You may be wondering if you can sue someone for a dog biting you. The answer is yes however this is not a straightforward answer because in Texas they have the one bite rule in relation to dogs. The one bite rule is that the owner is not liable for the very first bite. A dog owner cannot be liable for an attack because of the dog’s lack of a history of prior attacks, according to Texas law, and so the one bite rule came into practice.
Dog bites are specifically on the rise across the nation, but more specifically in Texas. According to the CDC, approximately 5 million dog bites every year and of those injuries, at least 800,000 of people bitten need medical care. Over 300,000 go to the emergency room every year as estimated by the Center for Disease Control over a dog bite.
The dog bite issue is a lot bigger in Texas than people realize. Between 2005 and present-day there were 34 fatalities recorded as a result of dog attacks. The fact that 34 people died as a result of dog attacks is huge, and it actually outstripped other states. Another reason that it is disturbing is that most of the targets for dog attacks are children; 52% of all dog attacks involving children are three-year-olds and 68% are under the age of 12.
There are two ways to file a dog by claimant taxes. Strict liability and negligence are those two ways. A dog bite lawyer in Houston, TX is going to be able to answer any and all questions you have about strict liability versus negligence and why one or the other is going to be correct for your case. We got to a dog bite lawyer in Houston, TX, such as the ones available at Zaid Law Offices today.
To proceed on a negligence claim, the victim or plaintiff has to prove that the dog’s owner or the person that was caring for the dog was indeed negligent. You must also be able to prove that the owner’s negligence caused the plaintiff’s injuries. The owner being negligent may involve an improperly restrained dog, an untrained or poorly trained dog, or that the owner made very little effort to intervene during an attack.
Strict liability refers to the defendant and dog owner as being responsible for injuries caused by his or her job provided that the plaintiff and victim can prove the defendant owner was the animals owner and possessor and that the dog question has a history of dangerous propensities compared to other dogs. You must also be able to prove that the owner and defendant knew or had reason to know that the dog was dangerous and that the dangerous dog was the direct cause of the injuries.
When you are working with a dog bite lawyer in Houston, TX there are things to avoid when filing a claim. You want to avoid settling too early, as insurance companies want to settle early for less than you could be awarded in court or by settlement. You should ensure that you call the police and get information from bystanders at the scene, you should not speak to the insurance company without your lawyer present.
If you were injured in a Texas crash that was not your fault, you may be asking who is the best car accident lawyer in Houston, TX? To answer your question, it will heavily depend on finding a lawyer that understands your rights after a car accident and it’s going to figure out how much your claim is worth. Finding out how much your claim is worth is going to be overwhelming to you especially in the aftermath of a very serious crash, however there is no reason for you to go through this alone, especially not when car accident lawyers like the ones available at Zaid Law are here for you.
You may find yourself with the debilitating case of whiplash after a car accident or even with a severe concussion. There are many types of car accident injuries and you may have received an extended stay in the hospital as well as being transported to the ER by ambulance.
After a car accident you may have been transported to the emergency room via ambulance, you may require an extended stay in the hospital, many diagnostic tests such as an x-ray, CT scan, MRI or you may required physical therapy treatment, medication, surgery or even long-term care. This means that your bills can be extremely high, and you may be worried about having to hire a lawyer and how you can afford to hire a lawyer.
Expenses after a car accident pile up, but if you do not have liability in the cause of your crash you should not have to pay for someone neglect. Unfortunately many hard edges and this is because insurance companies are notorious for making lowball settlement offers are blaming the entire accident on the victim.
If you are involved in a car accident, you can assess the situation, and do the following:
- Meeting on scene and call 911. If anyone has been injured and requires emergency medical attention, ask the dispatcher for an ambulance. If nobody is emerging, left the accident and weekly investigating officer to arrive. If you are involved in a hit-and-run top cruise with uninsured drivers do not attempt to follow or chase after the other driver. Call the police and of the vehicle, driver and what direction they were heading.
- You should exchange information with everyone involved. You want to ensure that you get their name, address, phone number, license plate number and insurance information. You not want to talk about the car accident or hear about who is a fault. Your lawyer later will inform you of who is at fault.
