Burt Burnett- Attorney at Law

The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Other Property Damges (cont)

The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Who May Bring a Death Claim

Wrongful death claims are governed by the Texas Wrongful Death and Survival statute. The statute only allows recovery for a specific group of people: the surviving spouse, any surviving children, any surviving parents, and the deceased’s estate.

While these categories may seem simple, there are several issues associated for each. For example, a surviving spouse includes not only a spouse by formal marriage, but also a spouse by common law marriage. For children, a suit can be brought by natural and adopted children, but not by step-children. For parents, suit can be brought by natural and adoptive parents, but not by step-parents, foster parents, or others who raised the child without going through the formal adoptive process.

You may notice some significant omissions. Sadly, a sibling may not bring a wrongful death claim even though the loss of a sibling can be devastating. Similarly, grandparents are not listed in the statute and cannot bring wrongful death claims.

If you fall in the catagory in which you would like to seek more advice please give us a call at the Burnett Law Firm. It will not cost you a dime to give us a call 800.501.2091

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Board Certified - Wrongful Death Attorney

We know that few things can be as devastating as losing a loved one. You will certainly be experiencing grief. And depending on the circumstances surrounding the death you may be dealing with anger, guilt, anxiety, and worries about the future. We also know that traumatic losses, those that are unexpected and caused by others, are much more painful and cause these emotions to be heightened than the loss of a loved one through natural causes.

We try to help our clients overcome those losses. Certainly, we will help relieve some of the burden that is presented through the legal process. But beyond that, we want to help you through the loss process. That may mean just being your lawyer, but it may also mean pointing you to other resources that we know about through our representation of other clients dealing with losses of their loved ones.

Texas wrongful death claims are governed by the same liability rules governing other claims. For example, the estate or beneficiaries will be entitled to recover from a company if the deceased was killed as a result of the company’s negligence. However, damages in death claims are governed by the Texas wrongful death statute and the survival statute. The wrongful death statute regulates the recovery that family members may seek for their own damages. The survival statute regulates what damage the estate may seek on behalf of the deceased for damages suffered between the time of the injury and the time of death.

---The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

New Bus Safety Rules Needed

The National Transportation Safety Board, the federal agency charged with investigating major transportation accidents, voted unanimously on April 21, 2009, to cite the National Highway Traffic Safety Administration ("NHTSA") for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been attempting to get the NHTSA to enact their suggestions since 1999.

A string of deadly bus crashes has led to more urget calls for action. It is absolutely ridiculous that the NHTSA has failed for ten years to enact rules that would save lives. Among the most recent fatal crashes:

January 6, 2008: A commercial bus with a driver and 52 passengers departed Telluride, CO, and ran off the highway near Mexican Hat, UT. The bus rolled once and 51 of the occupants were ejected. Nine passengers died and dozens were injured. The bus was being driven by a 71 year-old driver and was traveling approximately 90 m.p.h. The top was sheered off the bus, ejecting everyone except the driver who was wearing the only seatbelt on the bus, and a single passenger whose leg got stuck.

April 4, 2009: A shuttle bus carrying employees of the Resort at Squaw Creek in Lake Tahoe veered off Interstate 80 near Floriston, CA, approximately 20 miles west of Reno. It went

through the guardrail before it rolled several times, killing one passenger and injuring twenty-seven others.

August 10, 2008: A charter bus in Sherman, TX, carrying Vietnamese-American pilgrims from Houston to a religious festival in Carthage, MO, crashed, killing 15 people and leaving 8 others in critical condition. A recapped tire was improperly placed on the steer axle. It was the only one of the ten tires that was recapped, and it was the only tire whose tread separated.

March 2, 2007: A charter bus carrying the Bluffton University baseball team from Ohio, plunged off a highway overpass in Atlanta. It slammed onto Interstate 75 nearly 20 feet below, landing on its side. Seven passengers died.


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

A Truck Accident Survivor

Anyone who survives a big rig crash should count themselves as lucky. While these trucks and the people who drive them constitute an important part of modern society, they also have very real responsibilities related to their trade. When they don't live up to them, the result is quite often death and disaster. These trucks can weigh over 100,000 pounds, in some cases, and when they're cruising down the highway at 70 miles per hour there is little that stands a realistic chance of surviving a wreck. If you do make it out, you may be eligible for damages.

Semi truck can be very safe vehicles if they're properly-maintained and deadlier than anything else on the road if they're not. Trucking companies have a responsibility to keep their trucks in good repair and to meet a host of safety standards set up by the federal and state governments. In some cases, the company may have been slack in living up to these standards and, when that is the case, they are likely financially liable for all the damage that they cause to you, whether it's to your property or to your person. A lawyer will know for sure.

If you have been hurt in a BIG RIG truck accident give us a call at the Burnett Law Firm 800.501.2091

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

What is a Contingency Arrangement?

There are recourses available if you’ve had a car accident. While legal affairs are usually quite expensive, there are ways you can file a claim without being put out for a lot of money. In fact, you can actually file a claim for an accident without paying money up front. This is done through a contingency arrangement, which is a good way to make sure that the case you’re filing is worthwhile. In this arrangement, the lawyer doesn’t get paid unless you go to court or win, or unless you get a settlement.

In a contingency arrangement, the vehicle accident lawyer usually offers a free consultation. At this time, they’ll sit down with you and go over the details of your case. They’ll need to know as much as you can offer; be sure to bring all the relevant paperwork with you. The attorney will be able to tell you if your case has a good chance of winning. If it does, you’ll have to work with the attorney to come up with a concrete figure to seek for damages. This is a basic part of how this type of law works. Sometimes it’s hard to put a dollar value on some kinds of injuries, but this is where the attorney’s prior experience comes in.
The Burnett Law frim has been helping people, famiy, and loved ones with personal injury cases and much more. The experence here is personal and rewarding. Take a look at our site and understand your attorneys views and success rates. Here at the Burnett Law Firm we work on a contingency attangement. This puts you at ease and us to work for you. Take a look at:
http://www.BurtBurnett.com


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Fact Finding and Discovery

A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. Since the late 1940's, the federal court system has required disclosure of all relevant facts and documents to the other side prior to trial, and virtually every state has followed its lead. That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

Written Discovery: Interrogatories and Requests for Admission

Interrogatories are questions requiring your version of the facts and of your claims. They can be pre-printed "form" interrogatories, or specific questions asked just for your case called "special" interrogatories. Questions can range from the broad ("What happened on April 26, 2004?") to the specific ("Is it your position that the defendant was wearing sunglasses at 2:30 p.m. on April 26, 2004?"). If the questions asked are not fair questions or are difficult to understand, your attorney will help you decide what you should object to.

Requests for admission are not often used, but can be a very powerful tool. They ask a party to admit or deny certain facts pertaining to the case, and they carry with them penalties for not answering, for answering falsely, or even answering late.

