What You Need to Know About Medical Malpractice

Each of us should feel lucky that we live in a time and place in which high-quality medical care is readily available. But what happens when you seek medical treatment and something goes wrong? What if you leave the hospital worse off than you were when you came in?

Though it is a relatively uncommon occurrence, medical professionals can hurt you if they fail to perform their duties properly. In such a situation you might be able to recover compensation for your injuries. These types of cases, known as medical malpractice or medical negligence cases, involve some key issues you need to know about.

Treatment, Mistakes, Negligence, and Standards of Care

Anytime you visit a doctor or health care provider there is a range of possible outcomes. You might, for example, go to the doctor, be properly diagnosed, receive adequate treatment, and come away from the experience as your normal, healthy self. Yet you might also receive treatment and be unhappy with the result, or actually suffer an injury because the doctor did something wrong. So when can you sue for medical malpractice?

The answer depends on a number of factors, but they all boil down to whether or not the doctor breached a medical standard of care. In any given medical situation there will be a level of care or treatment that reasonable, competent medical professionals in similar situations would apply. Negligence occurs when a medical professional in any situation acts contrary to that standard of care. Because standards of care can differ depending on the area in which you live, your age, and your particular medical circumstances, there is not always a clear dividing line between what is and what isn’t medical malpractice.

Causal Damages

Even if you can show that a healthcare provider violated a standard of care, that doesn’t mean you automatically have a good medical malpractice case. In order to prevail in any case, you will have to show that you suffered some kind of damage.

Damages can include anything from additional medical expenses to compensate for the mental or physical pain you experienced because of the negligent actions. It can also include any wages you lost because you were out of work for longer than you should have been.

To recover those damages in a medical malpractice case you have to be able to show that those damages were the result of the malpractice. This is why so many medical malpractice cases involve complicated investigations and consultations with medical experts to determine what went wrong and how it affected you.

Not only that but depending on the state in which you live there may be limits on the amount of money you can win in any medical malpractice case. So, even if you can show the negligent actions resulted in significant damages, state law may limit you to a much smaller amount.

Experienced Attorney Analysis

Being hurt as a result of a medical procedure or treatment is one of the worst things a person can experience. Even if you don’t want to cause anyone trouble by filing a lawsuit, or don’t think you have a case, you need to be able to talk to an attorney before you make any serious decision. State laws impose time limits on when you can file a medical malpractice claim, and if you delay too long you may be out of luck. If you don’t speak to an experienced medical malpractice attorney after you’ve suffered an injury you could damage your ability to recover what is rightfully yours.

Personal Injury Law - Truck Accidents - Insurance Companies

Insurance Adjusters are the First Step in the Game Called “Claim Denial”

A (comparatively) larger number of gravel haulers, including independents, are underinsured; which means they only carry minimum liability coverage on their rigs. However, commercial liability insurance minimums are not governed by the same laws that oversee auto minimum liability insurance companies so when there is a commercial underwriting company involved, and if there is an accident, the coverage amounts can usually fully compensate victims of dump trucks and gravel hauler accidents. But just because it’s available doesn’t mean it’s easy to be compensated for your injuries and all other damages arising from an expensive truck wreck.

The business model of virtually every commercial insurance company is to protect their cash, regardless of whether the underwriter is a corporation that answers to stockholders or a mutual fund company that answers to its policyholders (in this case, the trucking company). All insurance companies are in the business of taking-in premiums and paying out as little as absolutely necessary in claims. Their duty to themselves and policyholders is to deny your claim, avoid paying you fairly, and protect their funds. This happens untold thousands of times every year. Without the right experienced dump truck and gravel hauler accident attorney on your side, the odds of collecting a fair settlement from any insurance company are astoundingly against you.

While the Texas Civil Practices and Remedies Codes grant the right for anyone been injured in any trucking accident, or the surviving family members in the event of wrongful death, to be compensated, the law doesn’t necessarily grant a victim claims an injury by rote. It must hard-fought and won. You, as plaintiff, must first prove the liability of those responsible for the injuries arising from your negligent dump truck accident and all the other damages arising from it. The burden of proof is yours. Unless you clearly show that the money you’re asking for is a fair reflection of your losses, damages, and injuries, you have no hope of winning. The insurance company and the sharp lawyers who represent them, do everything possible to deny your claim or civil case. And if they are found liable, they inevitably argue that the amount you seek is excessive, unreasonable and that you deserve much less.

Insurance adjusters are their first weapon in their fight against you. They shield their employer from you because their job is to save their companies money by denying your claim or underestimating the cost of the wreck. And the best adjusters get the most important cases. Truck wrecks are the most expensive and thereby, pose the most danger to the insurance company’s profits. An adjuster often acts like your best friend and constantly assures you that all of your needs are met. Then they turn around and work behind the scenes to build the case for the insurance company’s denial of your claim.

Adjusters are very clever and can be quite sneaky. They try to imitate the good relationship you have with your car insurance agent. Often, under the guise of being “on your side,“ they might innocently try and record you saying something that can later be twisted around to sound like your admitting some liability. They regularly use this tactic to destroy your chance to receive any form of fair compensation. Some unscrupulous adjusters even try to deceptively convince uninformed truck accident injury victims to sign away the legal right to sue in exchange for a measly settlement amount that would never even approach fair compensation for the victim’s injuries and other financial losses from a big rig accident.

The tactics of an insurance company to save their money by denying your rightful claim is illustration enough of why you need aggressive, experienced legal representation. Only the history of success of an experienced dump truck accident attorney such as our Law Firm set unscrupulous insurance adjusters in their place and compel their insurance company into a fair settlement, or defeat them in court if they refuse to see reason.

