries
Trauma to the head
Paralysis
Crushing injuries
Damage to nerves
Internal injuries
Cuts, bruises and burns

What Damages Can I Recover After a Charter or Tour Bus Accident?

One of the most common questions asked of a Chart bus or Tour Bus accident attorney after a bus accident is in regard to what damages can be recovered. If you or a family member has been injured in a Charter Bus or Tour bus accident, you may have a claim against the driver of the bus, bus company and other third parties for:

Medical expenses
Lost wages
Impairment of earning capacity
Life care expenses
Vocational rehabilitation
Pain and suffering
Loss of consortium (the services of an injured spouse)
Punitive Damages
Wrongful death Damages

Who May Be Responsible for Your Injuries?

Because of the many ways a bus crash can happen, the question of who is responsible for injuries and other damages depends upon the circumstances of the accident. Early in the case it is important for your lawyer to identify certain parties, such as the owner of the bus, the company that operates it, and the company responsible for making repairs and maintaining the bus in a safe mechanical condition. Finding an attorney who will locate all potential responsible parties is crucial. Some of those your lawyer may identify as parties responsible for your injuries include: The Bus Company – A bus accident may occur because the bus company sends a defective bus out on the road with faulty brakes, a shaky steering column or overused tires. The company’s actions in hiring unqualified drivers, maintenance people and other personnel, or in negligently training or supervising them may also contribute to the cause of an accident. In addition, the company may be found at fault for a bus crash and passenger injuries caused by its failure to make or enforce adequate safety procedures. Bus Maintenance Companies – If the bus company contracts an independent company to maintain the vehicles in a safe mechanical condition, that company may be sued independently for negligent maintenance that causes a crash or accident. Affiliated Cruise Lines and Tour Operators – Owners and drivers of these buses can be held liable for driver negligence in an accident. When a bus trip is part of a package offered by a tour service, the service itself may be liable for damages to passengers when a crash occurs in an affiliated tour bus. Bus Driver – Accidents are often caused by the driver’s negligent operation of the bus. Drivers may violate traffic controls, fall asleep at the wheel or have their attention diverted by non-driving-related distractions. Bus drivers involved in a crash can be held personally responsible for the injuries sustained by the passengers. As a practical matter, however, the companies employing the bus driver, and their insurance companies, will typically be held financially responsible for bus crashes and resulting injuries. Drivers of Other Vehicles and their employers – Owners and drivers of other cars, trucks and other vehicles may be held responsible for injuries caused by negligent or reckless driving. A driver’s employer may also be held liable for an accident if the driver was operating the bus while performing work duties. Manufacturers of the Bus and/or its Parts – A bus manufacturer that sends a defective vehicle from the factory to the marketplace subjects passengers to unreasonable danger and potential harm. As a result, the bus manufacturer can be held responsible for damages when a crash occurs. Likewise, the manufacturers and retailers of defective bus parts that may have caused the bus accident could be liable for the injuries to the passengers.

What Qualifies as a Bus for Purposes of a Bus Accident?

The Federal Motor Vehicle Safety Standards define a bus as any motorized vehicle capable of carrying more than 10 passengers. The category includes school buses, large vans used for public transport, church buses, municipal transit buses, many airport shuttles, tour buses, trolleys, and interstate carriers, such as Greyhound buses. Most of these are considered “common carriers” under the law, and are therefore subject to state and federal licensing requirements and other regulations, but it is state law that will determine if bus companies and others are liable for compensating a passenger for injuries sustained in a crash. There are many Charter and Tour bus companies operating in Texas and just some of the few that have been involved in collisions include:

