FAQs

Answer: One of the primary ways that personal injury claims are resolved is through the determination of whether someone else's negligence contributed to your injuries. A person can be negligent if they do something that a reasonable person would not do or if they failed to do something that a reasonable person would do. If that action or failure to act contributed to your injuries, then you may have a claim. If you are unsure whether you have a claim, consider talking to a lawyer to learn more. Many firms — including the Law Office of Shane R. Kadlec — offer no-cost consultations to discuss a potential case with you.

Answer: It may seem like this is the end of your claim, but you may be able to appeal the decision if your claim is denied. An attorney can help you file an appeal in the days after the decision has been made, but it is important to appeal quickly, because there is a statute of limitations for the appeals process.

Answer: First, contact an attorney. Having a lawyer review the offer before you accept it is an important way to ensure that the insurance company isn't offering a sum that is too low to aid you in recovery. This is especially important for catastrophic injuries, because they can require long-term medical care, and they may prevent you from earning a similar salary to what you earned before the accident.

Answer: Most personal injury cases are handled on a contingency fee basis, which means that an attorney's payment is dependent on the success of the case, and they are paid nothing unless they win. If your case does succeed, then payment varies depending on how much compensation you are awarded, the facts of your case, and its complexity.

Answer: One of the first things that you should look for is experience working personal injury cases. This knowledge is a great asset when an attorney is guiding you through the process of filing a claim and can be key to courtroom success if negotiation is unsuccessful. One marker for this is board-certification in personal injury law, which shows a higher level of experience in this practice area. Another thing to look for is an attorney who can meet with you directly. Not only does this help your attorney get to know your claim and fully understand the impact that your injury will have on your life, but it also means that you can ask any questions that you might have directly.

Answer: There may be more than one party you could recover damages from. The drunk driver himself, of course, is liable for any harm he causes. If the drunk driver had insurance, then filing a claim with his insurance company is usually the first step. However, in Texas, you may have a third option. Our “Dram Shop” laws can sometimes be use to hold a drinking establishment liable for harm caused by one of its patrons.

Answer: Under Texas’s Dram Shop laws, a bar, club, restaurant, or other business where alcohol is sold for consumption on the premises can be held liable if they furnished alcohol to a person who was clearly already intoxicated, and that person went on to cause harm to others as a result of their intoxication.

Answer: While a DUI arrest can make it easier to prove your case, it is not necessary. Our attorneys may be able to use other evidence to show a civil court that the driver’s intoxication caused the accident.

Answer: You may be able to recover financial compensation for a wide variety of expenses and financial losses related to the accident. This includes current and future medical bills, lost wages including impairment to future earning capacity, and compensation for emotional harm and loss of enjoyment of life. We will help you carefully calculate the amount of compensation to demand.

Answer: Drivers who are under the influence of drugs other than alcohol are still liable if they cause an accident while intoxicated. People who are under the influence of marijuana, street drugs, or even certain types of prescription drugs may be unable to drive safely, and they are responsible for the harm they cause due to their impaired driving.

Answer: You are likely still eligible to recover compensation. However, these cases can be tricky, and you will need to consult an attorney.

Answer: If a member of your immediate family lost their life in a DUI crash, you may be able to file a wrongful death lawsuit. In these cases, you may be able to recover compensation for the loss of your family member’s financial, domestic, and emotional support, as well as certain other damages that your family member could have recovered had they survived, including any medical bills they accrued before passing.

Answer: A sober driver is likely to be alert enough to swerve or hit the brakes before impact, reducing the damage. A drunk driver is more likely to crash at full speed. Drunk drivers are also more prone to veering out of their lane and causing head on collisions.

Answer: Medical doctors are common defendants in medical malpractice lawsuits, although they are not the only licensed professionals who can be held accountable for medical malpractice. Dentists, registered nurses, nurse practitioners, pharmacists, optometrists, chiropractors, physician assistants, and even a healthcare facility as a whole can be sued for medical malpractice.

Answer: If a doctor or other licensed health-care professional causes avoidable harm to you, then you may have a malpractice case. Common types of medical negligence that lead to malpractice litigation include surgical errors, missed or delayed diagnoses, negligent prescribing, or medication errors. Neglect and abuse in nursing homes is another large category.

Answer: Healthcare professionals have a duty to use the level of care demanded by the standards of their profession and to act as a reasonable person with the same level of experience would in a similar situation. The first thing that must be proven is that the professional has violated this duty by acting carelessly or by failing to act when they should have. It must then also be demonstrated that you suffered harm as a result. These are the main elements that must be proven to sustain a successful malpractice claim.

Answer: Dental malpractice can leave a person with lasting pain or disfigurement. Common dental errors include mistaken extraction, anesthesia errors, unnecessary procedures that are frequently profit-driven, and infections caused by equipment that was inadequately sanitized.

Answer: When a patient consults with a healthcare professional with a concern about their health, the provider has a duty to make reasonable attempts to discover the cause of the patient’s symptoms. Doctors sometimes fail to take a complaint seriously, and they may not conduct reasonable testing in pursuit of a diagnosis. This can lead to dangerous health conditions progressing unchecked until they can no longer be treated as easily or successfull. This is known as a delayed diagnosis. Diagnoses that are missed entirely may be discovered only when the disease is terminal or after an autopsy.

Answer: Surgeries do not always go perfectly. Often, this is due to a careless mistake by the surgeon or one of their assistants. Having a foreign object left inside you, contracting an infection due to poor sanitization, having the wrong operation performed, or suffering a serious and avoidable complication can all amount to medical malpractice.

Answer: Often, the party who has the best proof of medical negligence is the provider themselves. Hospitals may be reluctant to turn over information that could be used against them in court, and some patients do not even learn of the malpractice until many years after the incident giving rise to the claim. Fortunately, an attorney may be able to compel the health care provider to turn over the records you need.

Answer: Vulnerable adults living in nursing facilities deserve high-quality care. Those with a loved one living in a nursing home should be aware of a few common signs that neglect or abuse is taking place, including unexplained injuries or falls, sudden personality changes, fast weight loss, bedsores, and fearful behavior. Poor hygiene and cleanliness or unanswered call lights may also be cause for great concern.