Houston Personal Injury Attorney Brent Cordell handles cases involving automobile accidents, premises liability, insurance bad faith, work related injuries, medical malpractice, dog bites, business torts, commercial vehicle accidents, product liability and more. Throughout his career, Mr. Cordell has helped thousands of injured people get the just compensation they deserve. If you need a Personal Injury Lawyer in Houston Texas contact Brent Cordell at www.cordell-law.com for a free consultation.
Over 14 percent of drivers on the road today do not carry legally required liability insurance. Even drivers who do carry insurance sometimes only carry minimum limits, which may not be enough to cover all of the damages in an accident for which they're responsible. If the at-fault driver can't afford to pay out of pocket for the damages that insurance doesn't cover, you'll be left paying for them — unless you have Underinsured Motorist insurance, which covers situations in which the at-fault driver is underinsured.
Art. 5.06-1 of the Texas Insurance Code mandates that all automobile insurance companies doing business in Texas offer UM/UIM coverage as a part of the standard Texas Personal Automobile Insurance Policy, with the purpose being to protect those so insured against the negligent acts of “financially irresponsible” motorists.
Texas State laws surrounding uninsured or underinsured motorist insurance coverage are somewhat complicated in Texas; if you find yourself unable to recover financial compensation after a Houston, TX car accident an experienced personal injury lawyer can help guide you through the process and get you the best possible outcome. For more information about how to proceed in these cases and to recover money from your Texas uninsured or underinsured motorist insurance coverage contact us at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
Defective products cause more than 29.5 million injuries and around
22,000 deaths in the United States each year, according to the U.S.
Consumer Product Safety Commission (CPSC).
Any manufactured product can be defective, however all
accidents associated with the product are not necessarily grounds for
personal injury lawsuits.
Products are evaluated by the following agencies:
The CPSC is responsible for approximately 15,000 types of consumer products, from baby strollers to coffee makers.
Department of Transportation handles automobiles and related products.
The FDA covers food, cosmetics, and drugs.
The Department of the Treasury monitors tobacco, alcohol, and firearms
If a product is found to be unreasonably dangerous, the
appropriate agency works with the manufacturer to institute either a
voluntary or mandatory recall.
Examples of Defective Products:
Design defects, ranging from defective harness
systems on child car seats to hair dryers that dangerously overheat,
cause million of injuries annually. These occur in the initial planning
phase, before the product is created. Manufacturers often discover these
defects after products have been distributed for sale and have to
launch a recall. The problem with recalls, however, is that they often
occur too late or product owners may not know of the recall.
Defective Manufacturing results from mistakes or
problems that take place during production, and may affect only a few
items out of many properly working products. Like products with design
defects, products with manufacturing def ects are frequently recalled,
albeit too late, in many cases.
Inadequate Testing is a common issue in safety
testing. Many corporations test crashworthiness, safety belt
effectiveness and other elements at only 40 miles per hour and only in
front-end crashes, rendering these tests inconclusive. Other examples
include silicone breast implants (long-term effects were not yet known
at the time of FDA-approval), faulty electrical wiring, or inefficient
child restraint systems.
Marketing Misrepresentation can include everything from confusing instructions to incomplete warning labels, such as those on prescription drugs.
For more information on defective product liability visit our website at www.harmful-products.com
If you have any questions as to whether a defective product is indeed to blame for your injury, Brent M. Cordell specializes in product liability and can help you review the facts of your case, complete the necessary paperwork, understand relevant laws, and ultimately, receive the damages you deserve. Contact us at www.cordell-law.com or call (713) 248-5265 for a free consultation.
An estimated 50,000 people are injured and 3,000 killed in
motorcycle accidents every year in the United States. Because
motorcycles are smaller and less protected than automobiles, they are
more vulnerable to accidents.
Due to the increased susceptibility of motorcycles and the
negligence of drivers on the road, motorcycle accidents often result in
devastating injuries.
Many factors contribute to the frequency of motorcycle accidents including:
Motor vehicle driver negligence – this is the number one cause of motorcycle accidents.