Greyhound Bus Company
Gogo Charter Bus
Charter Bus Company
Echo Transportation
Cowtown Charters
Tornado Bus Company
First Class Tours
Star Shuttle & Charter
OK Tours
San Antonio Charter Bus Company
Roadrunner Charters
Coach USA
Concord Coach Lines
First Transit
Megabus
Thruway Motorcoash
Trailways Transportation System
Capital Metro
Loan Star Coaches
Prompt Bus Charters & Tours
Central Texas Party Bus
El Expreso Bus Company
Clark Travel
Kerrville Bus Company
Continental Bus Lines & Charters
Houston Charter Bus Company

Selecting Texas Bus Accident Lawyers

It is important that the lawyer you hire is experienced and capable of navigating the state and federal laws and regulations governing all types of bus service providers, and that your attorney can determine if violation of those laws caused your accident or made your injuries or other damages worse. It is very important for a lawyer handling these cases to ensure that all potential sources of compensation are pursued, whether fault lies with the bus’s manufacturer, the bus company that hired an unqualified mechanic, or the driver of the tractor-trailer that rear-ended the bus. It is also important for Texas bus accident lawyers to retain investigators and well-respected experts to investigate the causes of your crash. If it appears that your accident may have been caused by a dangerous road condition, your attorney will need to hire expert civil and traffic engineers to pinpoint those road deficiencies. Competent and reliable lawyers will invest the necessary resources and efforts to ensure that your case is resolved for its maximum value. Such attorneys will hire the necessary investigators and experts, visit the location of the bus crash, take images of the scene, conduct tests where necessary, find and interview witnesses and investigate prior complaints or claims that have been made against the responsible parties. Aaron A. Herbert has extensive experience handling personal injury claims involving buses and recovering substantial settlements and verdicts for his clients injured in bus accidents. You will incur no attorney fees, court cost, or legal expenses unless you recover. Time to file is limited by Texas law, so call today to protect your right to the compensation you deserve. Call 24/7 (210) 435-7968 or toll free to (855) 655-HURT.

Posted by Aaron Herbert at 12:43 pm

How Much Is My San Antonio Personal Injury Claim Worth?

Monday, June 6, 2022

You may not have to pay for your medical bills and other losses out of pocket if you did not cause your accident or injury. In San Antonio, you have the right to pursue financial compensation from the person who did cause your accident using a personal injury claim. One of the most frequently asked questions in personal injury law is, “How much is my claim worth in San Antonio?” The only way to get an accurate answer to this question is by asking an attorney. However, you can get an idea of the value of your claim by understanding how the Texas courts calculate damage awards.

What Damages Are Available?

How Much Is My San Antonio Personal Injury Claim Worth? 1 — Antonio Car Accident Lawyers

The word damages in personal injury law refers to the financial compensation available for an injured victim’s losses. The point of a personal injury lawsuit is to make the victim whole again through financial compensation. When discussing damages with your lawyer, you will be referring to the money you may be able to receive from the at-fault party (defendant) through an insurance claim or personal injury lawsuit. In Texas, you could recover compensation for several types of economic and noneconomic losses.

Medical expenses
Disability-related costs
Lost wages
Property damage
Pain and suffering
Legal fees
Travel costs
Out-of-pocket expenses
Punitive damages

These are some examples of damages that could be available to you as an injured accident victim in San Antonio. This does not, however, mean that you will be eligible for all of these categories of losses; you will only receive compensation for the actual losses you suffered in the accident. It will be up to you to prove the losses you experienced due to a defendant’s negligence. You or your lawyer will need to show an insurance company, judge or jury that you suffered these losses using evidence such as medical bills, receipts, pay stubs and medical expert testimony. Without evidence of your losses, you may not receive fair financial compensation.

How Do the Courts Calculate Damage Awards?

Once you have a comprehensive list of the losses for which you are seeking compensation, you can gain an idea of how much your claim might be worth by calculating an award using the same techniques that will be used by the courts. A lawyer can help you with your calculation to make sure you ask for enough money in your insurance demand letter.