- Photos are worth more than words. Providing photos of the crash scene and all cars involved makes it easier for lawyers to see what they are working with later down the line. You should always take photos of your own injuries as well.
Damages You Can Claim After a Car Accident
If you have been in a car accident, you will be wondering who is the best car accident lawyer in Houston, TX. Dealing with the legal aspects of a car accident is not something you will want to do on your own. The knowledgeable legal team at John K. Zaid & Associates can help you during this time. Keep reading to learn about some of the damages you may be able to claim following your car wreck.
If you were injured in the accident, you may be able to claim medical expenses. It is very important that you keep accurate, detailed records of any medical treatment you receive. These documents will be helpful in proving the medical expenses you claim. You may also be able to claim future medical expenses if your injuries result in a long-term disability. When researching who is the best car accident lawyer in Houston, TX, you will want to find an attorney who has success with car accident settlements.
A car accident can be a traumatic experience. This is especially true if you sustained injuries from your accident. During your recovery, you may not be able to work. This will result in lost income. This lost income can often be claimed as damages in a car accident lawsuit. You will want to discuss the details of the lost time at work with a knowledgeable car accident lawyer in Houston, TX.
Pain and Suffering
If you decide to pursue a lawsuit following the wreck, the pain and suffering you endured could be claimed as damages as well. It is imperative that you speak with a reputable car accident lawyer in Houston, TX to better understand how this will be determined.
If your vehicle was damaged at the fault of another driver, you may be able to claim some expenses not covered by the insurance. Keep in mind that most insurance companies will attempt to get away with paying as little as possible on a claim. A lawyer can help you understand if the settlement being offered by the insurance company is fair or not.
It is important that you do not agree to any type of settlement with an insurance company without legal advice. The only way to ensure that you are getting a fair settlement is to contact a car accident lawyer in Houston, TX.
4 Reasons to Hire a Car Accident Lawyer
Car accidents can be incredibly stressful, and the last thing you want is to have to navigate the ins and outs of insurance claims and the legal process by yourself. Fortunately, car accident lawyers are available to help you handle each of the things you might struggle to do on your own.
If you were in an accident recently, you might have found yourself wondering, who is the best car accident lawyer in Houston, TX? If that’s the case, here are a few reasons to give one a call.
Car accidents very often come down to a case of he-said-she-said. When that happens, it’s essential to have sufficient evidence to prove your case. Great car accident lawyers, such as those at Zaid Law, will be able to help you determine which pieces of evidence will best support your claim and the best way to present them in court.
File Your Court Case
Suppose your case can’t be settled outside the courtroom. In that case, a car accident lawyer will help you file all the necessary paperwork and ensure your case is heard fairly in court. Also, if you’re seeking a large sum, you should remember that it can be easy for insurance companies to avoid paying a victim if you don’t have proper representation.
Break It All Down
Car accidents can be scary and confusing. The paperwork and steps you need to take in order to properly navigate your case can often seem overwhelming. If you involve one of Zaid Law’s lawyers, he or she will be able to break down the confusion into simpler terms so you understand what damages you’re seeking, why you’re seeking them, and how.
Insurance companies can often push back quite a bit if you’re seeking a large claim or damages. In that case, a car accident lawyer can go a long way in making life easier for you. In addition, any additional paperwork, evidence, or other information an insurance company might want will be easier to gather up with a lawyer helping you.
So, who is the best car accident lawyer in Houston, TX? The lawyers at Zaid Law are available to help you answer that question. Just remember that there will be a lot to track between medical expenses, repairs, and other costs. Whichever lawyer you choose will be able to balance it all and make it simpler for you to rest and recover, which is the most important thing.
The legal team at John K. Zaid & Associates is here to help.
When you are choosing a lawyer, you want to ensure that you pick a lawyer who is best for your needs. Whether that means you need a lawyer who is on a budget, you need a lawyer the can deal with complex cases.
There are a variety of damages that may be awarded in a personal injury lawsuit, and while most are meant to compensate the plaintiff for damages they have suffered as a result of their injury there can be extra damages that are awarded when the defendant’s behavior is determined to be especially negligent. Oftentimes these awards are called punitive or exemplary damages.