Vehicle blind spots – Motorcycles are smaller than most vehicles and are often overlooked by careless drivers
Limited visibility – About 70 percent of all
accidents occur at intersections because motorcycles aren't as visible
due to parked vehicles, buildings, etc.
Unsafe vehicle maneuvers – including speeding, improper turning, and more
Motorcycle defects – accidents often occur as a result of cycle part defects or fuel system leaks
Road hazards – uneven pavements, potholes, debris, and puddles can all result in motorcycle accidents
In the majority of motorcycle accident cases, the negligent
vehicle operator can be held liable for the damages suffered including
medical bills, property damage, lost income capacity, and pain and
suffering.
In some cases, highway officials may be found negligent if
roads aren't properly cared for or maintained. Be sure to note that
claims against the government are subject to specific guidelines.
Furthermore, if the motorcycle accident was caused by a
defective cycle or auto part, the motorcycle manufacturer or repairer
may be liable. It is important to bear in mind that all personal injury
claims are subject to statute of limitations laws, which limits the
time a victim of a motorcycle accident has to file a suit.
If you or a loved one has been seriously injured or killed in a
motorcycle accident, it is wise to seek the assistance of a qualified
personal injury attorney who will get you the compensation to which you
are entitled. Please contact
Brent M. Cordell today for a free consultation.
Studies have shown that patients that have been harmed in
medical procedures rarely sue for damages. According to a study by
Harvard, only one in every eight instances of medical negligence
actually has a claim brought against the medical professional or care
facility responsible.
While it is unfortunate that people are injured when receiving health
care, you should not expect to endure a life of pain and suffering
because of someone else’s oversight or negligence. If you are hurt or
made to suffer because of negligence you may be entitled to compensation
for your distress and anguish.
There are many types of malpractice cases that can be brought against physicians, hospitals, and medical personnel. The following are a few examples of common hospital errors that can result in a medical malpractice case:
Birth Injury: The birth of a child is supposed to be a
happy occasion but medical malpractice claims are often filed for the
birth injuries associated with medical negligence: cerebral palsy, Erb's
palsy, and brain damage.
Cerebral Palsy: Brain damage can occur due to a
failure to diagnose metabolic conditions, Rh incompatibility, oxygen
shortage, and other problems associated with labor.
Failure to Diagnose: A physician can be held
accountable if a patient is treated for a disease he or she doesn't have
and the treatment caused injury, or if the doctor fails to diagnose
serious problems such as cancer or appendicitis.
Breast Cancer A medical malpractice case can be
brought against physicians for failing to diagnose breast cancer in a
timely manner. The top three reasons doctors fail to diagnose breast
cancer are 1) they rely too heavily on a patient's age as a predictor,
2) they rely too heavily on negative mammogram results (even if the
patient feels a lump), or 3) they do not believe a patient when she
reports symptoms.
Lung Cancer Medical malpractice claims can be brought
against physicians for failing to diagnose lung cancer, especially
after chest x-rays or CT scan are performed.
Medication Errors: A medical malpractice case can be
brought against physicians or a hospital for medication errors when
handwritten prescriptions are illegible, when abbreviations are used on
the prescription, or when two drugs with similar spellings are confused.
It is estimated that medication errors occur at a rate of 30,000 to
180,000 per year.
Wrongful Death: Medical malpractice claims can be
brought against physicians when a patient dies as a result of medical
negligence or hospital errors. Wrongful death lawsuits are filed in an
attempt to defray medical costs for the family of the victim. In
addition, damages for lost wages, pain and suffering, and loss of
companionship may be awarded.
Nursing Home Abuse: A medical malpractice case can
be brought against people who are paid to provide care for elderly
people in nursing homes but instead inflict physical, psychological,
emotional or financial abuse, or are guilty of neglect.
Defective Drugs or Products: An individual suffering
injuries caused by a defective drug or product may be entitled to
damages from the hospital, doctor, manufacturer, or distributor. If the
victim was not warned about the dangers of the product or if the product
does not meet safety standards a medical malpractice case can be filed.