Document Production

Document production is fairly self-explanatory. Any party has a right to see most documents that even arguably relate to a case. Particularly in more complex medical malpractice or product defect cases, the documents involved can be voluminous. Increasingly, courts are allowing access to computer files as part of document discovery. In cases where enough is at stake to justify it, courts have even allowed litigants to reconstruct deleted files (like e-mail), although that practice has not yet become common.

Depositions


Depositions are sworn statements, when a person will answer questions from an attorney, and a court reporter will make a transcript of all that is said. Depositions can range in length from an hour to a week or more. Although all attorneys have their own strategies for depositions, there are basically three reasons to do them: to lock people into their stories, to see what the other side has, and to do a "practice trial," that is, to see how a witness will appear and conduct themselves before a judge or jury.

Your attorney will tell you what he or she wants from you if you are deposed, but there are two general things to remember. First, never guess. The purpose of a deposition is to give facts, not to speculate as to what might have happened. Even if it makes you self-conscious to say it, sometimes "I don't know" is the right answer. Second, it is human nature to want to explain things so that your listener understands, but you should resist the impulse. It is your opponent's job to get the answers. It is your job to answer only the question asked, not to offer additional information.

Things to Remember About Discovery

Keep in mind that it is very likely that anything and everything will come out at some point in the discovery process.
It is imperative that you be honest with your attorney about the facts and documents that may come out. He or she can't do the best job if you don't disclose everything.
Discovery can be lengthy, expensive, intrusive, and frustrating. Whether you want to have your life opened to that kind of scrutiny should play a role in your decision whether or not to start a lawsuit.
Be honest. Nothing will make you lose a case quicker than lying in discovery and getting caught, and it is likely that you will get caught if you are purposefully dishonest.
___The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Resolving Your Case before Trial: Court Motions

Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a nondispositive motion. The information below is intended to give you a basic idea of dispositive motions that might end your case before trial, and how those motions work.

Motion to Dismiss

A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. The motion is brought when the defendant believes that the complaint is legally deficient in some way. In deciding a motion to dismiss, the court must view the facts set forth in the complaint in the light most favorable to the plaintiff. The motion to dismiss is usually based on one or more of the following legal deficiencies:

Lack of subject matter jurisdiction, meaning that the court doesn't have the power to rule on the controversy. For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will.

Lack of personal jurisdiction. This means that the court does not have power to make decisions affecting the defendant personally. The court lacks jurisdiction over you if you do not have sufficient minimum contacts with the place where the lawsuit has been filed. For example, if you were involved in an automobile accident at Yellowstone National Park, but you live in Florida and you're being sued in Vermont, you would have a good reason to argue that the Vermont court doesn't have jurisdiction over you.

Improper venue. "Venue" refers to the particular location of the court. States have statutes setting forth the places within the state where you can be sued. If you are not sued in one of those places, the site of the lawsuit is inappropriate. A venue may be legally improper even if the court has personal jurisdiction over you. A frequent solution to this problem is not to dismiss the case, but to order that it be transferred to the proper venue.

Insufficiency of process or insufficient service of process. A case may be dismissed if there is a technical defect in the summons (which is rare), or if you were not properly served with the summons and complaint (which is more common). Service may be improper for a number of reasons, so be sure to tell your lawyer about how you were served and any odd circumstances so your lawyer can determine whether it could lead to the case being dismissed.

Failure to state a claim upon which relief may be granted. In some cases, your lawyer may conclude that the facts set forth in the complaint do not state a legal claim for relief. For example, the complaint may allege that you did some negligent act that injured the plaintiff. The law may provide that you don't have any responsibility to look out for the plaintiff under the circumstances described in the complaint. If you don't have a legal responsibility, you cannot be held liable for the plaintiff's injuries.

Summary Judgment Motion

In some cases, the key facts are not disputed and require that judgment be entered for one of the parties. This is known as a summary judgment, in that it summarily ends the case before trial. The purpose of a trial is to have somebody -- the judge or the jury -- decide what the facts are. If the facts are not in dispute, there is no need for a trial. Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.

Summary judgment is described as "a blunt instrument" that can abruptly terminate the litigation. To avoid a summary judgment, the other party must provide the court with evidence that would be permitted at trial that indicates that the key facts are disputable. If the court agrees with the party opposing the motion and finds that the key facts are in dispute, the court cannot enter judgment and must instead send the case to trial.

Motion for Default Judgment

If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default . When a defendant is in default, the plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default . Entry of default is serious: it means that because the defendant has failed to appear, he or she will not be permitted to contest whether he or she is liable to the plaintiff. Instead, the only question in dispute is how much the plaintiff should receive in damages. The court will send the defendant a notice stating that default has been entered against him or her.

If a defendant is in default, acts promptly, and has an adequate excuse, he or she may be able to convince the court to set aside or vacate (undo) the entry of default from the file. Courts very much prefer that cases be decided on the merits, which often influences them to grant a motion to vacate entry of default. But in some cases, a court will decide that the defendants reasons aren't good enough and refuse to set aside or vacate the entry of default.

If you need assistance from a Lawyer contact us at 800.501.2091 or WWW.BurtBurnett.com. All calls are free and we will be sure to direct you in the right direction to help you in your accident.
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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Resolution Before Trial: Settlement

The majority of legal claims arising from accidents or injuries do not reach a civil court trial -- most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a personal injury case agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for the payment of an agreed-upon sum of money from the defendant or an insurance company. In rare cases, instead of paying money the defendant will agree to perform (or cease performing) a certain action.

If you are considering settling a legal claim after an accident or injury, or if you have received a settlement offer, you should talk to your attorney and receive his or her thorough assessment of the case and the prospects for settlement. Consider the following points:

Amount he or she thinks the case is worth in a range of dollar amounts.
Verdicts and settlements in similar cases.
Chances of winning at trial.
Unfavorable publicity for either side (civil court trials are open to the public and media scrutiny).
Amount of personal information that could be revealed at trial or through further discovery.
Possible disclosure of business information or trade secrets.
When the case is likely to be called for trial.
Practical difficulties in trying the case.
Weaknesses in your evidence.
Weaknesses in your opponent's evidence.
The amount of the defendant's insurance coverage.
The defendant's own monetary resources.
The defendant's lawyer's negotiation tactics (your lawyer may have negotiated with the lawyer before, or has talked to other lawyers to get an idea of what to expect).
The extent to which your opponent is likely to play "hardball."
If you are the plaintiff, ask how much of the settlement proceeds will be applied to your lawyer's fee and your expenses.
If you are the plaintiff, ask how the settlement payments will affect your federal and state income taxes.
Talk about what you're willing to concede in order to get the case settled.
Discuss the minimum amount you will accept.
Consider the possibility of a partial settlement, that is, settling the easy issues first while you continue to negotiate the more contentious issues.
If you are the plaintiff, consider accepting a remedy other than money.

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

What Happens At Trial

In a personal injury trial, a judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the injuries and harm alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant. A trial also represents the defendant's chance to refute the plaintiff's case, and to offer his or her own evidence related to the dispute at issue. After both sides have presented their arguments, the judge or jury considers whether to find the defendant liable for the plaintiff's claimed injuries, and if so, to what extent (i.e. the amount of money damages a defendant must pay).