But what are punitive or exemplary damages? These are damages that are going to exceed simple compensation for the client and are awarded to punish the defendant. Whether punitive damages apply to your personal injury claim will depend on several factors and you can talk to your personal injury lawyer in Houston, TX such as the ones available at Zaid Law Offices to find out if punitive damages will be awarded in your claim.
The main difference between punitive damages and compensatory damages is that compensatory damages which are also cut actual damages are the center of every personal injury claim and likely do not change between claims. Essentially actual damages are awarded to plaintiffs to compensate for damages, injuries and other losses that you have received as a result of negligence of another party during an accident or something else that is led to injuries.
Compensatory damages can include nearly anything, and personal injury cases these are often seen as medical bills, lost wages, reduced earning capacity, pain-and-suffering, and mental distress. The general idea is to collect any damages necessary to make the plaintiff whole even if these damages do not necessarily have a predetermined dollar amount tied to them.
On the other hand, punitive damages are not meant to give the plaintiff back something that was lost, instead they are to punish the defendant for their conduct as well as the terse American duck from other people. This is an example to society that the behavior of the defendant will not be tolerated and is used to create an example of someone.
Punitive damages are awarded when the defendant causes an accident , especially in a reckless or negligent way, however there are going to be legal criteria that must be met before the plaintiff can receive these damages. The plaintiff has to first demonstrate that the actual damages occurred, has been above they would do this through medical bills, pain-and-suffering or lost wages. If there are no actual damages awarded then punitive damages cannot occur. The plaintiff must also demonstrate that the defendant acted with gross negligence such as hating or conducting themselves in a way that a reasonable person in the same situation will not of known or involved in same degree of risk, and that the defendant knew the rest acted with disregard to their own safety as well as others.
An example of punitive damages in a very common case is drunk driving accidents. When a drunk driving accident occurs the plaintiff can argue that a regional person is going to understand the extreme degree of risk driving drunk involves and that the drunk driver got behind the will despite being aware of those risks.
Personal Accident Attorney
It’s understandable if you have a lot of questions after being injured in an accident. When you contact a personal injury attorney, you can typically find the answers to those questions. The following are a few to get you started.
1. Are There Other Charges in Addition to Contingency Fees?
Most personal injury attorneys work on a contingency fee basis, but there are often other charges that you would need to pay regardless of the outcome. These are known as out-of-pocket costs, and you would be required to pay them either as they arise or when the case is settled, as an attorney such as a personal injury attorney from a law firm like Yearin Law Office, can explain. If you receive no money in the settlement, you would have to find another way to pay for these expenses.
2. Do All Personal Injury Cases Go to Trial?
Not every personal injury case has to go to trial. Some are easier than others, and some defendants are easier to work with than others. Your attorney will probably prepare as if you were going to trial, simply to be ready in the event, but that doesn’t mean you will for sure go to trial.
3. How Involved Is the Plaintiff?
In some personal injury cases, the attorney allows the plaintiff to be very involved. You might be allowed and even encouraged to attend depositions and other similar meetings. Other attorneys don’t want their clients to attend these meetings. They would rather you just received the medical care you need while they work on the particulars of the case. Understanding your role will help you prepare.
4. Who Pays the Filing Fee?
You are responsible for paying the filing fee if you are bringing a case against another party. If you are the party being sued, the other party -the plaintiff- would be the individual who pays the filing fee. Sometimes an attorney handles the filing itself, and other times the attorney allows the plaintiff to do it.
5. How Long Do Cases Last?
If your personal injury case includes a series of complicated events, your case could go on for two or three years or more. If your case is mostly straightforward, you could settle in a year or less. After your attorney has a chance to look over the details of your case, he or she can estimate how long it will take, but you always need to realize that complications could arise that would extend the case.
Getting Your Personal Injury Case Started
Your medical bills could end up costing quite a bit, so it’s best to get your personal injury case started as soon as possible. Contact a personal injury attorney today.
Car Accident Lawyer
After a serious injury that was not your fault, you have to deal with the pain and the financial burden. Proving what caused the injuries and how they happened is an added burden. However, as a car accident lawyer from a a firm like Greenspan & Greenspan P.C. can explain, you will need physical evidence to present in court and when dealing with insurance companies. Photographic evidence is the best tool you can use in a personal injury claim.