Once medical malpractice has been proven, it is necessary to
show that the damage has been caused as a result of negligence. This may
be difficult because the patient was already ill when the negligent
treatment started. Typically, the medical malpractice lawyer will
show the natural progression of the underlying condition and what the
outcome would have been if the patient received proper treatment to
establish what a difference the negligence made. The best thing to
do if you suspect that you or a loved one has suffered negligence at the
hands of a medical professional is to consult with a medical
malpractice lawyer right away.
Nobody plans for errors in their medical procedures, but the
reality is that they happen and you should not be left out in the cold
if they do. They can lead to health complications, loss of quality of
life, staggering medical bills, even long term care and you should not
have to bear this burden by yourself. Brent M. Cordell is a qualified
and experienced attorney and can help you receive the compensation you
deserve.
Business litigation involving tort
claims can arise in many contexts, ranging from counterclaims in
contract or employment litigation to shareholder rights disputes upon
the departure of a key equity partner, executive, or professional
employee. Tort claims can also figure significantly as an
original claim or counterclaim in litigation related to the purchase or
sale of a business or any other major event in the course of the
operation of your business.
Business torts are civil
wrongs that are committed by or against an organization,
frequently involving harm done to the organization’s intangible assets,
such as its business relationships with clients or its intellectual property.
Misrepresentation is also a common type of business fraud, transpiring when one party intentionally falsifies a
material fact in order to induce another party to perform or refrain
from performing in a certain manner. In order to prove
misrepresentation, the plaintiff must show that he or she relied on the
defendant’s misrepresentation and was harmed as a result. Other types
of business fraud include embezzling company assets, falsifying
financial statements, and forging work hours.
Our firm handles torts that can arise out of the course of business or corporate relationships such as the following:
Business fraud, misrepresentation or nondisclosure
Tortious interference with contractual relations
Breach of fiduciary duty
Violation of confidentiality or non-compete covenants
Inducing employees to breach duties of loyalty and non-compete obligations
Defamation Misappropriation of trade secrets, customer lists or proprietary information
For additional information about our ability to help resolve your problem, visit www.cordell-law.com or call
Brent M. Cordell at 1-844-8LEGAL8 (1-844-853-4258) for a free consultation. We will use our experience,
knowledge and resources to achieve the best possible results for you and
your company.
Brent Cordell practices exclusively in the area of
personal injury law. His number one focus is helping people with severe
injuries get the legal representation they desire. Throughout his
career, Mr. Cordell has helped thousands of injured people get the just
compensation they deserve.
“My job is to level the playing field so to speak. I want the
average man to have the same rights, privileges and legal representation
as the big insurance companies and corporations do.” “Our civil
justice system is designed to make the injured party whole again. How
can this be accomplished if you don’t have the same access to the
courthouse as the insurance companies do?”
Mr. Cordell handles all types of personal injury cases,
including automobile accidents, trucking accidents, medical malpractice,
products liability, premises liability, insurance bad faith and work
related accidents.
Brent Cordell is board certified in Personal Injury Law, an impressive feat that requires each lawyer:
Has been licensed to practice law for at least five years
Devoted a required percentage of practice to personal injury trial law for at least three years
Has handled a wide variety of personal injury trial law matters to demonstrate experience and involvement
Attended personal injury trial law continuing education seminars regularly to keep legal training up to date
Has been evaluated by fellow lawyers and judges
Passed a day-long written examination
The attorney must also have extensive knowledge of the law of
evidence, procedure, and other substantive law involved in the trial of
personal injury cases.
Brent Cordell received his Juris Doctorate degree from South
Texas College of Law in 1999. He graduated from law school as a member
of the Order of Barristers, a national honor society for
courtroom advocates. While at South Texas he received the following
honors: Dean's Outstanding Advocate Award; Finalist, American Bar
Association National Appellate Advocacy Competition, 1999; Champion,
National Moot Court Competition (Assoc. of the Bar of New York), 1999;
Champion, Texas Young Lawyers Association State Moot Court Competition,
1998. Prior to attending law school, he obtained his B.A. in Economics
from The University of Texas at Austin in 1995.