Economic damages. The courts calculate economic damages by adding up the actual expenses related to your accident, such as health care costs and lost wages. They will also take into account any future economic damages connected to a long-term injury.
Noneconomic damages. The value of noneconomic damages is entirely up to a jury. However, the jury may use a common calculation method, such as multiplying the total amount of economic damages by a number that represents the severity of your injuries.

It is impossible to accurately predict how much you will receive for a claim in Texas, as a lot of it is up to a jury’s discretion. Every client is unique, and awards are given on a case-by-case basis. The best way to obtain an accurate estimate is by asking an attorney for an estimate.

What Factors Can Affect Your Settlement?

An attorney in San Antonio can help you understand the potential value of your personal injury claim by analyzing common factors that affect payouts, such as:

Injury severity and extent
The length of time it will take you to recover
Whether your injury interferes with your ability to work
Your income before the accident
Your age and overall health
Physical pain and emotional distress
Liability for your injuries
The amount of insurance coverage available
Your comparative fault for the accident

With these facts in mind, your lawyer can give you a case estimate that comes close to the amount you actually receive, if any. An attorney will have the legal experience necessary to make this analysis. Consult with an attorney today for more information.

Posted by Aaron Herbert at 12:24 pm

What Can a Personal Injury Lawyer Do That You Can’t?

Monday, May 9, 2022

It is not a requirement to retain a personal injury attorney in Texas to represent you in Texas. You’re welcome to represent yourself during insurance settlement negotiations and even in a trial, but there’s a reason the overwhelming majority of plaintiffs opt for professional help. There are many things lawyers can do that the typical person can’t – including, in most cases, getting the most compensation for your claim. If you’re on the fence about retaining a lawyer for your case, find out what you’d be missing should you self-represent.

Negotiate a Fair Insurance Settlement

Marissa Maggio - Associate Attorney in Texas

One of the most daunting aspects of any personal injury claim is your first discussion with an insurance claims adjuster. The claims adjuster is the person in charge of analyzing your insurance claim and deciding how much to offer in a settlement. The adjuster is not on your team and will typically offer much less than your case could be worth. The best way to have an advantage over the adjuster, and to secure a fair and just settlement, is through an attorney. An attorney protects your best interests. He or she will take over settlement negotiations and often spare you the time and money it would take to go to trial. In the majority of claims, a lawyer can achieve an out-of-court settlement that gives you the money your injuries demand. A lawyer can deal with the other party, its insurance company, and its lawyers, so you can focus on yourself instead of complex legal processes. The settlement process is much simpler and more rewarding with professional representation.

Bring Elements of Proof

There is much more to a lawsuit than just proving you were hurt. Most personal injury cases require the plaintiff to show four main elements: duty of care, breach of duty of care, causation, and damages. It can be difficult to show these four elements depending on the circumstances of the case. You will need to provide evidence such as medical records, official documents, police reports, expert testimony, eyewitness statements, and more for a successful claim. There are rules you must obey during the evidence gathering and discovery phases – all of which a lawyer can help you navigate.

Preserve Important Evidence

Speaking of evidence, another reason to hire a lawyer is the preservation of vital information relating to your case. Certain pieces of critical evidence, such as the data from a large truck’s black box after a crash or another driver’s cell phone records, can get destroyed, erased, or tampered with after an accident. Fast action to preserve this evidence can be imperative to the claim. A lawyer can submit an evidence preservation letter or file a temporary restraining order to prevent the destruction of evidence – safeguarding information that could make your case.

File Within the Deadlines

The world of civil law abides by many important deadlines. Missing a deadline, or a statute of limitations can mean losing the right to ever pursue compensation for your accident. Deadlines change according to the type of claim you’re filing, as well as on a state-by-state basis. In Texas, you have two years from the date of injury to file your lawsuit. The timeline for claims against the government is much shorter, often only giving you 60 to 90 days to file an initial notice. A lawyer knows all of the deadlines specific to your case and can make sure the right documents are in front of the right people at the right time.