How to Gather Evidence
The first thing to do after a serious injury accident is to get medical care, even if you don’t feel like you were seriously hurt. In some accidents, adrenaline is high and you might not feel as much pain as you would normally. Other injuries might not show symptoms right away.
If you are able to, you should also take photos of the accident site as soon as possible. Accident scenes change as things get repaired or moved. Water dries and ice melts. The sooner you (or someone else) can take photos, the better.
It’s best to get photos from various angles. For example, in a slip-and-fall accident, showing the stairs or floor from different angles can better show just how hazardous the situation was. If possible, try to take videos as well. Even standard smartphone images and video clips are better than nothing.
Take photos of your injuries. You can’t expect to get photos at the hospital or clinic. Make sure to get as many images as possible of your bruising, burns, or puncture wounds. These photographs will bolster the medical reports by providing more evidence that your injuries caused significant pain and suffering.
Lastly, medical records are essential if you’re planning on making a case for compensation. Medical reports from a hospital or clinic will firmly establish the nature and severity of the injuries you suffered, whether it was a car accident or a bad fall at a business.
Reasons to Hire a Lawyer
A personal injury attorney can help prove your injuries were caused by the accident by taking a few steps. A law firm will:
- Obtain a copy of the police report
- Interview medical personnel who were on the scene
- Interview witnesses
- Photograph the accident scene
- Obtain and review electronic records and security camera footage
A law firm will also take over all communication with the other party (or parties) and their insurance company. Insurance companies always have legal counsel looking after their interests, which makes it a challenge to pursue compensation for pain, suffering, and medical bills.
Contact a Personal Injury Attorney Today
If you suffered serious injuries in an accident that wasn’t your fault, a personal injury lawyer can help you to protect your rights and pursue compensation.
An expert witness is defined as a specialist in a subject, often technical, who may present their expert opinion without having been a witness to any occurrence related to a lawsuit or criminal case.
If you have filed a lawsuit for a personal injury matter, your attorney will likely retain experts to substantiate your claims about the incident that caused your injuries or your current and future medical treatments and costs. Expert witnesses are instrumental to personal injury cases because their unbiased opinions and findings bring credibility to the plaintiff’s claims and strengthen cases overall.
In this blog, we will take a look at expert requirements in the state of Nevada pursuant to NRCP 16.1.
Expert Requirements in the State of Nevada Pursuant to NRCP 16.1 and Expert Depositions
Parties must disclose the identity of any expert witness they intend to present at the time of trial. NRCP 16.1(a)(2)(A). Such disclosure must be accompanied by an expert report that is prepared and signed by the witness. NRCP 16.1(a)(2)(B). The expert report must contain:
- A complete statement of the expert’s opinions and the basis/reason for those opinions;
- The facts or data considered by the expert witness when developing his or her opinion;
- The exhibits the expert will use to summarize or support the opinions;
- A listing of the witness’s qualifications, including all publications authored in the ten years prior to the disclosure;
- A list of all cases in the 4 years prior to the disclosure in which the expert testified as an expert in a trial or deposition; and
- The billing statements for the expert’s work on the file.
As for depositions, a party may depose the opposing party’s expert witness who has been disclosed as one who may be presented at trial only after the expert report is provided. NRCP 26(b)(4)(A). A party may not depose or serve interrogatories on an opposing party’s expert if that expert was only employed in anticipation of litigation or who is not expected to be called to testify at trial. NRCP 26(b)(4)(D). If a party wishes to depose the other party’s expert, the deposing party must pay the expert’s “reasonable and customary hourly or daily fee for the actual time consumed in the examination of that expert.” NRCP 30(h)(1)(A).
Draft expert reports and communications between counsel and experts are protected from disclosure, with the exception of communications related to: compensation for the expert’s work; the facts or data counsel provides the expert; or assumptions counsel provided the expert which the expert then relied upon to form his or her opinions. NRCP 26(b)(4)(B)(C).