(Note: Although a trial is the most high-profile phase of the personal injury lawsuit process, the vast majority of personal injury disputes are resolved well before trial -- and in some cases before a lawsuit is even filed -- via settlement between the parties, alternative dispute resolution (ADR) processes like arbitration and mediation, or through dismissal of the case.)

A complete personal injury trial typically consists of six main phases, each of which is described in more detail below:

-Choosing a Jury
-Opening Statements
-Witness Testimony and Cross-Examination
-Closing Arguments
-Jury Instruction
-Jury Deliberation and Verdict
-Choosing a Jury

Except in cases that are tried only before a judge, one of the first steps in any personal injury trial is selection of a jury. During jury selection, the judge (and usually the plaintiff and the defendant through their respective attorneys) will question a pool of potential jurors generally and as to matters pertaining to the particular case -- including personal ideological predispositions or life experiences that may pertain to the case. The judge can excuse potential jurors at this stage, based on their responses to questioning.

Also at this stage, both the plaintiff and the defendant may exclude a certain number of jurors through use of "peremptory challenges" and challenges "for cause." A peremptory challenge can be used to exclude a juror for any reason (even gender and ethnicity in civil cases), and a challenge for cause can be used to exclude a juror who has shown that he or she cannot be truly objective in deciding the case.

Opening Statements

Once a jury is selected, the first "dialogue" in a personal injury trial comes in the form of two opening statements -- one from the plaintiff's attorney, and the other from an attorney representing the defendant. No witnesses testify at this stage, and no physical evidence is ordinarily utilized.

Because the plaintiff must demonstrate the defendant's legal liability for the plaintiff's injuries, the plaintiff's opening statement is usually given first, and is often more detailed than that of the defendant. In some cases, the defendant may wait until the conclusion of the plaintiff's main case before making its own opening statement.

Regardless of when opening statements are made by either side in a personal injury case, during those statements:

The plaintiff presents the facts of the accident or injury and the defendant's alleged role in causing the plaintiff's damages -- basically walking the jury through what the plaintiff intends to demonstrate in order to get a civil judgment against the defendant.
The defendant's attorney gives the jury the defense's own interpretation of the facts, and sets the stage for rebutting the plaintiff's key evidence and presenting any "affirmative" defenses to the plaintiff's allegations.
When a personal injury lawsuit involves multiple parties (i.e. where three individual plaintiffs sue one defendant, or one plaintiff sues two separate defendants), attorneys representing each party may give their own distinct opening arguments.

Witness Testimony and Cross-Examination

At the heart of any personal injury trial is what is often called the "case-in-chief," the stage at which each side presents its key evidence and arguments to the jury.

In its case-in-chief, the plaintiff methodically sets forth its evidence in an attempt to convince the jury that the defendant is legally responsible for the plaintiff's injuries and damages. It is at this point that the plaintiff may call witnesses and experts to testify, in order to strengthen his or her case. The plaintiff may also introduce physical evidence, such as photographs, documents, and medical reports. Especially in more complicated personal injury lawsuits such as medical malpractice and defective product claims, a plaintiff's utilization of expert testimony and documentary evidence will be crucial in proving the defendant's legal responsibility for the plaintiff's damages.

Whether a witness is called by the plaintiff or the defendant, the witness testimony process usually adheres to the following formula
The witness is called to the stand and is "sworn in," taking an oath to tell the truth.
The party who called the witness to the stand questions the witness through "direct" examination, eliciting information through question-and-answer, to strengthen the party's position in the dispute.
After direct examination, the opposing party has an opportunity to question the witness through "cross-examination" -- attempting to poke holes in the witness's story, attack their credibility, or otherwise discredit the witness and his or her testimony.
After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.
After the plaintiff concludes its case-in-chief and "rests," the defendant can present its own evidence in the same proactive manner, seeking to show that it is not liable for the plaintiff's claimed harm. The defense may call its own witnesses to the stand, and can present any of its own independent evidence in an effort to refute or downplay the key elements of the plaintiff's legal allegations. Once the defense has rested, the plaintiff has an opportunity to respond to the defense's arguments through a process known as "rebuttal," a brief period during which the plaintiff may only contradict the defense's evidence (rather than present new arguments). Sometimes, the defense may in turn have a chance to respond to the prosecution's rebuttal.

Once the plaintiff and defendant each have had an opportunity to present their case and to challenge the evidence presented by the other, both sides "rest," meaning that no more evidence will be presented to the jury before closing arguments are made.

Closing Arguments

Similar to the opening statement, the closing argument offers the plaintiff and the defendant in a personal injury dispute a chance to "sum up" the case, recapping the evidence in a light favorable to their respective positions. This is the final chance for the parties to address the jury prior to deliberations, so in closing arguments the plaintiff seeks to show why the evidence requires the jury to find the defendant legally responsible for the plaintiff's injuries. In turn, the defendant tries to show that the plaintiff has fallen short of establishing the defendant's liability for any civil judgment in the plaintiff's favor.

Jury Instruction

After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is jury instruction -- a process in which the judge gives the jury the set of legal standards it will need to decide whether the defendant should be held accountable for the plaintiff's alleged harm.

The judge decides what legal standards should apply to the defendant's case, based on the personal injury claims at issue and the evidence presented during the trial. Often, this process takes place with input and argument from both the plaintiff and the defendant. The judge then instructs the jury on those relevant legal principles decided upon, including findings the jury will need to make in order to arrive at certain conclusions. The judge also describes key concepts, such as the "preponderance of the evidence" legal standard; defines any specific injury claims or "torts" the jury may consider (i.e. fraud and infliction of emotional distress); and discusses different types of damages (i.e. compensatory and punitive) -- all based on the evidence presented at trial.

The case then goes "to the jury."

Jury Deliberation and Verdict


After receiving instruction from the judge, the jurors as a group consider the case through a process called "deliberation," attempting to agree on whether the defendant should be held liable for the plaintiff's claimed injuries, and if so, the appropriate compensation for those injuries. Deliberation is the first opportunity for the jury to discuss the case -- a methodical process that can last from a few hours to several weeks. Once the jury reaches a decision, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

Most states require that a 12-person jury in a personal injury case be unanimous in finding for the plaintiff or the defendant, though some states allow for verdicts based on a majority as low as 9 to 3. If the jury fails to reach a unanimous (or sufficient majority) verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start over again from the jury selection stage.

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

If you are in need of a Attorney please click here: http://www.BurtBurnett.com

After Judgment: Collecting Your Money

Even when you "win" an accident or injury case in court, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment. Here are ten things to keep in mind:

1. Individuals and businesses that are financially stable usually pay judgments that are entered against them. They do so because they want to avoid unpleasant "collection" activities and additional expense.

2. If an individual or business debtor is insolvent, however, or stubbornly refuses to pay a judgment, it can be quite difficult to collect a judgment.