Many people who are injured in accidents can (and do) successfully represent themselves and manage to obtain a fair settlement without the help of a personal injury attorney; in some instances cases can be settled out of court to the satisfaction of both parties, especially if the damages are relatively minor. But in cases where the injuries or damages are more severe things can rapidly become far more complicated and unless you have specific legal training you are
likely unfamiliar with all the laws pertaining to personal injury
claims. The insurance companies on the other hand know every legal loophole, and their attorneys have years of experience in these cases.
When someone suffers an injury as the result of somebody else's
action or negligence it may be expected that the person or their insurance company will step up
and offer a fair settlement. Unfortunately, that rarely happens. In fact, people
often refuse to accept responsibility and the insurance companies themselves profit from under compensating injury victims. Insurance companies will typically do everything they can
to take advantage of you and to effect the lowest possible settlement, while
attempting to elicit statements from you that will damage your position if
you ultimately decide to go to the courts.
In many cases the skills of an experienced personal injury lawyer (and
the threat to an insurance company that such a lawyer may present) are well worth the money needed for that lawyer to represent you. You
may need a lawyer because of complex legal rules involved in your
particular claim, or if the severity of your injuries require
your compensation to vary greatly from the norm. Or the
insurance company may simply refuse to settle a matter in good faith. A personal injury attorney should have direct experience in cases like yours and can
tell you at the outset whether it is worthwhile to pursue legal
action. If you are unlikely to prevail, you don't need to incur the
time and expense of preparing for litigation.
An experienced personal injury attorney knows exactly how to build your case, negotiate it with an insurance company and, if necessary, has the knowledge and legal training required to handle
your case in trial.
They have access to investigators with experience in specialized
areas, and will study all aspects of your
case.
They can also be more objective about your case, avoiding rash decisions that could affect the ultimate settlement.
A personal injury lawyer has years of experience working with other attorneys and can deal more effectively and expediently with opposing counsel.
Attorneys are used to working with insurance companies and know their tactics: they will not be pressured to settle for an
unsatisfactory amount.
The majority of personal injury lawyers also work on a contingency fee basis, meaning that they take a percentage of the final settlement amount rather than a direct payment.
The contingency fee is only paid if your attorney wins the case but you
may be liable for court fees and other costs, especially if your case
goes to court. Nonetheless, studies have shown that plaintiffs who hire an attorney to handle
their claim walk away with more compensation than those who do not hire a
lawyer, even after the attorney’s fees are paid.
Insurance adjusters are trained to offer as low a settlement amount as possible for injuries; finding effective legal assistance as soon as possible can insure that your rights to compensation are protected. Hiring an attorney who practices personal injury law on a regular basis can ensure that your rights are protected.
Brent Cordell practices exclusively in the area of
personal injury law. His number one focus is helping people with severe
injuries get the legal representation they desire. Throughout his
career, Mr. Cordell has helped thousands of injured people get the just
compensation they deserve. If you or someone you know has been injured through the fault of another party, contact us at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
Every year in America, nearly 100,000 people suffer serious brain
injuries that require medical treatment and affect their ability to
perform everyday activities. You do not have to be traveling at a high
rate of speed or to strike a hard object in order to suffer a traumatic
brain injury. Serious brain injuries can result from falls, car
accidents, sports activities, and work-related accidents. Any kind of
trauma to the head or neck region can cause the brain to bruise, bleed,
tear, or swell.
There are two general types of head injuries: open and closed.
An open injury means the skull has been fractured, and this kind of
brain injury usually results from falls or other accidents in which the
head comes in direct contact with a hard surface or object. A closed
head injury does not involve a fracture, but can be more serious than an
open injury due to the possibility of brain swelling and the formation
of dangerous blood clots inside the skull. Whether a brain injury is
open or closed, the most serious of either type can cause paralysis,
loss of consciousness, and even death.
Soon after an accident or injury, it may be difficult to know
whether you or a loved one has suffered a brain injury, especially when
no visual indications of serious injury exist. Here are some things to
look out for when evaluating an accident victim's potential for brain
injuries:
Confusion and difficulty remembering recent events
Unusual tiredness or sluggishness
Nausea and dizziness
Severe headache Weakness or numbness on one side of the body
If any of the above symptoms are present soon after an
accident or injury, you should seek immediate medical attention. It is
even possible to suffer from a brain injury and still feel fine. Some
victims have suffered serious brain injuries in an automobile accident,
yet have been able to get out of their car and direct traffic away from
the scene. Therefore, if there is any question at all whether a brain
injury could have occurred in an accident, it is critical to go to the
nearest hospital for a thorough medical evaluation.