Posted by Aaron Herbert at 9:24 am

Understanding Fault in High Risk Activity Accidents

Saturday, February 19, 2022

What happens if you get injured while rafting, paragliding, BASE jumping, or another extreme sport? Many of these activities require liability waivers, but a waiver does not necessarily preclude an injured individual from taking legal action against the organizer. In 2012, a man in Fort Worth drowned during a mud run. In 2013, a Pennsylvania hospital’s emergency services took in 38 patients during a Tough Mudder (extreme obstacle course) event. Of course, there are many of these kinds of incidents, and they can quickly become tragic. Extreme sports and obstacle courses are exhilarating, in part, because of the risk-factor. Liability waivers are designed to protect organizations from lawsuits arising from certain injuries or death. However, many waivers are not enforceable, even when a participant signs the document.

What Affects the Protectiveness of a Waiver?

Every state has different laws regarding contracts including waivers. Some states may not accept the terms or the structure of a waiver under state law. Assuming state laws do support the enforceability of a waiver, the waiver may still not protect the organization from a lawsuit. A waiver only protects an organization within the limited scope outlined in the document. In other words, an organization may be liable for an injury that goes above and beyond the terms of the waiver. For instance, if you were injured because an organization knowingly changed the hazardous nature of an activity or failed to take reasonable safety precautions (extreme negligence), you may still be able to hold the organization accountable. A good rule of thumb is to look at the nature of the activity and see if the factor that caused harm could have been reasonably eliminated without changing the nature of the activity. If it could have been removed or altered, then the waiver may not protect the organization from a lawsuit.

The Complexity of Waiver Enforceability in Texas

Enforceability of waivers is a complicated matter in Texas. There are no written laws that explicitly define what a liability waiver must contain to remain enforceable. Instead, courts rely on a patchwork arrangement of court opinions and interpretations to determine enforceability on a case-by-case basis. If you have an attorney who understands the framework for enforceability in Texas, he or she can review the waiver and develop a case that either contests enforceability or goes beyond the scope of the waiver. For instance, if a parent signs a waiver for a child to go whitewater rafting, the parent may give up the ability to file a claim, but a child may recover some damages.

Always Talk to an Attorney After an Extreme Activity Injury

After a high risk activity accident, secure a copy of your signed liability waiver. Keep any recordings that capture the time of the incident, and tell your medical provider about your injury. If you were using equipment that malfunctioned, take pictures of the equipment. Some individuals assume a waiver will keep them from recovering damages after an injury. As a result, they never pursue a legal consultation to determine if they have grounds for a lawsuit. At the Law Offices of Aaron A. Herbert PC, our initial consultations are always free, and we can help you determine if a lawsuit is the right course of action. Knowing your rights can help you take action after an accident. You probably don’t need to have your attorney review every waiver before you, but don’t be afraid to reach out to an attorney if you have any questions. You may have options to secure financial compensation that will cover the cost of your injury and rehabilitation. For more information, contact the Law Offices of Aaron A. Herbert PC in San Antonio.

Posted by Aaron Herbert at 11:42 pm

What Is the Texas Dram Shop Law?

Sunday, September 12, 2021

When one person injures another, the injured party may seek compensation for his or her injuries and associated expenses by filing a personal injury lawsuit against the person who injured him or her. In some situations, a third-party may share some of the blame. This third-party may not have directly contributed to the injury-causing incident, but his or her involvement enabled the defendant (the person being sued) to commit the action. One of the most prevalent examples of this situation would be a bar or other establishment that serves alcohol to an obviously intoxicated patron. In Texas, the laws meant to prevent such incidents are known as dram shop laws.

How Do Dram Shop Claims Work?

