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Posted on in Firm News

Walking is one of the best ways to get around Houston. Unfortunately, pedestrian accidents due to negligence are one of the greatest causes of deaths and serious injuries in Houston and throughout Texas.Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”

To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-•The defendant (the accused party) owed the plaintiff a reasonable duty of care.Drivers owe a duty of care towards pedestrians and others on the roadway when they get behind the wheel of a vehicle.

•The Defendant breached his or her duty of care.The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the judge or jury that there was a breach of care committed by the defendant.

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Potential jurors called in from their couches, dining tables and offices Monday morning to a Texas state court insurance trial that appears to have been the first in the country to use the videoconferencing platform Zoom with jurors during the coronavirus pandemic.

"For centuries, if you got jury duty, you've got to go to the courthouse for jury duty," Collin County District Court Senior Judge Keith Dean told potential jurors. "But this time, jury duty has come to you." (AP Photo/Tony Gutierrez)

The public got to observe the jury selection process handled by two Texas state court judges and three attorneys as 25 potential jurors were vetted. But the trial itself happened behind virtually closed doors because it was a summary jury trial that's part of the mediation process in a hail and wind damage dispute between State Farm Lloyds and policyholder Virtuwave Holdings LLC.

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The best reason is that less than 1% of dog bite victims get any type of compensation. Dogs bite at least 4.7 million Americans per year, but insurance companies pay only 15,000 to 16,000 victims. So without a lawyer, a victim has little chance of getting justice.

An insurance adjuster will offer a victim 10% to 20% of what he would offer if the victim had an attorney. The insurer itself will end up keeping the other 80% to 90%. Since a lawyer works on a contingency basis and takes only 33%, a victim who has an attorney therefore will receive 66% — far more than the 10% to 20% that he could get for himself.

A person who attempts to pursue a dog bite claim places himself or herself in the position of the prosecutor. That arouses resentment unnecessarily. This is exacerbated by the fact that the victim himself doesn't know the right things to say in order to get the claim settled efficiently. All too often, a victim will make accusations that are unnecessary under the law. With an attorney, however, a victim always can comment, "it was the attorney who said that, not me." Criticism can be deflected easily. Having a lawyer handle this legal matter is therefore more efficient and less stressful, in addition to posing no financial risk.

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Being injured as a result of another's negligence can have lasting impacts on a victim. Aside from healing from physical injuries, mental injuries may require years of treatment to heal as well. When this emotional distress directly impacts a victim's daily life, it's known as pain and suffering. We feel it's important to discuss the psychological impact of a personal injury, and your legal rights to compensation.

No matter how you received your injuries, suffering a personal injury is a traumatic experience. No personal injury victim should go through these feelings alone. At The Law Offices of Shane R. Kadlec, we fight hard for the victims of personal injury so that they can have a fair chance at receiving the compensation they deserve.If you've recently suffered an accident that resulted in a Houston personal injury and have been feeling negative emotions such as fear, depression, or mood swings, you may be wondering what you can do. Learn more about what mental anguish and emotional distress mean, and how you can seek compensation for them.

The Two Types Of Pain And Suffering

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Posted on in Firm News

If you have a loved one who lives in a Houston nursing home, you expect the professional staff to provide the highest level of care. In some cases, however, the residential settings where elders should receive respect and compassion become more akin to prisons.

Elder abuse — from stealing money to verbal harassment and even physical violence — occurs when nursing homes mistreat their residents in some manner. Relatives who rely on nursing homes to care for their older family members may live far away or may not be in a position to continuously monitor living conditions. Unchecked, nursing home abuse can cause great emotional, financial and physical harm to seniors.

Nursing homes provide a variety of nursing and medical services, and elder abuse in institutional settings can qualify as medical malpractice. If you are a loved one of a senior who is suffering — or if the mistreatment is directed at you personally — it’s critical that you work with experienced legal experts to understand the options for stopping the nursing home abuse and seeking compensation that your loved one deserves.

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