3. In most states, you can conduct post-judgment discovery (depositions, interrogatories, requests for production of documents, etc.) to uncover a debtor's sources of income and assets.

4. If the person you hold a judgment against is an individual, you can garnish his or her wages to collect your judgment. Many states limit the amount you can garnish from a debtor's wages to 25 percent of the debtor's paycheck.

5. You can also garnish the bank account of an individual or business debtor.

6. If you hold a judgment against a company, you may be able to get the sheriff to seize the money in the company's cash register. Businesses may also have machinery, equipment, or other assets that you may be able to seize.

7. The time period for collecting judgments in many states is ten years, but after that time you can usually renew the judgment for another ten years. So even if the person that you have a judgment against does not have any income or assets today, he or she may have income or assets in the future.

8. If the person that you have a judgment against files a Chapter 7 bankruptcy, your ability to collect your judgment is cut-off, like most other creditors.


9. In most states, you will need to retain an attorney to assist you with your collection efforts. You can usually hire a collection attorney on an hourly basis, or pay the attorney a percentage of the amount collected.

10. To collect a judgment against a debtor (or the debtor's property) located in another state, you will need to record your judgment as a foreign judgment in that state


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Appealing a Court Decision

Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding accident and injury cases. Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law. If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited. The number of parties filing appeals has risen substantially in the last few decades, causing the state and federal court systems to implement changes in an effort to keep up.

Trials vs. Appeals

A trial and an appeal have a few similarities, but also many important differences. At trial, the parties present their cases, calling witnesses for testimony and presenting other pieces of evidence, such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs this evidence and determines the facts of the case, that is, what they believe actually happened. A jury is therefore sometimes referred to as the finder of fact. The judge controls the activities in the courtroom and makes all the legal decisions, such as ruling on motions and on objections raised by the attorneys. The judge is often called the finder of law. If the parties have chosen a bench trial, rather than a jury trial, the judge will make both findings of fact and findings of law.

An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.

Another difference between a trial and an appeal is the number of judges involved. A single judge presides over a trial. An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges. In rare instances, the full court may decide to grant a motion for rehearing "en banc," in which event all the judges on the appeals court hear the case together and issue a new decision. Supreme courts, at the state and federal level, have from five to nine judges, referred to as justices.

Appellate Briefs

The main form of persuasion on appeal is the written appellate brief, filed by counsel for each party. With this brief, the party that lost in the trial court will argue that the trial judge incorrectly applied the law. The party that won below will argue that the trial court's decision was correct. Both parties will support their positions with reference to applicable case law and statutes. An appeal is a more scholarly proceeding than a trial. Whereas the litigator must be an active strategist in the courtroom, calling witnesses, cross-examining, and making motions or objections, the appellate lawyer builds his or her case in the brief, before the appeal is heard. Appeals often include a short period for oral argument, but the judges often consume this period with questions for the attorney, prompted by the briefs.

The "Record" on Appeal

Appeals court decisions turn on the record, which documents what happened in the trial court. The record contains the pleadings (plaintiff's complaint and defendant's answer), pre-trial motions, a transcript of what occurred during trial, the exhibits put into evidence, post-trial motions, and any discussion with the judge that did not take place "off the record." The success of an appeal therefore depends on what occurred at trial. If an attorney failed to get critical, available evidence into the record, or to object to something prejudicial, the opportunity to do so is lost.

After the Appeals Court Decision


The party that loses in a state or federal appeals court may appeal to the state supreme court, or the U.S. Supreme Court. (Most states call their highest court "supreme court," though Maryland and New York call theirs the Court of Appeals.) Review in these courts, however, is discretionary with the court. Because these courts receive many more requests for review than they can handle, they typically grant review only to cases involving unsettled questions of law. Also, the U.S. Supreme Court can only review cases that raise some federal or constitutional issue; cases that concern state law exclusively are beyond its jurisdiction. At this point, the parties have already had the case reviewed once, reducing their tendency to see the decisions as biased or contrary to law.


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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Do's and Dont's Of a Personal Injury

Dos And Don'ts Of Personal Injury
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If you or a loved one are involved in a personal injury case, following are some "do's and don'ts" to help you protect your right to a legal remedy for harm suffered.

THE DOs

DO seek medical attention before doing anything else.

DO summon the police, in appropriate cases.

DO cooperate with all law enforcement and emergency personnel who respond to the scene.

DO get the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.

DO get the name and address of the animal's owner and any license information if you were injured by an animal bite or attack.

DO write down the names, addresses, and phone numbers of all potential witnesses to an accident.

DO contact your health, homeowner's, and/or automobile insurance companies, as appropriate.

DO take photographs of all of the following, as applicable, as soon as possible after the accident:

The scene of the accident, from all angles.
The surrounding area.
The product or animal that caused your injuries.
Your injuries.
Any property damage.
DO contact your attorney. 1.800.501.2091 The Burnett Law Firm


THE DON'Ts

DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.

DON'T subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.

DON'T leave the scene of an accident until the police tell you it is okay to do so.

DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.

DON'T remain in a burning building while calling for help. Leave the area of danger first, and then immediately call from a safe place.

DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.

DON'T agree to settlement terms without contacting your attorney.

If you have been injured and you were not at fault please contact the Burnett Law Firm for a 100% Free Consolutation at 1.800.501.2091 or email us at Online@BurtBurnett.com

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Starting a Case: Initial Court Papers

The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your lawsuit. Please note that some states have different names for some of these documents.

Complaint/Petition

Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he or she wants the court to require the defendant to do, such as pay damages.

The purpose of the Complaint is to provide the defendant with notice of the factual and legal bases of the plaintiff's claims. Generally, the facts set forth in the Complaint are based on the plaintiff's own knowledge. Sometimes the plaintiff will use the phrase, "upon information and belief" before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described. Most states require that the Complaint set forth a short and plain statement of the plaintiff's claims, so don't be surprised if the facts are sketchy, or if they don't seem to tell the whole story.

Summons and Service of Process

The Summons is an order from the court where the lawsuit will be heard or "litigated." It notifies the recipient (the "defendant" in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even if they did not participate. Failing to respond to a lawsuit on time will cause a defendant to be "in default."

The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court's identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the "Notice." The Summons will be delivered or "served" on the defendant along with the Complaint, either when somebody actually confirms his or her identity and gives them the documents, or when they are mailed to the defendant. The legal term for this is "service of process." The Summons, properly served, gives the court power or "jurisdiction" over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.

Answer

The defendant's response to the Complaint is called an Answer, though some states use a different word for this document. The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff's damages. Some of these defenses may also be the basis of a motion to dismiss.

Counterclaim


If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled "Counterclaims." The Counterclaim will be written in a manner similar to the Complaint.

Reply to Counterclaim



If a defendant asserts a Counterclaim in the Answer, the plaintiff may respond by filing a "Reply." The Reply will "admit," "deny," or assert that the plaintiff lacks information, just as the original Answer did. The Reply also may assert defenses, just as the Answer did.