Any establishment or “social host” that provides alcohol to guests may be held responsible for any injuries that those guests cause to others after they leave the premises. Additionally, liquor stores and other alcohol vendors can be held responsible for damages in some cases, including any instance of alcohol being sold or given to anyone under the age of 18 or any instance of providing alcohol to an obviously intoxicated person. A “social host” describes any individual who knowingly supplies alcohol to individuals under the age of 18. This does not apply to parents – a parent cannot be held accountable as a social host if his or her child injures another person due to intoxication. Under Texas laws, social hosts include any adult who is not a parent, legal guardian, or spouse of the minor under 18. Social host laws also apply to individuals who knowingly serve alcohol to minors under 18 or permit alcohol consumption by minors under 18 on his or her property.

Damages

As with any other personal injury case, a personal injury lawsuit involving dram shop laws can provide the injured party with various forms of compensation, including:

Medical expenses. Compensation for medical costs can include emergency response services and care, hospital bills, the costs of any necessary subsequent treatments (such as physical therapy or reconstructive surgeries), prescription costs, and any other medical expenses resulting from the incident.

Pain and suffering. The plaintiff’s attorney will consult with medical professionals who will act as expert witnesses. Expert witnesses have no personal involvement in a case, but instead, provide their expertise to the court to help a jury determine how an injury affected the plaintiff. Although it sounds difficult to quantify physical pain and emotional trauma with a dollar figure, expert witness testimony allows a court to determine a reasonable amount of compensation.

Lost income. If an injury prevents the plaintiff from returning to work for an extended period, he or she can claim lost wages as compensation. If an incident results in a permanent disability that prevents the plaintiff from resuming his or her job permanently, he or she can sue for the income that he or she would have reasonably expected to earn in the future.

Property damage. This includes damage to a vehicle or destroyed personal belongings.

Cases involving dram shop laws often involve extensive investigation, such as interviewing patrons and staff of the establishment who saw the intoxicated individual, security footage from the establishment, and consultations with expert witnesses. An attorney is crucial for successfully navigating any personal injury case and any case involving Texas dram shop laws – which will likely be complex. The individual directly responsible for the incident and the establishment that served alcohol to the individual can both be held accountable for the incident. For example, if you were struck by a drunk driver and injured, you can sue the driver for compensation for the damages listed above. Additionally, if that driver just left a bar that continued to serve him or her alcohol after he or she was visibly drunk, the bar can also be held accountable for contributing to the incident. If you’ve been involved in a drunk driving accident in fort worth or any other city in Texas, contact us for a free case evaluation.

Posted by Aaron Herbert at 5:27 pm

What is Mobbing?

Thursday, June 24, 2021

As residents of a populous metropolitan area, San Antonio citizens face a variety of threats and dangers in day-to-day life. Among those threats is mobbing, a form of group bullying focused on harassing or treating a victim badly with the intent to demean and inflict psychological harm. Mobbing comes in several forms and can happen in school, at work, and online.

Elements of Mobbing

To classify as mobbing, two or more people acting as “bullies” must be involved. This group works together to collectively inflict a relentless assault of psychological and/or physical terror on a helpless target through a tirade of threats, insults, and offensive remarks. Victims of mobbing are typically people who differ from the norm in a social setting, either based on their religious beliefs, race, disability, or other traits. Thus, people engaged in mobbing are often practicing discrimination. Mobbing can involve:

Intimidation
Threats of harm or embarrassment
Blackmailing
Intense peer pressure
Offensive conduct
Harassment

By-standers and victims alike have reported recent incidents of mobbing on the internet, on social media, and in chat rooms. Cyberspace mobbing is especially dangerous to vulnerable children and teenagers and can lead to depression, self-harm, eating disorders, and even suicide. Another example is mobbing in the workplace. When a group of employees wants a person to leave the company or job, either through voluntary or forced termination, it can trigger people to engage in mobbing. The workplace bullies inflict public ridicule and humiliation upon the fellow employee, creating an uncomfortable and sometimes volatile work environment for the victim. In some cases, a manager can support or participate in the mobbing, which creates a further strained working relationship for the target. Targets of workplace bullies can suffer long-term emotional scarring. Financial damage is also a risk if victims are forced to take off work or quit a job to avoid the bullying attacks. Workplace mobbing has far-reaching effects that can result in damage to the victim’s career and professional reputation through loss of business opportunities and promotions.

