Archive for September, 2010

Patience is the key in Searching a Right Personal Injury Lawyer

Wednesday, September 29th, 2010

If you are injured for a long period of time, it would be a stressful thing to deal with, particularly in a situation where you have to look after everything by yourself. Getting in the midst of such a situation is the most unfortunate thing. But you can hire a personal injury attorney who can ease the situation to some extent.  Actually a serious injury will very soon put you in debt by the medical bills. This is where the experience of a personal injury attorney comes handy. He can surely help you to file the insurance claims as well as handling the court case.  A personal injury attorney is the right person to assist you to deal with the outstanding medical bills.

If you are a native of Florida, it is not an easy job to find a right Florida Personal Injury Lawyer. First of all, in searching a personal injury attorney, you have to be patient. Sometimes it happens that due to impatience; a person takes hasty decision and ultimately chooses a wrong personal injury lawyer which later proves to be devastating.

Know the details of filing a wrongful death claim

Thursday, September 2nd, 2010

The original Wrongful Death Statute was enacted in Texas as early as 1860. Since then it has witnessed numerous amendments. Chapter 71 Texas Civil Practice and Remedies Code is the present law that outlines the basic dictates regarding wrongful death cases. Here is a brief overview of the directives.Wrongful death

According to the code, filing a wrongful death claim in Houston is possible only if the victim, if alive, had the legal right to file a personal injury case. The requirement is to prove that another’s negligence, carelessness, wrongdoing, default or professional inability was the reason for the death.

The basic idea of a wrongful death case is to prove these points:

  1. Occurrence of death because of another
  2. There was a duty to care/strict liability
  3. There was a breach of this duty/liability
  4. There are survivors of the deceased
  5. There were adverse effects on the survivors’ financial position

You need to talk to a Houston wrongful death lawyer if someone in your family died because of another’s fault. The spouse and children have the priority in this regard. If, however, they fail to initiate legal action within 3 months from the death of the individual, the administrator or executor of the deceased estate may also take up this task.

The Texas statute of limitations pertaining to wrongful death gives you two years limit to file a claim. This is an absolute and failing to do so means the survivors miss the compensation they rightfully deserve. While the ‘discovery rule’ applies to personal injury cases, it is not so in this kind of cases involving wrongful death.

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