Whether a catastrophic injury involves an amputation, a brain
injury, a spinal cord injury or any other injury, Brent M. Cordell is
committed to protecting the rights of the injured and help families cope
with the physical, financial and emotional issues associated with a
catastrophic injuries or fatal accident.
Each year, thousands of insurance claimants
and policyholders experience some degree of bad faith representation by
their insurance company. Any of the following issues may constitute bad
faith on your insurance company’s part:
unreasonable delay or denial of claim
failure to immediately conduct an adequate investigation
failure to act reasonably in evaluating your claim
failure to promptly pay your legitimate claim
Bad faith insurance involves any matter where an insurance
company has breached its implied obligation of good faith and fair
dealing. This occurs most often when a consumers claim is unreasonably
delayed, underpaid, inadequately investigated, or entirely denied. Bad
faith insurance companies use fraudulent and deceptive tactics to
intentionally deny or withhold proper payment of policyholders’ claims.
Previously, a long and difficult arbitration was required to
fight a bad faith claim but today a lawyer can help you evaluate the
claims that have been denied or delayed. From healthcare to automobile
insurance and disability claims, consumers should be fairly represented
by the insurance company to whom they pay a premium, and often, a
deductible.
It is important for a bad faith claimant to recognize,
however, the economic and time costs associated with proceeding with a
bad faith claim can be large. As such, bad faith lawyers often require a
case show reasonably large damage amounts in order to pursue a bad
faith claim.
If you have experienced one of the above issues with your
insurance company it may constitute bad faith on your insurance
company’s part and may entitle you to substantial compensation and
punitive damages, amounts of money intended to punish the insurance
company when the firm has acted in an overtly unfair way. If you or a
loved one have experienced insurance bad faith, contact Brent M. Cordell
for a free consultation at www.cordell-law.com or 1-844-8LEGAL8 (1-844-853-4258). We will use our experience, knowledge and
resources to achieve the best possible results for you and your family.
Studies by The Virginia Tech Transportation Institute have shown that texting while driving is more dangerous than drunk driving: someone texting while driving is 23
times more likely to be in an accident than other drivers. "Distracted driving" studies by the CDC report that 69% of drivers in the United States ages 18-64 reported that they had
talked on their cell phone while driving within the 30 days before they
were surveyed and 31% of U.S. drivers ages 18-64 reported that they had read or sent text
messages or email messages while driving at least once within the 30
days before they were surveyed.
The Insurance
Information Institute identified drivers ages 18-24 as the group most
likely to text or use a cell phone while driving. Teenage girls were
more likely than boys to use their phones behind the wheel. Since teens especially lack advanced driving skills, they are the least equipped to deal with
this type of distraction.
Every time drivers send or receive a text, their eyes are off the
road for an average of 4.6 seconds. During this time a driver
who is going 55 mph could cover an entire football field, placing everyone in that area at potentially risk of becoming involved in a
serious distracted driving crash. Texting while driving is dangerous not just to the texter, but also
to innocent people on the road who could be injured or killed by a
driver who isn’t paying attention.
The National Transportation Safety Board (NTSB) has strongly suggested to lawmakers throughout the U.S. that a blanket ban on texting and driving would both save lives and reduce the accident risk. However, no federal law exists and the Texas governor has vetoed a bill that would have imposed a statewide ban on texting for all drivers. this means that drivers in Texas are allowed to text and drive unless they fall into one of a few categories. Section 545.424 of the Texas Code prohibits drivers under age 18 from
using any type of wireless communication device while driving; Texas
also places limits on school bus drivers (can’t
use their cell phone when children are on the bus), drivers in school zones (cannot use a wireless communication device) and
drivers with a learner’s permit (six-month moratorium on using cell phones when
they first learn how to drive). Texas State laws on texting and driving basically entail:
Ban on all cell phone (handheld and Hands-free) for bus drivers (Primary law)
Ban on all cell phone (handheld and Hands-free) for novice drivers (Primary law)
Ban on texting for novice drivers (Primary law)
Ban on texting for bus drivers (Primary law)
Ban on the use of hand-held phones and texting in school zones
Note: In Texas bus driver laws pertain to bus drivers with passengers age 17 and under. Novice drivers are defined as all drivers at the intermediate stage, first 12 months.
