Personal Injury FAQs
This experienced legal team shares their thoughts and perspectives on the most commonly asked questions about Texas personal injury cases. Here, find out what their knowledge of the law and years of injury experience have helped them learn about the different types of injury cases and how to protect victims just like you.
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What Is The Statute Of Limitations For A Dog Bite Claim In Texas?
Like all personal injury cases in the state of Texas, there is a two-year statute of limitations from the date of the actual act in which to file a lawsuit. However, you should never wait that long to begin the process of the claim. There are going to be witnesses and other evidence that needs to be gathered early on in order to have a stronger claim. As time goes by, memories fade, people move and different things happened that can make pursuing the claim more difficult. Therefore, the need to seek legal counsel and advice early is highly recommended.
What Type Of Insurance Pays Out On A Dog Bite Claim?
Typically, a homeowner’s insurance policy for the dog owner pays the damages in a dog bite claim. There are certain policies that specifically exclude animal attacks but those are rare and usually only in situations where the insurance company knows that the homeowner is housing a dangerous dog.
If the homeowner does not have adequate insurance or any insurance at all, the next things to look at for compensation are assets. That can be a very problematic issue in and of itself. However, in majority of cases the homeowner’s insurance is going to be responsible for paying out on a claim in a dog bite case.
What Information Or Evidence Is Used In A Dog Bite Claim?
The single most important information that can be obtained in a dog bite case is evidence or information concerning the dog’s dangerous propensities in the past. In Texas, there is a “first bite is free” rule. In order to prove a case, you need to demonstrate that the dog owner knew or should have known of dangerous propensities or aggressiveness on part of the dog. In that regard, neighbors, other people who frequently walk the block, maybe family members, others who have seen the dogs loose in the neighborhood or have experienced aggressiveness of the dogs are extremely important. It’s critical to preserve that evidence to pursue the case.
Other forms of evidence including as pictures, medical bills, communication with the neighbors and those types of things are also very important. However, first and foremost in any lawsuit, the most important thing is the evidence that establishes the dangerous propensities of the dog and the owner’s knowledge of those propensities.
How Difficult Is It To Prove The Damages In A Dog Bite Claim?
The difficulty involved in proving damages in a dog bite claim all depend entirely on the case itself. The more time that elapses from the time of the dog bite to retaining counsel, the more difficult it is going to be to prove the case. With the lapse of time memories fade, people move and the willingness to be involved dissipates. Attorney Brad Parker has seen cases where immediately after the dog bite, the witnesses were more than willing to come forward, give statements and provide testimony. Over time, however, the witnesses became less inclined to help out in that regard. It’s extremely important to try and gather this evidence and seek counsel as early as possible.
Can Someone Negotiate A Dog Bite Claim With Insurance On Their Own?
It may be possible to work with the insurance company by yourself, if you have minor injuries sustained from a dog bite. However, if someone has suffered any kind of significant injury, that’s not going to be true. The rule in Texas is going to be the “first bite is free”.
In Attorney Parker’s experience, every dog owner has always claimed, “I had no idea my dog was mean”. All dog owners want to take the position that their pet isn’t dangerous. Therefore, the insurance companies take the position that they are not going to pay on the claim.
Keep in mind, insurance companies are in the business to make money. They do not make money when they pay out money on a claim. They try to minimize or even eliminate the claim completely. Unless you have the assistance of an attorney to help you through this process, they are going to try to take advantage of it and stonewall you at every turn.
How Does An Attorney Assist Someone In A Dog Bite Claim?
With more than 4.7 million dog bites occurring annually across this country, you can see that this is a serious problem. At the Parker Law Firm, they have handled numerous dog bite cases. That experience has shown, that early intervention by a lawyer who is board certified in personal injury trial law is necessary to get the very best result possible.
There are a whole host of things that need to be done in order to pursue the case to the best of its ability and to preserve the evidence that’s there including: taking witness statements; taking pictures; contacting the insurance companies and doctors; obtaining medical records; contacting animal control and local authorities, just to name a few.
With over 30 years of experience in handling personal injury claims involving serious dog bite cases, the Parker Law Firm welcomes the opportunity to visit with and outline your rights and the remedies that might be available to you.
For more information on Statute Of Limitations For Dog Bite Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 503-9200 today.