Cross-claim

Cross-claims arise when there are many parties to the lawsuit and two or more, who are "aligned" as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claim against Driver B, within the same lawsuit.

Answer to Cross-claim

The person being sued in a Cross-claim will file an Answer similar to the one filed after the original Complaint.
Third-party Complaint

Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a Third-party Complaint. Like the regular Complaint, it will set forth the relevant facts giving rise to the defendant's claim against the third party, and will set forth a request for relief.

Answer to Third-party Complaint

The person being sued through a Third-party Complaint must file an Answer, similar to the one filed after the original Complaint.

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The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Stages of a Case: Meeting with the Attorney

During your first meeting with an attorney after any accident or injury, your lawyer will first want to hear about what happened, and he or she may collect a variety of information from you. The length of the initial interview can vary depending on the circumstances that led to your injuries. In rather straightforward cases like car accidents, the first meeting probably won't take very long, especially if you come prepared. In more complex cases like medical malpractice or injuries from defective products, the initial interview will usually take longer.

As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He or she will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.

Here is an idea of what you can expect during your first meeting with an attorney:

The lawyer may ask you to sign a form authorizing the release of your medical information from health care providers, so that he or she can obtain your medical records on your behalf
The lawyer will want to know about all your insurance coverage.
The lawyer will ask if you have talked to any insurance adjustors and if so, what you have said and whether you provided a recorded or written statement about the accident or injury.
The lawyer will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.
If it isn't evident by looking at you, the lawyer may ask about the current status of your injuries -- whether you are in pain, what your prognosis is, etc.
The lawyer may advise you to see your doctor if you have any lingering physical problems or complaints. If you don't see your doctor and later decide to pursue a legal claim for your injuries, the defendant may argue that you aren't seriously hurt, on the theory that no doctor visit indicates no medical problems.
The lawyer may decide to consider your case, and to contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.
The lawyer may decline to take your case. He or she may do this for many reasons, such as his or her current caseload, capabilities or specialties, economic situation, or family responsibilities. You also may learn that in the lawyer's opinion, you do not have much of a case. While this is valuable information, and it is better to get such an opinion early, you should by all means seek a second opinion from another attorney.
The lawyer may refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons, or when he or she thinks that the other lawyer can do a better job under the circumstances.
The lawyer may ask you to sign a retainer contract or other form of agreement for representation. Read the contract carefully and ask questions before you sign it. You should be able to take the contract home to study it before signing.
The lawyer will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.
The lawyer will tell you not to talk about the case with others, and that you should refer questions back to him or her. This is very important advice. Just as loose lips sink ships, stray comments can ruin your case in the courtroom.
The lawyer will probably give you an idea of how he or she intends to keep you informed of progress in your case. There is no unified approach to this. Some lawyers provide periodic report letters; others call you on a periodic basis or when something happens; still others will ask you to call when you have questions.
For more on hiring a Personal Injury Lawyer, go to www.BurtBurnett.com or call toll free 800-501-2091 to reach someone direct.

The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Physical Impairment and Permanent Injury Cases

The law defines future physical impairment as a separate element of damages above and beyond pain and suffering. It refers to things like the loss of the ability to enjoy recreational sports or to perform routine household chores, and can also include loss of enjoyment of life.

The injuries which cause permanent physical impairment often require significant medical treatment and can have serious, long-term effects on the victim's life. Some catastrophic injuries can render the victim permanently disabled, in significant pain, and even shorten the lifespan of the victim.

The plaintiff’s burden of proof in physical impairment cases is to prove that a significant physical limitation exists as a result of the injuries sustained, so significant, in fact, that the impairment produces a separate and distinct substantial loss.

When someone suffers from a permanent or catastrophic injury, it is most likely the result of a vehicle accident. Car accidents, truck accidents and motorcycle accidents are among the leading causes of wrongful death or catastrophic personal injury in Texas.

If you or a member of your family is involved in an accident resulting in long-term, permanent or catastrophic injury, The Law Firm of Burt Burnett can answer your questions and advise you on how to protect your rights and receive the settlement you are entitled to. Whether you're in Dallas, Ft. Worth, Plano, Allen, Eagle Pass, Abilene or anywhere else in the state of Texas and need a permanent injury attorney, we're here to help.
Call 800-501-2091, click on the headline for a free online evaluation, or email us directly at Online@BurtBurnett.com

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http://www.BurtBurnett.com
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

9 Things You Need to Know if You are in an Accident

If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know, Part 1 (1-3)

1. You need to go the doctor as soon as possible if you haven't already gone. Don't delay. A doctor's visit is not just for medical reasons. The longer the time between the accident date and the date you first go to the doctor, the more the insurance company will try to penalize you.

2. You need to go to the right doctor. Not all doctors have practices that will provide the specific kind of care that accident patients need. For example, you will usually not receive the necessary attention and treatment from a family doctor or primary care physician that you will from a doctor who specializes in treating people who have been injured in an accident.

3. You need to go to all of the doctor and physical therapy appointments that are prescribed for you. People sometimes fail to complete the treatment program prescribed by their doctor. This is a mistake, both for medical reasons and in terms of the insurance claim. You may not heal as quickly or even at all, and you'll likely receive less from the settlement.



The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

9 Things You Need to know if you are Hurt in an Accident (Part 2)

If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know part 2 4-6:


4. Contrary to the way that he or she may act, the insurance company adjuster is not your friend. He or she has one ultimate goal: to convince you to settle your case for as little as possible, and often for much less than it's worth. Don't be fooled.

5. You may be entitled to a number of different types of monetary damages under Texas law. If you don't know how each one may apply to your case, find someone to help you who does know. The seven most common types of damages are:

-Medical expenses
-Loss of earnings
-Pain and suffering
-Loss of consortium
-Permanent impairment
-Disfigurement
-Damage to your vehicle
6. You have to be extremely careful what you say to the insurance company - for example, how you describe the accident or your injuries. They will try to use everything you say against you. Even an offhand remark or side comment can potentially lead to a dramatic decrease in the settlement offered to you on a claim.

The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

9 Things You Need to Know if your Hurt in an Accident (Part Three 7-9)

If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know starting with #9:

7. The insurance company will usually treat you more fairly with regard to the damage to your car than they will for your injury claim. (And there's a good chance they won't treat you fairly on the damage to your car.)

8. The insurance company adjusters are full of tricks. They will try to trick you into thinking they're helping you. They may try to trick you into settling your case before your medical treatment is finished. They may even trick you into thinking you don't need a lawyer. Unfortunately, they could eventually trick you into settling your case without getting what you justly deserve.