Dangers of Mobbing

Mobbing has the same negative consequences as ordinary bullying but can be exponentially worse, depending on the number of bullies involved in the mob. Mobbing can have various effects on the victim, but psychological and emotional damage is most common. A victim can suffer extreme fear about going to school or work, which can trigger feelings of illness or nausea. Victims may also experience nightmares and a fear of social settings. Mobbing can make a victim feel less-than, injuring self-confidence and leading to feelings of self-loathing or shame. The severe emotional trauma mobbing can inflict on a victim can last for years after the incident and often requires therapy or professional counseling to help overcome the damage. A victim can also suffer physical damages if the mob becomes physically violent.

Can I File a Claim for Mobbing?

Mobbing often involves damaging and harmful conduct, inflicting long-lasting pain on the victims. In many cases, an employer or school official can dispel a mob if a victim reports what’s happening. In some cases, however, this is not enough to remedy the victim’s damages, especially in cases of actual injury or loss. Filing a claim against the perpetrators of mobbing can help a victim obtain financial compensation for medical bills, lost wages, mental anguish, and pain and suffering. If you were or are the victim of mobbing, an attorney can help you file a legal claim against the group of bullies. You have rights in a mobbing situation, especially if the incident stems from discrimination. If you need to attend a meeting with an official to discuss the mobbing incident, an attorney can stand by your side and give you advice.

Posted by at 10:06 pm

San Antonio E-Scooter Laws

Wednesday, May 19, 2021

Electric scooters, or e-scooters, have taken over the streets of Texas. They are rentable to the public for a low amount of money from companies such as Bird and Lime. San Antonio has hundreds of dockless e-scooters available for rent every day. Unfortunately, these vehicles are not as safe as many people assume. A lack of awareness of e-scooter laws in Texas contributes to many harmful e-scooter accidents.

Definition of an E-Scooter

According to Texas Transportation Code Section 551.351, a motor-assisted scooter is a self-propelled device with at least two wheels, a gas or electric motor capable of making the device travel up to 15 miles per hour, and a braking system capable of stopping the device. It also has a deck that allows a person to sit or stand while operating the vehicle and can be propelled by human power alone. An e-scooter is not the same as an electric bicycle, moped or motorcycle in the eyes of the law in Texas. Motor-assisted scooters have their own rules and regulations.

Age Limits for Riding

In Texas, a rider must be 16 years or older to ride an e-scooter. Most e-scooter companies require riders to have valid driver’s licenses and upload photographs of these licenses before they can rent the device. However, many users get around this requirement by having someone older, such as a parent or guardian, rent the e-scooter for them. This is a dangerous practice that can increase the risk of accidents.

Helmet Requirements

Helmets are strongly encouraged while riding e-scooters in San Antonio, but they are not a legal requirement. This is similar to Texas’ bicycle helmet stance, which is that all riders, regardless of age, may operate bicycles without wearing helmets. The only exception is if a city or municipality has a law requiring bike helmets. San Antonio does not have such a law for operating dockless e-scooters. The city strongly encourages helmets, however, as they can drastically reduce the risk of serious and fatal head injuries.

Riding Rules in San Antonio

The e-scooter laws that are broken the most often, and that lead to the most traffic accidents, are riding rules. Riding rules give e-scooter operators guidelines they must follow for safe and prudent vehicle operation. They dictate what a rider can and cannot do while interacting with other roadway users, such as motorists and pedestrians. Some of the most important state and citywide e-scooter laws in San Antonio are:

Riders must obey all state and city roadway rules.
E-scooters must ride in the street or bicycle lanes.
Riding a scooter in the street is only legal on streets with speed limits of 35 mph or less.
No e-scooters on sidewalks.
No e-scooters in Alamo Plaza, the Riverwalk, La Villita, Main Plaza, Market Square, or city parks and trails in San Antonio.
Only one person per e-scooter.
Riders must grant pedestrians the right-of-way.
Riders cannot use cell phones while operating e-scooters.
Riders should not park e-scooters in the middle of sidewalks, in bicycle lanes, in the street or in the way of pedestrians.