The determination of whether an expert will be permitted to offer testimony at trial falls squarely within the district court’s discretion. It is a case-by-case analysis and will depend on the issues presented in the litigation, the particular facts in the case, and the party who is presenting the expert as a witness.
Personal Injury Lawyer
Many people benefit from hiring an attorney, like a personal injury lawyer from Johnston Martineau, LLP, after an accident. However, that does not mean that it is always the right thing to do. In some situations, the potential downsides of hiring an attorney outweigh the potential benefits.
How You May Benefit From Hiring a Personal Injury Attorney
It is difficult to try to plan a court case while you are still recovering from a serious injury. Hiring a personal injury attorney allows you to concentrate on your rehabilitation and leave your lawsuit in experienced, capable hands.
An attorney’s experience is important when handling a personal injury case. A well-trained, critical eye in evaluating the damage can help identify key evidence that you may miss. Experience filing legal paperwork can prevent a potentially devastating clerical error. Hiring an attorney helps to level the playing field because the other side will almost always have its own legal representation.
When a Personal Injury Attorney May Not Be Required
If you are not injured, or not injured seriously, then there are little to no damages to collect from the party responsible for the accident. If that is the case, then there is no reason for you to hire a personal injury attorney. However, before you make the decision, be sure you get an evaluation from a doctor. Sometimes the symptoms of a serious injury may be delayed, and you may not realize that you are hurt badly until after you have accepted a settlement, at which point it is too late to file a lawsuit.
Before you decide to hire a personal injury attorney, you should understand how you will be billed. Rather than charging by the hour, personal injury attorneys usually bill on a contingency basis. This means that you pay nothing if you lose your case, but if you do win, your attorney takes a portion of your award or settlement. The percentage can vary, but assume that the attorney asks for 33%, or one-third, of the damages you recover. To justify the expense of hiring the attorney, he or she will have to improve your expected results by more than 50%.
If you feel the initial settlement the insurance company offers you is fair, then you can simply accept it without hiring an attorney or filing a lawsuit. However, you should know that the initial settlement offer is almost never really fair, and you might want to think about it before agreeing to it.
Remember that the first offer is almost never the last offer, and once you accept a settlement, you forfeit your right to take any further legal action. A lawyer would be happy to assess your situation and determine what you really deserve when you contact a law office.
Auto Accident Lawyer
Personal injury cases depend on evidence to prove that a careless driver is responsible for paying compensation. Evidence can come in the form of testimony, but when a bicyclist and a driver collide, a jury might have difficulty deciding which person has a more accurate perception of how the injury occurred. Physical evidence, combined with the testimony of neutral witnesses, makes a bicyclist’s injury claim stronger.
To maximize the opportunity to obtain full compensation for a bicycle accident injury, it is important to preserve evidence. Taking some simple steps can help a bicycle accident lawyer bring a successful injury claim.
Making a Police Report After a Bicycle Accident
Every state requires drivers to report a traffic accident to the police if the accident causes an injury. Not every driver follows that rule. An injured bicyclist should either contact the police or make sure that someone else contacts the police. Ask the driver to say at the scene until the police arrive.
It is also wise to ask to see the driver’s license of the person who caused the accident. Making a note of the driver’s name and the license plate will discourage the driver from leaving before the police arrive.
The police will conduct an accident investigation. The officer will gather information to determine how the accident occurred. The accident should take the names of witnesses, but the bicyclist should ask witnesses for their names and phone numbers, just in case they leave before the officer arrives.
The officer might take measurements of the accident scene and will probably draw a sketch. If you think the officer is getting it wrong, make your side of the story known.
Take Photographs After a Bicycle Accident
A bicyclist who is carrying a smartphone should use the camera app to take pictures of the accident scene. Try to take pictures before the car or the bicycle are moved. If the collision dented or scratched the car, take photos of the damage.
Also take some pictures of the bicycle. The photographs will help you prove that the bicycle damage was caused by the collision, not by something that happened later.
If there are skid marks, glass from a broken headline, or scattered debris from the damaged bicycle, photograph them. Since that evidence could be lost with the passage of time, documenting it is the best way to assure that all the facts are known.
Keep Your Damaged Bike for Evidence After a Bicycle Accident
Car crashes often destroy bicycles. Don’t junk the bike. A mangled bicycle makes a powerful exhibit at trial.