Additionally, some Texas cities and counties have local bans on texting while driving: these include Dallas, Austin, Amarillo and San Antonio.
Even though texting while driving is not specifically illegal for all motorists in Texas, reckless driving is. According to the Texas Transportation Code, reckless driving is
defined as operating a motor vehicle with "willful or wanton disregard
for the safety of persons or property". In reckless driving, the driver does not intend to cause harm but still
sees the possibility of harm, taking the risk anyway. Recklessness
involves a greater degree of fault than negligence but a lesser degree
of fault than intentional wrongdoing.
In 2011, the Texas Department of Transportation reported 81,000 crashes involving driver distraction or inattention.
Statewide, roughly 3,000 people are killed in auto accidents annually
and over 200,000 are injured. With one reportable crash occurring on
Texas roadways every 83 seconds, thousands of accident victims and their
loved ones are in need of medical care, property repair, and legal
counsel each year. Drivers who fail to show a
reasonable degree of care when driving can be sued and made to pay
damages in a personal injury claim, and victims have a legal right to claim
damages and compensation.
Brent Cordell has extensive experience with auto accident claims,
and is committed to serving individuals who have suffered personal
injuries due to the dangerous or negligent acts of another. He can help you to prove that a driver was unreasonably careless by texting while driving. Contact us at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
According to the National Highway Traffic Safety Administration (NHTSA) someone in the United States is involved in a car accident every 10 seconds. Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence.
Figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
Disobeying traffic signs or signals
Failing to signal while turning
Driving above or below the posted speed limit
Disregarding weather or traffic conditions
Driving under the influence of drugs or alcohol
Getting Legal Help for a Car Accident Injury
Anyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle, or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible -- including private citizens, stores, manufacturers, insurance companies, large corporations, and government agencies. If you have suffered an injury because of someone else's carelessness, you should speak with an experienced personal injury attorney who will evaluate your case with you, to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery. Brent M. Cordell can explain what you can expect at every step of your personal injury case: contact us at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
"Slip and fall injury" or "trip and fall injury" is the generic term for an injury that occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property. These cases fall under the broader category of cases known as "premises liability" cases. The term "premises liability" refers to a situation when an individual is injured on a property, or "premises" owned or maintained by someone else, and the owner or possessor of the property is held liable for such injury.
"Slip and fall" injuries often result from
slippery conditions caused by water, paint, food or other slick substances on
a walking surface. "Trip and fall" injuries may be caused
by hidden hazards, poor lighting, uneven walkways or
missing handrails.
Slip and fall accidents are covered by the law of negligence, and a key issue is what duty the property owner had towards the injured person in terms of protecting him or her from injury. Traditionally, the law distinguished among four categories of people who might be on someone else's property:
invitees (for example, a delivery person);
social guests;
licensees (someone who is on the property solely for their own benefit); and
trespassers (for example, a vandal).
The responsibility of the property owner to protect a person from injury depends on how the person was categorized. In most cases, the injured party must prove that the premises was in a "dangerous condition" when the injury occurred, and that the owner of the property knew (or should have known) of the dangerous condition. To establish this it usually must be shown that the owner created the condition, knew the condition existed and negligently failed to correct it, or that the condition existed for such a length of time that
the owner should have discovered and corrected it prior to the incident.
For a plaintiff to be successful in a slip and fall accident, they must typically prove the following:
there was a condition of the defendant's (landowner) property which presented an unreasonable risk of harm to persons on the premises;
the defendant knew or should have known that the condition of his property involved an unreasonable risk of harm to persons on the premises;
the defendant should have anticipated that persons on the premises would not discover or realize the danger, or would fail to protect themselves against it;
the defendant was negligent;
the plaintiff was actually injured;
the condition of the defendant's property was a direct cause of the injury to the plaintiff.