Our Law Firm has decades of experience handling personal injury litigation in dump truck and gravel hauler accident cases. If you or a loved one has been seriously injured by one of these road monsters, our expertise significantly increases your odds to receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been involved in a trucking accident anywhere in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation to begin your road to total recovery so you and your family can resume your life.

Self-Insured Truck Drivers Who Cause Accidents Present Different Problems

Since Texas law doesn’t require truckers to have liability insurance (past what they carry on their truck to remain “street legal”) some trucking companies protect against personal injuries from accidents by self-insuring themselves. This usually involves the transport company reserving a percentage of their assets to pay accident claims, rather than purchasing coverage from a traditional insurer. Rare is the time when they aren’t underinsured. And though the federal government monitors the insurance industry, licensed adjusters and holds insurance companies to ethical standards as best it can, no such regulations govern companies that insure themselves.

And even though you won’t need to deal with insurance adjusters, winning compensation from these “self-insured” companies can be far more difficult and often even more problematic. You will be dealing with an officer of the company, instead of an insurance adjuster. This company officer’s salary comes from company profits. Any amount paid to you for a serious and expensive injury comes directly out of company coffers. So if that officer compensates you for an injury, the amount is paid directly out company assets; which means the company officer is literally taking money out of their own pocket.

So it is not unusual for a self-insured company officer resorting to any means to deny your claim and protect the company’s assets. Officers of self-insured companies have been known to willfully dispose of damning evidence, bribe witnesses, and even intimidate victims. This explains why every time our attorneys are hired against a self-insured company, the first action we take is to prevent anyone from the defendant company from behaving inappropriately toward our clients. And we step in and prevent them from communicating with our clients in any way unless we are present.

Our Law Firm has decades of experience handling personal injury litigation in large truck wreck cases. If you or a loved one has been hit by one of these monsters and you are blameless, our expertise assures that you should receive the fairest compensation possible for the injuries and pain you have suffered or if a wrongful death of a loved one has occurred. We’ve helped deliver millions of dollars to hundreds of negligent accident victims in Texas. So if you or a loved one has been involved in a trucking accident in Texas, our experienced accident lawyers can win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation. Get on the road to recovery so you and your family can get on with your lives.

Our Main Office:

Carabin Shaw P.C.
630 Broadway St, San Antonio, TX 78215
210-222-2288

Car Accident Lawyers : Underinsured Motorist Claims

Are you having difficulty in filing an uninsured motorist or under-insured motorist claim? Our car accident lawyers can help you with your uninsured / under insured motorist claim.

Uninsured and under insured motorist coverage insurance is an optional form of insurance coverage that many people purchase. In fact, many car insurance providers will include it as part of a default package.

The idea behind this type of insurance coverage is that in the event your vehicle is struck by a driver that does not have any car insurance coverage, or does not have enough car insurance coverage to cover the full extent of you property damage or injuries, you will be able to file a claim against your own insurance company under the uninsured/ under insured portion of your insurance policy.

This is a fairly common scenario because most motorcycle accident drivers only carry the minimum insurance coverage that is required by law. It is very easy for the total of your property damage and personal injury damages to exceed the value of their policy. In most cases, their insurance company is not required to pay beyond the amount of the coverage that their insured purchased.

Difficulties in filing an UM claim

As you are probably aware, the whole idea behind the insurance industry is that they are banking on the fact that they will likely never have to pay out on most policies. Uninsured/ underinsured coverage works the same way only more so. Naturally, you will only receive a payout if you meet certain requirements and so forth.

The biggest hurdle to overcome is that you must completely exhaust the defendant’s insurance policy before any under insured money will be disbursed. If the defendant’s insurance company does not release their policy limits, you may never get be able to take advantage of a UM claim. Thus, it is imperative to have the help of an aggressive car accident injury attorney who can recover the full limits of the defendant’s insurance policy.

Practice Areas: Car Accidents, Trucking Accidents. On the Job Injuries. Wrongful Death. Construction Accidents, Boating Accidents, Premises Liability. Contact Us

Successes Legal Disclaimer

The personal injury attorneys of our Law Office have provided the information on this site to help inform the public about the potential application of civil law to certain situations. The information contained in on this website is not intended to help an individual make important legal decisions. An individual should only make a decision related to a legal case after consulting with an experienced and licensed attorney. Do not make any legal decisions based on information found on this or any other websites. Furthermore, laws and statutes change on a regular basis and information or results mentioned on this website may be based on laws or statutes that are no longer current. Additionally, every case is slightly different and will have its own subtleties and variations, and every case is subject to subtleties imparted by way of nuances imposed by the jurisdiction in which the case takes place and other outside factors such as preexisting agreements including binding arbitration, waivers, insurance coverage stipulations and policy terms, etc.

Contacting the personal injury attorneys of our Law Office through this website does not constitute an attorney client relationship. It is the policy of ourLaw Office that an attorney client relationship can only be established after a formal written engagement letter is endorsed by both the client and an officer of our Law Office. Any information transmitted through this website by submission of a contact form or by way of electronic email is not guaranteed to be secure and is not done so on a confidential basis.

Certain hyperlinks contained on this site may link to other websites including websites that are owned or operated by third parties unassociated with our Law Office. These hyperlinks are provided as a convenience whereby they may link the site visitor to a source of additional information. Our Law Office is not responsible for any of the content on any such site and is not responsible for any actions that may result from visiting such sites.

This Website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Our Law Office makes every effort to comply with the ethical rules of advertising for the State of Texas. However, due to the nature of the internet, this information may be viewed in states where some aspect of this website is in conflict with that state's ethical codes. Our Law Office does not wish to attract any potential client from any such state.

Reproduction, distribution, republication, and/or retransmission of material contained within our Law Office Website is prohibited unless the prior written permission of our Law Office has been obtained.