Even if the bicycle can be repaired, don’t repair it without first getting legal advice. The bicycle damage can hold clues to how the accident happened. An engineer who examines the bike may be able to draw conclusions that will help you prove your case. For example, if there is a dispute as to which party collided with the other, the nature of the bicycle damage might help you prove that the driver crashed into the bicycle.
In addition, the insurance company that insures the driver must be given an opportunity to inspect the bike. If that inspection might shed light on who was responsible for the collision, you have a legal obligation to maintain the bike in its post-accident condition.
A legal principle known as spoliation allows judges to punish parties who fail to preserve relevant evidence. The judge might tell the jury that it can presume you failed to preserve the bike because you wanted to conceal its condition from the insurance company. A jury might then decide that your failure to preserve the bike proves that you were responsible for the accident.
Before you do anything to alter physical evidence of the accident, talk to a bicycle accident lawyer. Your lawyer can tell you whether and for how long the evidence needs to be preserved.
Personal Injury Lawyer Deer Park, TX
Every now and then, we receive a call from someone who is desperate for legal help, but cannot find any personal injury lawyer to take on their case. Often, these people are feeling hopeless and frustrated because they believe they have a valid case, but yet are only receiving responses such as “We’re sorry, but we are unable to help you at this time. Please consult another personal injury lawyer.”
If you are in a similar situation, we understand that you might be annoyed, but there may be a few reasons as to why you are having a hard time finding a lawyer.
The Reason for Generic Answers
If a lawyer has denied your claim, they most likely did not give you a reason why. In fact, you probably got a very general reply. First and foremost, many lawyers have different expectations for a case. For example, some lawyers will only handle cases that involve large corporations and others will focus on small claims cases. Even if you have been denied by a handful of lawyers, does not mean you don’t have a case. It just means you might be asking the wrong lawyer for help.
To add to this, a lawyer won’t say you have a “bad” case, especially while the statute is running. To say that could mean that you immediately lose hope. It is in the best interest of a lawyer to provide you with a generic response; something like:
“Thank you for contacting our firm. We reviewed your case and are unable to help you.”
If you have received responses like the above, it may be worth your time and effort to keep searching for a personal injury lawyer. Bare in mind, if you were reaching out to any lawyer, such as a general lawyer, it may be a good idea to try talking with a lawyer who focuses on personal injury law. Finally, if you feel like you have exhausted your efforts, the following information may explain why you are unable to find a lawyer for your personal injury claim.
Why Your Case Might Not Have Been Accepted by a Personal Injury Lawyer
- The injuries you sustained were not serious enough
- It is not clear who is responsible
- You were completely at fault
- The anticipated recovery of compensation is not much more than the cost of building your case
- There are relevant damage caps or tort reforms associated with your case
- There are location or proximity issues
- You are not filling a claim for money, but rather as a method of “revenge”
- You have exceeded the statute of limitations
- You did not provide the lawyer with enough information
Potential Problems with Your Medical Care
The lawyer you talk to might ask you about the medical care you have received following the accident. When you received it and through which method can affect the value and strength of your case.
It is your right to seek compensation for your medical care; however, you cannot ask for an amount that cannot be backed up by the doctors’ diagnosis and recommendations. In other words, it has to be reasonable. If you have received any questionable care, a lawyer or defending side may challenge this care. Furthermore, questions might be raised if your medical bills are higher than the average amount of a similar service. If a lawyer is denying your case based on medical care, it may be because:
- You underwent experimental procedures for treatment
- You sought care for unrelated medical issues
- There are significant gaps between your treatment
- You waiting an excessive period of time to get treatment
- You have not followed your doctor’s orders
- You’re being treated by a doctor who has been investigated for fraud
- You have not seen a medical doctor yet, and there is a large gap in time between now and the accident
All lawyers have different expectations. As a general rule of thumb, you should consult 3-8 lawyers before you choose one, or give up. If you would like to talk with a personal injury lawyer Deer Park, TX relies on, call today.
Contact John K. Zaid & Associates for their insight into personal injury claims and why you might be struggling to find a lawyer.