In addition, a plaintiff may prove negligence by showing that the property owner violated a relevant statute. For example, a building owner must ensure that his or her building's structure is in compliance with applicable building codes.
An injured person who slips and falls due to the negligence of another may be able to recover the costs of lost income and medical bills, as well as compensation for any pain and suffering or physical disability, among other damages. If you have been injured due to a dangerous condition or negligence on behalf of another party, contact Brent M. Cordell at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
Negligent security is a type of premises liability claim that allows a
person injured by a third-party attacker to seek recovery for his or her injuries from the property owner.
Landlords, business owners, universities and management companies may be found liable for negligent security.
Premises liability
law covers negligent security claims, as they arise from the
ownership or control of property or "premises." Under premises liability
law, a property owner (or any party responsible for maintaining the
property) may be held liable for injuries
if they were the result of dangerous conditions on the property. Although a variety of circumstances may create unsafe conditions, negligent
security law traditionally addresses those that contribute to third-party attacks.
The doctrine of negligent security allows recovery by injured parties
against property owners and property managers for foreseeable criminal
attacks by third parties; i.e., if criminal conduct of a third party is foreseeable the landowner has
a duty to prevent injuries to other persons on the property if it reasonably appears (or
should appear) to them that those persons may be injured on the
property. Even prior crime in the area, if not taken into
account by the property owner, may comprise
negligence under certain circumstances; if a business is in a high crime area the landowner may be required to
take special safety measures such as hiring security personnel or
installing security systems.
Under current laws, attacks
occurring at apartments, hotels, condominiums,
bars, university dormitories and campuses, shopping centers and other public areas or
buildings may be eligible for a negligent security claim. The degree of legal responsibility property owners may be held to is determined by a combination of building codes, ordinances, statutes, and, most frequently, court decisions. If an apartment complex or other business has a history of security-related issues they may be held liable for your injuries.
A recent study of premise security liability throughout the United
States found that the main targets of these lawsuits were residential
apartment building owners and hotel and motel owners. There has also
been a rise in criminal acts against students at universities and
colleges, and any student who is a victim of a criminal attack on their
college or university grounds may seek to hold the institution
responsible for not providing adequate security on campus.
It is important when dealing with a possible negligent security claim to notify legal representation so that an independent investigation can take place if necessary for your case. It may be crucial to review the criminal activity of the area under question. Brent Cordell is an experienced personal injury attorney and will fully review your circumstances and advise you of the legal process ahead. He represents victims in negligent security cases and relentlessly pursues the maximum compensation possible.
If you or a family member was assaulted as a result of inadequate security, you may have a claim against the business or property owner for physical injuries, economic losses and emotional trauma. Contact Brent Cordell at 1-844-8LEGAL8 (1-844-853-4258) or visit www.cordell-law.com for a free initial consultation.
Traffic accidents involving heavy commercial trucks such as an eighteen-wheeler or other large freight carrier can be much more catastrophic than an ordinary car accident. Commercial vehicles can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious or fatal injuries.
The danger posed by commercial truck accidents can be made worse depending on the nature of the freight the truck is carrying: if hazardous or flammable materials are on board burns and respiratory injuries could result.
After a semi-truck accident, there will be many people at the scene such as rescue personnel, police officers, fire fighters,
and tow truck drivers. Often, the trucking company insurance representative
will arrive at the accident scene within minutes in order to take
pictures, interview witnesses, and compile their version of the events
in order to avoid or limit the liability their company will face in the
event of a lawsuit. Invariably, the trucking company's version of the accident will place
you at fault. This is why you need expert legal advice as soon as
possible following a truck accident.
In the event that you or a loved one are involved in an accident with a commercial vehicle you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. 18-Wheeler and commercial truck accidents often involve many different
companies as well as multiple insurance companies: this makes it much more
difficult to allocate fault and ascertain the cause of the accident. Conversely, these policies have much higher policy limits (typically a
minimum of $1 million dollars) and these limits give you much better chances
of having ample insurance coverage to pay for medical treatment,
pain and suffering, lost wages, etc.