Talcum Powder Side Effects and Warnings
Talcum powder is a soft white powder made from talc – which is a mineral primarily consisting of magnesium, silicon and oxygen. In its powder form, it absorbs moisture, acts as a deodorant and reduces friction, which results in helping keep skin dry and preventing rashes. Talcum powder is commonly used in cosmetic and consumer products such as baby powder, and adult and facial powder. When in its natural form, it can contain asbestos, which is a substance known to cause cancers in and around the lungs if inhaled.
What Are The Side Effects Of Talcum Powder Use?
Questions concerning the safety of using talcum powder have been raised several times of the last 40 years. Studies as far back as the ’70s have linked the application of talcum powder by women to their genital area to ovarian cancer. When used in the genital area, the particles in talc can travel through the vagina and into the uterus along the fallopian tubes to the ovaries. There the particles can remain embedded in the ovaries for up to eight years. Other side effects include respiratory issues – caused when the powder becomes airborne during normal use. This is most dangerous for infants and can cause wheezing, fast and shallow breathing, and potentially acute or chronic lung irritation. The critical issue is how long was the product used or applied to a particular area.
How Common Is The Use Of Talcum Powder?
The use of talcum powder is very widespread and common. It has been routinely used on babies, children, and adults for everything from diaper rash to foot powder. It has also been used for generations by women who have applied talcum powder to their genital area for hygiene purposes.
What Are The Complaints And Side Effects From The Use Of These Products?
The prolonged and continuous use of products containing talcum powder can cause pain, discomfort and lack of enjoyment of life. Bloating or inflammation of the abdomen, pelvic pain, increased urination, changes in appetite, and feeling tired are among the many symptoms that a woman may experience. Despite talcum powder being used for generations in American bathrooms and nurseries, health-care experts have discovered that long-term exposure to the natural talc fibers can increase the risk of ovarian cancer by as much as 20 – 30%. Ovarian cancer is an aggressive cancer affecting as many as 10,000 women a year.
Why Don’t Talcum Powder Products Have Adequate Warning Labels?
The companies that produce talcum powder are enormous corporations that often times do not put adequate warnings on their products because they put profits over safety. These companies often times weigh the pros and cons of placing proper and adequate warnings when looking at sales. If only a few cases have been filed against them for talcum powder, the cost of settlement for that does not override the loss of sales that might occur if the public knew of the true dangers the product posed. If they are making billions of dollars in sales, paying a couple million for settlement does not harm them.
Has Any Legal Action Been Taken Against The Makers Of Talcum Powder?
There are currently around 1,200 cases against Johnson & Johnson alone accusing it of not adequately informing consumers about the talc-based products’ cancer risk.
When Did The Problems With The Talcum Powder First Start To Surface?
Scientists have known for over 40 years that talcum powder can be dangerous for women who use it frequently. A 2013 report has indicated that women who have used talc over a 10 year period face a 20 – 30% increase in developing ovarian cancer.
What Has Been The Response From Manufacturers?
In one lawsuit, the manufacturer had offered to pay the plaintiff if she promised to sign a nondisclosure agreement in order to keep the claim quiet and not ruin the name of the manufacturer. The overwhelming response has been to do nothing other than defend against the growing number of lawsuits. They claim that if it is safe enough to use on babies then there certainly cannot be anything wrong with talcum powder use by women.
Who Can Make A Claim Or File Lawsuit?
Women or the family of a woman, who has been diagnosed with ovarian cancer which was caused by the use of talcum powder can make a claim or file a lawsuit
For more information on Talcum Powder Lawsuit In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 503-9200 today.
How To Prepare Your Home For Springtime Storms
Protect Your Home From a Storm
Spring is now upon us and with it comes more frequent—and more powerful—thunderstorms. Texas is known for its big weather and the millions of dollars in damages storms cause each year. Dealing with property damage resulting from a storm can be difficult and emotional, that’s why we’ve prepared a quick guide that details how to prepare your home for an incoming thunderstorm. It is our hope that this guide will help you mitigate potential storm damages and prepare you to deal with the insurance adjustors that will undoubtedly offer you as little compensation as they can.
Preparation is the key to defeating the potential costs of weather damage. Try to find a nice day near the end of winter where you can clean up the outside of your home to prepare it for the rigors of spring. Follow these basic steps to make sure that your home is ready for spring thunderstorms.
Trim any dead limbs from surrounding trees. Dead tree limbs can break in high winds and become large pieces of flying debris that will break windows and damage cars. Be sure to trim any limbs that are above your home, driveway, or any other structures that may be damaged by falling limbs.