9. When it comes to handling accident and injury cases, not all personal injury lawyers are the same:

-Not all have experience in handling accident and injury cases
-Not all are skilled in the art of negotiating
-Not all are personally involved in their clients' cases
-There is only 1% of Personal Injury Attorneys that are Trial Texas Board Certified Specialist. So why call an experenced lawyer, when you can have a Specialist represent your case. 800-501-2091

If we can help you in any way, or answer any questions you may have, please don't hesitate to call us. Whether you need an auto accident lawyer, a slip and fall accident attorney, or you've been in some other type of accident, I can evaluate your case, explain your rights and options, and help you obtain fair compensation. Whether you're in Dallas, Fort Worth, Plano, Allen, McKinney, or anywhere else in Texas, and need a personal injury attorney, we're here to help.



The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

Automobile Liability Ins

In the past two sections, I discussed how your car accident claim is handled prior to any lawsuit being filed. In this final section, I will discuss how your case is handled when a lawsuit is filed. Once you and your lawyer decide that a lawsuit is necessary, your lawyer will explain to you that the lawsuit must be filed against the other driver personally and not against the insurance company. In Texas, a plaintiff is not permitted to file a “direct action” against the liability insurance company even though the entire claim has been handled completely and exclusively by the insurance company. The theory is that your claim is really against the person who caused the accident and not against that person’s insurance company. This is just the beginning of the bad news.

Once your case gets to trial, you are not allowed to mention any of your dealings with the insurance company. The law deems these matters irrelevant to how the accident occurred and whether you were injured. In fact, if you even mention that the other driver is covered by liability insurance, the court may declare a mistrial. The theory is that a jury is more likely to find against the defendant merely because the defendant is covered by insurance. The reality, however, is much different. As far as the jury is concerned, you have hauled a fellow motorist into court over a car accident. Because the jury never hears anything about the other driver having insurance, the jury may assume that the defendant was not covered by insurance. Likewise, the jury has sympathy for the defendant and that sympathy may be reflected in the verdict. The jurors never even hear that the defendant’s lawyer is hired, and paid for, by the insurance company. However, the jurors may be permitted to hear about any previous relationship between you, your lawyer, and your doctors. To add insult to injury, the insurance adjuster may even be sitting in the court gallery watching your trial knowing that the insurance company’s handling of your claim will never come to light.

What’s the answer? Very simple: Permit direct actions against liability insurance companies in Texas. A direct action would permit the injured plaintiff to sue the insurance company directly. Some states have already recognized direct actions such as Georgia, Iowa, Kansas, Louisiana, Nebraska, and Wisconsin.

This leads me to the myth about automobile liability insurance. In Texas, you are required to carry automobile liability insurance presumably to provide protection to those damaged or injured in a car accident. Likewise, it would seem logical that the insurance companies answer to the very people the law was designed to protect. However, the reality is that the insurance industry enjoys huge profits from selling insurance policies that Texas motorists are required to purchase, while also enjoying virtual anonymity and immunity from its handling of the claims. It’s time for the law in Texas to change.
If you have any questions please call us at 800-501-2091

Automobile Liability Ins

In Part I, we discussed the role an automobile liability insurance company plays during the investigative stage of your claim. Now, we will discuss the settlement stage of your claim. Remember, in Part I, we established that the insurance company only has a duty to protect their driver. If the adjuster believes that the other driver has some legal exposure to your claim, then the adjuster may determine that the best way to protect their driver is to settle your claim with you. This would include paying for the damages to your car, providing a rental car, and attempting to settle any claim for personal injuries you may have. However, don’t be mistaken. Just because the insurance company appears to be accepting liability, they never truly “accept” liability. The insurance company may privately decide that the best way to handle your claim is to settle it, but it will not legally accept liability for the claim.

Once the insurance adjuster receives all the pertinent information, the adjuster may evalaute your claim and attempt to negotiate a settlement. The adjuster may consider many factors, including comparative fault in the accident, the severity of the accident, the severity of the injuries, the extent and cost of the medical treatment, the ability to work, as well as any future medical care that may be needed. An adjuster may believe that the accident wasn’t serious enough to justify the amount of medical treatment you received. The adjuster therefore, may refuse to consider some of your medical expenses in the evaluation. The adjuster may also believe that the accident was partially your fault or that you are exaggerating your injuries. This is why you need an experienced lawyer on your side. Call The Burnett Law Firm that is Board Certified in these types of cases. 800.501.2091

The moral of the story is simple: Just because the other driver’s insurance company chooses to evaluate your case for settlement, does not mean that the company has any legal duty to treat you failry. As I stated earlier, the other driver’s insurance company has no legal duty to you. It’s only duty is to protect the liable driver from your claim. In this respect, the insurance company is free to settle your claim or it may choose to nothing at all. If you are unhappy with how your claim is being handled, your only option would be to file a lawsuit. That will be discussed in Part III.

Automobile Libility Insurance cont

In the next three parts, I intend to illuminate the myths about how automobile liability insurance (or any other type of liability insurance for that matter) really operates in connection with a car accident claim. The first part will discuss the initial investigative stages of the claims process. The second part will cover the role a liability insurance company plays in the settlement process. The third part will discuss liability insurance in the trial process. I will use a simple car accident as the factual background.

You are stopped at a red light. Then suddenly, and without warning, you are struck from behind by another vehicle. You have just been rear-ended by a driver who was not paying attention. You exchange the neccesary information with the other driver, including the driver’s personal information, vehicle description and insurance information. The next day you report the accident to the other driver’s insurance company. A series of events are now set in motion and you must understand where you stand in the process.

The Investigation Stage.

Once the claim is reported to the other driver’s insurance company, you can expect a call from an adjuster within a day or so. The adjuster will probably tell you that, in order to process the claim, they “must” obtain a “recorded statement” or “recorded interview.” Some adjusters may also request a written statement. What is this for? For two reasons. The first reason is to investigate the claim, which is fair enough. However, the second reason is for the insurance company to have a recording that can potentially be used against you in the future. You might be asking: ”Why would the insurance company want to do this?” “I thought the insurance company is supposed to help me.” This is the first of the many mistaken beliefs people have about the role of the other driver’s liability insurance. The other driver’s insurance company has no legal duty to you at all. It has no duty to treat you fairly in the investigation or evaluation of your claim. Rather, its sole duty is to protect and defend the other driver from your legal claim. The insurance company has complete discretion to choose to settle your claim, to totally ignore your claim, or it can choose to do something in between. The moral of the story is simple: Contact a Lawyer as soon as possible. Additionally, NEVER give a written or recorded statment without consulting a lawyer. The Burnett Law Firm will help you through the investigative stage of your case while preserving the intergrity of your claim in the event a settlement cannot be reached.

Car Accident Lawsuits

Litigation After Car Accidents
Not every car accident will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' car insurance companies. The greater the damage or injury that results from a car accident, the more likely it is that a lawsuit will follow.

Causes of Car Accidents
There are a wide variety of possible causes for automobile accidents, including:

Driver Error - The most common cause of car accidents is driver error. Common errors which contribute to accidents include failure to yield the right of way, following too closely, driving at excessive speeds, unsafe passing, and disregard of traffic control devices.