Following these rules can reduce the risk of e-scooter accidents. Riders should also use tactics such as wearing brightly colored clothing for maximum visibility, riding in the same direction as traffic, maintaining a safe speed for conditions, using hand signals to turn and never riding on highways. Paying attention to the road and riding prudently can also decrease the odds of an accident.

Injured in an E-Scooter Accident? Get Help

If you get injured in an e-scooter accident, you may be eligible for financial compensation from the other party’s insurance provider. One or more parties may be financially responsible for your medical bills and other losses. Protect your legal rights by contacting an auto accident attorney as soon as possible. An attorney can help you understand and exercise your rights during insurance claim negotiations or an injury trial. An attorney can also use proven legal strategies to fight for maximum financial recovery on your behalf.

Posted by at 1:09 pm

10 Mistakes That Can Affect Your Personal Injury Claim

Friday, April 23, 2021

If you suffer a serious injury in San Antonio, you may be overwhelmed by medical bills, physical pain and emotional suffering. It is important, however, to learn as much as you can about the legal process if you wish to obtain fair financial compensation. Otherwise, you could make a common mistake that negatively impacts your claim.

Admitting Fault

It may be in your nature to immediately apologize for an accident while at the scene, such as apologizing to the other driver after a car accident. Saying you are sorry, however, can be construed as an admittance of guilt. Be polite, but do not apologize and do not admit fault for an accident. Doing so could automatically place liability – financial responsibility – with you, even before an investigation is finished.

Not Reporting Your Accident

Do not keep your accident or injuries to yourself. It is important to report the accident to an authority figure immediately so that it is documented on the official record. The authority you should contact will depend on the nature of the accident. After a car crash in San Antonio, for example, you should call the police. After a slip and fall accident, tell a store manager.

Forgetting to Collect Evidence

Although you may have a lot on your mind after suffering an injury, do your best to collect evidence before you leave the scene. Some evidence may not be available if you wait. If you were injured by a property defect, for example, the property owner may repair the hazard before you can return to take photographs. Collect evidence as soon as possible, even if this means asking for help from a friend, family member or personal injury attorney.

Delaying Medical Care

Always go to a doctor or hospital right away after any type of injury. Delaying medical care can allow an insurance company to argue that your injuries were not serious or did not happen the way you say they did. Delaying medical care or ignoring your doctor’s treatment recommendations could also have negative consequences on your health.

Posting on Social Media

Avoid posting anything on social media following an accident. An insurance company can use your social media activity as evidence against you, regardless of your privacy settings. Any photographs, location check-ins, status updates or comments made on other people’s pages could be twisted around and used against you later.

Waiting Too Long to Tell an Insurance Company

Most insurance companies have rules that require injured parties to file claims as soon as possible – typically within 72 hours of the accident. Do not wait too long to file an initial claim, as this could potentially bar you from financial recovery from the insurer.

Believing the Insurance Company Is on Your Side

When communicating with an agent or claims adjuster from an insurance company, do not make the mistake of thinking he or she is on your side. The insurance company will want to save as much money as possible by devaluing your claim. Do not agree to give the insurance company a recorded statement and do not sign anything until speaking to an attorney.

Settling Too Soon

It is normal to want to resolve your case as quickly as possible. Settling too early, however, could mean accepting less than you deserve for your serious injuries. Wait until you reach the point of maximum medical improvement to accept a settlement. Discuss the value of your claim with an attorney before settling, as well.