Consider purchasing operable shutters for your home. The difference between operable shutters and static shutters is that operable shutters can close, thus protecting your windows from flying debris and hail.
Clean up any trash or small items that may be cluttering your property. In a high wind scenario, small objects immediately become potential debris hazards.
Get your roof inspected. If your roof is weak, then it is not equipped to handle a large hail storm. Find a local and reputable roofing contractor to inspect your roof and assess its overall health. If you have a weak roof, then holes can result from large hail. Once your roof has holes in it, then a whole new world of internal home damage can occur. If you have contracted a roofer to reinforce your roof, keep a detailed receipt of their services so that you know the full value of your new roof. This may come in handy if your roof suffers significant damage during a storm.
If you have a car port instead of a garage, make sure that the supporting structures are stable and that the roof is in sturdy condition. If your car port that has a poor support system, then it is more likely to fail under high winds and heavy rains.
After all of these steps have been taken to strengthen your home, carefully inspect every inch of your house, both on the inside and the outside. While you are conducting your inspection, be sure to take detailed photographs so that your property is completely and entirely recorded on camera. In the event of storm damage, insurance companies will ask you for photographic evidence of damaged items and property as proof of loss, and you need to be prepared to prove which items were damaged to maximize your insurance payout.
Unfortunately, insurance companies are notorious for undervaluing your property and your loss to cut their costs. In the event that your insurance provider accuses you of overstating the value of your property, or fails to offer a fair and reasonable reimbursement, call the Parker Law Firm. Our firm handles property damage claims and is adept at dealing with stubborn insurance companies. We will fight tooth and nail to make sure that you receive a fair settlement and that you are reimbursed for the total cost of your damaged property. At the Parker Law Firm, people matter. Call us today for your Complimentary Strategy Session at (817) 503-9200.
Should Fee Be A Factor When Retaining A Personal Injury Attorney?
All personal injury attorneys work on a contingency fee basis, meaning they do not get paid unless and until you get paid. And so money should not be a roadblock to hiring a competent attorney to represent you. What you do need to be careful about though, are attorneys who will work on the cheap. Typically, the fee in a personal injury matter will be anywhere from 33 1/3% – 40% depending upon the type of case and the complexity of the case.
If an attorney says he is going to do it for twenty percent or something in that nature, be aware. There is a strong chance that they either they do not know what they are doing or they are not very competent at what they are doing. Always remember the old adage that “you get what you pay for.” It is better to pay the average or a little more to get a qualified board-certified personal injury trial lawyer who has a proven track record than to be a number or a cog in a wheel of some mass accident firm that has hundreds and hundreds of clients and you are nothing but a number. You are not going to get very good representation and you will not get the best value for your claim.
Unique Attributes Of Attorney Brad Parker And Parker Law Firm In Handling Personal Injury Cases
You are not a number when you walk into the Parker Law Firm. You are a human being with a real problem that has real issues and real consequences. We understand that this process is not natural for you and that you may feel somewhat overwhelmed. We understand and appreciate that upfront. From the day you walk into our law firm you will have a sense of relief, knowing that you have walked into the right place. When you hire us we take over every aspect relating to your personal injury claim so that you can concentrate on getting back on your feet as soon as possible. When you hire us, we take over dealing with your medical providers, the medical billing companies and the insurance companies. We are there to help you every step of the way. You need to be concentrating on getting better, getting your life put back in shape and getting back in order. We take all the problems associated with seeking and getting medical treatment – from billing issues to subrogation and lien matters and everything else in between. We are there not only as your lawyer but as a friend and confidant. Our clients are family to us and we try in every way imaginable to alleviate those issues from your life so that you can concentrate on what is most important — your health.
Additional Information Regarding Personal Injury Claims
One of the things that we always do on all of our personal injury cases and one thing that sets us apart as well is that we negotiate your medical bills, negotiate the liens and negotiate the subrogation interests. Many times, insurance will not cover a particular procedure or treatment or there are deductibles or co-pays that add up. We negotiate with the medical professionals and routinely receive a better rate, a better discount for your medical bills and a better reduction of the lien and subrogation amounts. All too often medical providers attempt to charge a premium because they know it is a car wreck case or a trucking accident and so they bill higher. When you hire the Parker Law Firm, we get involved immediately and start working with these care providers so that you are not getting gouged. We work on your claim in every conceivable way and allow you to concentrate on getting better. At Parker Law Firm, People truly do Matter.
Get the information and legal answers you are seeking by calling (817) 503-9200 today.