Distractions - When the driver's attention becomes diverted from the road, the chances of an accident increase. Distractions may occur from outside of the car, such as when something at the side of the road draws a driver's attention. Distractions also occur inside cars, such as where the driver attempts to read or put on makeup while driving, change CD's in the CD player, dials a cellular phone, or attempts to parent an upset or unruly child.

Intoxication - Motorists whose ability to drive is impaired as a result of the consumption of alcohol or drugs are more likely to cause car accidents.

Bad Weather - Sometimes, bad weather conditions will contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive a car. A driver should take the effects of the weather, such as strong cross-winds or slippery roads, into consideration when driving. Sometimes the weather will cause an unexpected hazard, such as black ice or flash flooding, which may not be detected by a driver until it is too late to avoid the hazard.

Road Design - A poorly designed roadway, intersection, or means of controlling traffic can at times cause or contribute to an accident. Poorly placed and poorly designed road signs or barriers can cause unnecessary injury when vehicles collide with them. At times, such defects will result in liability by the governmental agency responsible for the design and maintenance of the roadway, although governmental immunity may apply.

Road Conditions - The conditions of a roadway can be bad for a number of reasons, including weather, poor design or maintenance, or the presence of objects or debris on the roadway. Such factors can cause or contribute to accidents.

Vehicle Defects - At times an accident will result from a defect with a driver's vehicle, such as a tire blowout, brake failure, or other mechanical failure. Sometimes the injuries suffered in an accident will be made worse by a design or manufacturing defect with a vehicle, such as a design defect which makes an SUV more susceptible to rolling over in an accident or a gas tank more likely to ignite in a collision, or a manufacturing defect which causes a seatbelt to fail or an airbag to deploy improperly.

Most automobile accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence. At times, litigation will be against a governmental agency which is alleged to have failed to properly design or maintain a roadway or intersection. Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident. A claim might also arise against a mechanic or service center whose work left a vehicle in a hazardous condition.

If you are hurt and would like to know if you have a case please call 800.501.2091 or visit http://www.BurtBurnett.com to fill out about 10 questions. We are here to help.


The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

New Bus Safety Rules are Very much Needed!

Posted on April 26, 2010 by Medifast Coupons
NEW BUS SAFETY RULES NEEDED
The National Transportation Safety Board, the federal agency charged with investigating major transportation accidents, voted unanimously on April 21, 2009, to cite the National Highway Traffic Safety Administration ("NHTSA") for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been attempting to get the NHTSA to enact their suggestions since 1999.

A string of deadly bus crashes has led to more urget calls for action. It is absolutely ridiculous that the NHTSA has failed for ten years to enact rules that would save lives. Among the most recent fatal crashes:

January 6, 2008: A commercial bus with a driver and 52 passengers departed Telluride, CO, and ran off the highway near Mexican Hat, UT. The bus rolled once and 51 of the occupants were ejected. Nine passengers died and dozens were injured. The bus was being driven by a 71 year-old driver and was traveling approximately 90 m.p.h. The top was sheered off the bus, ejecting everyone except the driver who was wearing the only seatbelt on the bus, and a single passenger whose leg got stuck.

Thereafter, Mr. Burnett began focusing on personal injury trial law in west Texas. Eventually Mr. Burnett began handling cases throughout the State of Texas as other attorneys began referring their cases to him for preparation and trial. After successfully trying numerous personal injury and wrongful death cases, Mr. Burnett obtained his board certification by the Texas Board of Legal Specialization in Personal Injury Trial Law (2003). As testament to his success, Mr. Burnett is a member of the Multi Million Dollar Advocate Forum, a membership limited to attorneys who have recovered at least $2 million for a single client.

As the founding member of The Burnett Law Firm, Mr. Burnett has successfully represented thousands of individuals and families in their personal injury and wrongful death cases. The Burnett Firm currently represents over 500 individuals, yet Mr. Burnett dedicates himself, his firm and his resources to each client's case as if it were his own family member and would be happy to discuss your potential case with you at your convenience.

Visit our web site or contact us toll free at: 800-501-2091



The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.

18 Wheeler Truck Accident

On Wednesday, May 19, an 18 wheeler accident near Winton, CA claimed the life of one driver. The incident happened, according to news reports, on Shaffer Road as the victim was attempting to pass the 18 wheeler. Allegedly, the two vehicles clipped each other, causing the victim’s vehicle to crash into a nearby irrigation canal. He suffered severe injuries and was taken to Memorial Medical Center for treatment, but he was pronounced dead shortly after he arrived. His name was not released. Police are still investigating the crash.
Every day the dangers of the road and the unknown factors that can occur are upon us all. We never know what can happen at any given moment. Knowing there are many attorneys out in the field that may advertise to help, make sure you do your homework. These are 3 items you want to look for when searching for an attorney for your case.

1. In Personal Injury cases there are regular lawyers and Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization of the State Bar of Texas. Look at it like this, if you were going to have heart surgery that would you chose to do the operation? Your choices would be a ER Surgeon or a Heart Specialist?
2. Find someone that is giving you one on one attention and An Attorney who assigns a Client Coordinator to assist him and you in your case. There will be times you will have to state your case many different times to many different people in the office and that is a sign that this Lawyer may be to busy for you, more less you case.
3. Asking questions to the Attorney or Client Coordinator on the case: A. How often do you settle cases? B. When is the last time you went to court on a case? C. What is the most you have awarded to one client? You want to make sure that the attorney is experienced, and out for your best interest rewarding you to the very end what you deserve for any kind of losses.

For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

Fire at refinery injures two

A fire at LyondellBasell's oil refinery on the Houston ship channel broke out yesterday afternoon. The blaze, which started in a crude distillation unit, sent huge plumes of black smoke into the air. The fire burned for more than an hour

Two firefighters were injured while fighting the fire, suffering heat exhaustion.

The refinery is the country's 16th largest, and refines 268,000 barrels of oil per day. An incident in July 2008 at the facility involving a crane killed four workers.

Investigators are still trying to determine the cause of the fire and continue to assess the extent of damage to the refinery.

For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

Record Setting Settlement in a Taser death Case

The City of Fort Worth has offered the family of a man killed by police a record-setting settlement of $2 million. The victim was killed by a Taser during a confrontation with police last year.

Assistant City Attorney Gerald Pruitt says that this is the largest settlement Fort Worth has ever offered in any case involving death or injury.

The victim, Michael Patrick Jacobs, Jr., died after he was shocked with a Taser for a total of 54 seconds. Mr. Jacobs had a history of mental illness, and the police became involved after his family called for help because he was off of his medication and behaving aggressively. Mr. Jacobs was shocked twice, first for 49 seconds and then for an additional 5 seconds. The Tarrant County medical examiner's office declared that the victim's death was a homicide, but a grand jury declined to indict the officers who were involved in the killing.

For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

HURT in an Auto/Car/Truck Accident

WHAT IF I WAS IN AN AUTO/CAR ACCIDENT ?