Missing Your Statute of Limitations

In Texas, a law called a statute of limitations places a deadline on your ability to file a personal injury lawsuit. If you miss this deadline, the courts will typically refuse to hear your case, meaning you cannot recover money damages. The statute of limitations in Texas is two years for most cases.

Failing to Seek Help From a Personal Injury Attorney

Do not attempt to handle a personal injury claim alone – especially if you suffered catastrophic or permanent injuries. Work with a personal injury attorney in San Antonio for professional legal assistance with your case. A lawyer can help you with all the stages of a lawsuit for the best possible outcome.

Posted by at 11:41 am

What Is a Personal Injury Liability Waiver?

Wednesday, April 21, 2021

If you get injured due to someone else’s carelessness or recklessness, that party may be financially responsible for your injuries and related medical bills. If you signed a personal injury liability waiver, however, you may have given up your right to hold someone legally accountable. Learn more about liability waivers – including when they are unenforceable – to find out if you have a claim.

How Do Liability Waivers Work?

A personal injury liability waiver is something you may have to sign before participating in an event or activity that poses foreseeable injury risks. These waivers are designed to protect the creator from liability (legal responsibility) if a participant gets injured – even if the entity was negligent and this is what caused the injuries. Common activities in Texas that require participants to sign personal injury liability waivers include:

Amusement parks
Bungee jumping
Concerts
Cruises
Daycare centers
Equipment rentals
Gyms
Skiing and snowboarding
Skydiving
Spas
Sporting events
Tours
Trampoline parks
Vehicle rentals

In some scenarios, you may be given a written liability waiver that you must fill out and sign before you can participate in an activity. Otherwise, accepting the terms of a liability waiver may be implied when you purchase a ticket. When you buy a cruise ticket, for example, the liability terms you are automatically agreeing to are in fine print on the back. Either way, once you agree to a liability waiver, you may forfeit your right to hold the entity legally responsible for your injuries.

Can You Still File a Lawsuit With a Personal Injury Liability Waiver?

Liability waivers are not infallible. In certain circumstances, it is possible to work around a liability waiver and hold a party accountable for negligence. However, the fact that you signed a personal injury liability waiver will make a lawsuit more difficult. In Texas, a defendant’s attorney may use the assumption of risk defense against you to combat liability for your injuries. This defense states that since you assumed the known risks of an activity, the defendant is not liable for any injuries suffered. You or your personal injury lawyer will have to prove that you are still eligible to file a lawsuit after signing a waiver based on an argument such as:

An invalid or unenforceable waiver. An attorney will analyze the liability waiver you signed to search for issues that could make it unenforceable. A liability waiver must contain clear and unambiguous language, for example, and cannot go against public policy.
Failure to warn of known risks. If a liability waiver (or the defendant) fails to clearly list the foreseeable injury risks associated with an activity or event, you may have grounds to file a personal injury lawsuit.
Gross negligence. Although a liability waiver can protect a defendant from lawsuits brought on the basis of negligence, no waiver can prevent liability for gross negligence, recklessness, intent to harm or a wanton disregard for the safety of others.

Other exceptions that could make a liability waiver invalid are if your injuries are from a defective product or due to a misrepresentation of fact. A manufacturing company cannot use a waiver to avoid liability for a defective product that injures a customer. In addition, a defendant misrepresenting the activity could constitute fraud, which will invalidate a liability waiver.

What to Do If You Were Injured After Signing a Liability Waiver

If you or a loved one was injured in an accident after signing a personal injury liability waiver in San Antonio, consult with an attorney for assistance. Hiring an attorney can be crucial for protecting your rights, documenting your injury, and bringing a case against one or more defendants. Your lawyer can help you navigate the unique challenges that may arise during a personal injury case involving a liability waiver or the assumption of risk defense. For more information about personal injury liability waivers in Texas, consult with a lawyer from The Law Firm of Aaron A. Herbert, P.C.

Posted by at 11:39 am