Unfortunately, studies show that most of us will be in an auto accident at some point in our lives. The only question remaining, is how bad will it be?
The following are important things to remember if you are involved in an auto accident:

1. Seek treatment as soon as possible.
If there is a chance you may be seriously hurt, you should go to the Emergency room at your local hospital. There they can rule out fractures and life threatening injuries.

2. If you are still experiencing pain and discomfort a few days to a couple weeks later, than you should come to our office to find out if you have any structural damage.
NOTE: The longer you wait after an accident to come to our office, typically the longer it takes to get you better.

3. Most auto insurance companies have what is called Med Pay. This means that your bills will be paid up to 100% up to a certain limit. Our office can check that for you.

4. If the accident was not your fault. The other party's auto insurance should cover your health care expenses in our office. We do all of the paperwork for you.

5. At the accident scene, get as much information on the other driver or drivers as possible. An accident report by Police is always helpful, but not required to have a case.

6. You should never settle with an insurance company before you have had us evaluate your injury for you. If you settle before your injury is fully resolved, you will be completely on your own and will have to pay out of pocket for your care.

7. Dealing with insurance companies can be difficult after an auto accident. When looking for a lawyer, make sure you are dealing with a State Board Certified Personal Injury Specialist*. Hiring a reputable Attorney essentially takes you out of the direct bargaining process with the insurance company and all the paperwork and phone calls associated with that and lets you concentrate on healing.

8. Injuries sustained after a car-accident if left untreated can lead to spinal degeneration and a host of other problems for years to come.

FINAL NOTE: We find that many people involved in an auto accident that WAS THEIR FAULT never get treatment.
This tends to be due to the fear that their insurance will go up after a claim is filed.
Your PIP (Personal Injury Protection) is why you have auto insurance in the first place.
Many insurance companies will not raise your rates after 1 or even 2 accidents in the same year.
THE INJURIES SUSTAINED IN AN AUTOMOBILE ACCIDENT CAN CAUSE A HOST OF PROBLEMS FOR YEARS TO COME, OR EVEN THE REST OF YOUR LIFE.
YOU OWE IT TO YOURSELF TO COME IN AND GET CHECKED.


For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

Death on the Job in Dallas

Three DFW Metroplex on-the-job fatalities

Recent DFW Metroplex news includes stories of three recent on-the-job fatalities:
A 30 year old man working as a subcontractor for Tarrant County was electrocuted Tuesday. The man was working to repair light fixtures in the mechanical room on the top of the Plaza Garage, located at the intersection of West Weatherford and Burnett streets. Fort Worth paramedics and MedStar attempted to save the worker, but their attempts at resuscitation were unsuccessful. The man was pronounced dead at the scene. Authorities are investigating this on-the-job death.

A lawn maintenance worker was killed Tuesday morning in Grand Prairie after he was struck by a passing motorist. The man, Fransisco Lara, 35, was taken by helicopter to Parkland Memorial Hospital, where he was pronounced dead. Mr. Lara was struck by a car while he was using a leaf blower to clear debris from the street. The driver was not injured. Authorities are investigating this accident.

The body of Roderick Terrell, a Dallas sanitation worker, was found Tuesday at the McCommas Bluff Landfill in Dallas. Mr. Terrell was on the job at the landfill when he was last seen. Coworkers found Mr. Terrell's truck, still running, and began searching for him shortly thereafter. His body was found the next day. Authorities are investigating the cause of Mr. Terrell's death.

The Burt Burnett Law firm would like to send out their condolences for the tragedies of these three families. Unfortunately the insurance companies are not always in the favor of the victim and only compensate to the families of the loved one minimal damage. Don’t sign even if you believe that the amount is fair. Get Cash before your case settles. Call The Burt Burnett Law frim at 800.501.2090 or visit us at www.burtburnett.com

Truck Accident

Find a Texas truck accident attorney or lawyer. If you have been injured in a truck accident in the state of Texas, then you should contact a Texas truck accident lawyer or attorney. In the state of Texas, a truck accident usually refers to an accident involving an 18-wheeler, semi truck or tractor trailer. Big rig trucks hauling heavy loads are subject to regulations and there are laws requiring them to be insured. You want to hire an expert attorney or lawyer that specializes in truck accident law in the state of Texas and who knows all the laws and regulations regarding these large trucks. Texas, TX cities include Houston, Beaumont, Galveston, Pasadena, Dallas, Fort Worth, Arlington, Tyler, Wichita Falls, Austin, San Antonio, San Marcos, Seguin, El Paso, Midland, Odessa, Del Rio, Corpus Christi, Laredo, McAllen, Brownsville, Victoria, Lubbock, Amarillo, Abilene and Plainview.

For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

What Does Personal Injury Cover?

Personal injury lawsuits cover a wide spectrum of injuries and accidents, including car accidents, toxic exposure and poisoning, defective products and other legal issues. In this section, you will find information on these areas as well as many of the other most common personal injury claims. If you have recently been injured due to another party's negligence, this information will be very useful to you.

Personal injury laws are affected by a variety of complex federal and state laws. These laws are designed to protect the individual from the negligence or deliberate harm of others and to provide recourse in the event of injury. Because these laws vary from state to state, they can be very difficult to interpret, particularly during a traumatic situation. A personal injury attorney can help you determine your legal rights, give you examples of personal injury settlements and give you an idea of your chances of receiving compensation for your losses.

Some of the civil wrongdoings that can result in personal injury, such as assault and battery, are also considered criminal acts. In these cases, a separate criminal proceeding may take place to address the criminal charges. A personal injury lawyer can help you file a claim for compensation regardless of whether the defendant in the criminal proceeding is found guilty. If you or someone you know has been injured due to the negligence or deliberate malice of others you should contact a personal injury attorney immediately to determine your legal rights.

For more info visit www.BurtBurnett.com or give us a call at 800.501.2091

Personal Injury Case

Personal Injury and Civil Litigation Attorneys Burt Burnett founded The Burnett Law Firm in Abilene, Texas. In the years since, we have grown to include offices in Dallas, and Eagle Pass, Texas. We’ve represent more than 6000 clients, and currently represent over 450 individuals each year. Despite our many offices and large client base, we are small enough to provide the personal attention you need after a serious accident or the death of a loved one. We are aggressive and committed attorneys, providing you the best legal support in difficult times.


If you have been injured in an accident caused by negligence or misconduct, contact us to learn if you have a case. We provide a free case evaluation service and initial consultation. If your injuries prevent you from visiting one of our offices, we will travel anywhere in Texas to discuss your situation. Our civil litigation law firm focuses on personal injury.
Our cases include matters such as:
• Car Crashes
• Truck (Big Rig, 18 Wheeler) Accidents
• DWI Accidents
• Construction Site Accidents
• Wrongful Death Cases

We also represent the families of those killed because of negligence or misconduct. Whatever the issues, our civil litigation lawyers prepare cases as if they will proceed to trial. To find out whether you have a case, contact one of our three Texas offices. It takes just one call.


Do you have a case? Visit this link to get more informaton.

http://burtburnett.com/personal-injury.html