Texas employs a doctrine of comparative fault, whereby the actions of
both the plaintiff and the defendant are factored into a jury’s decision
to award compensation. If the jury finds that the plaintiff is
partially to blame or
contributed to the accident in some way, they may then discount the
compensation that the plaintiff will receive proportionately. If the jury believes that the plaintiff
contributed more than 50% in causing his or her own injuries then the defendant does
not have to compensate the plaintiff.
The consequence of this is that the defendant does not have to beat
the plaintiff flat-out; they simply must show that they are not entirely
responsible or they simply must deflect the blame elsewhere in part,
and they will save themselves a considerable amount of money. As such,
trucking companies are not usually willing to settle with accident victims if they believe that there is the slightest chance that they can
deflect the blame elsewhere in trial.
Utilizing a lawsuit to resolve the harm done by a truck accident serves
two important purposes: permitting the injured party to recover from the
financial, physical, and emotional harm caused by the wreck and to
dissuade those whose negligence caused the accident from conducting
themselves in that fashion ever again. In situations where egregious
conduct or wanton recklessness causes you to suffer harm, a jury may
force the defendant to pay additional damages to
further dissuade such reckless behavior. In assessing and presenting your claim, a skilled attorney will consider all aspects of the harm and loss you have suffered as a result of your accident and ensure that you receive fair compensation for your injuries.
Brent Cordell practices exclusively in
the area of personal injury law. His number one focus is helping people
with severe injuries get the legal representation they desire.
Throughout his career Brent Cordell has helped thousands of injured
people get the just compensation they deserve. For more information visit www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
On-the-job injuries are always difficult. In addition to the pain,
stress and possible loss of income, the injured employee often has to
communicate with the employer under the cloud of suspicion, anger and
resentment. Many times, the employee feels pressured into receiving care
from the company doctor. Other times, an injured employee may be
hesitant to do anything at all, out of fear of retribution or
termination.
Workers' Compensation provides benefits to workers who are injured on
the job, or suffer an occupational disease arising out of and in the
course of employment. The problem is that the compensation is often not
sufficient to address the extent of the injuries.
In addition, not all employers in Texas subscribe to a workers' compensation
insurance plan. Business that have chosen to "self-insure" and do not
pay compensation are required to prove that 100% of the liability for an
injury lies in the hands of the injured worker, or that the injury was
caused by the negligence of a third party.
Even if you may have been
partially responsible for your own accident and injury at work the
insurance defense attorneys will not be allowed to enter your own
negligence into evidence: a jury would only be required to consider any
amount of liability on the part of your employer.
This opens up your
workplace injury case to possible significant compensatory and punitive
damages that workers' compensation insurance benefits might not cover.
Often, those injured
at work will get inadequate compensation through Workers' Compensation
and should look into third-party lawsuits for greater compensation. Third-party lawsuits involve another party (other than the employer).
For example, if you were injured by a saw, there may be a products
liability case against the saw's manufacturer. Also, if a worker was
injured on a construction site, another contractor could be liable.
These cases require immediate attention and expertise because the
responsible third party is often difficult to locate and the evidence
(such as a piece of defective machinery) may need to be preserved. In
more complex cases, the legal principles of Agency and analysis of
corporate law can lead to sophisticated determinations as to who is
technically an "employee" and who the "third parties" are in a given
situation.
When you go to work, you expect that you are reasonably safe as long as
you perform your job in the way you should, taking all reasonable
precautions. This is true even when you are in a somewhat hazardous
occupation. But accidents happen in the workplace as well, and sometimes
the accidents are caused by existing unsafe conditions.
If you were injured on the job, you may be
thinking about whether or not you should file suit. To take action, you
need to be informed about your legal options.
If you were injured on the job you need to be informed about your legal options. We provide a free case assessment so that you may take the right legal action after an accident. If you or a loved one has been injured in a work related accident contact Brent M. Cordell at www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
The most recent USA survey of dog bites conducted by the CDC researchers
concluded that in 2001, 2002 and 2003 there were 4.5 million American
dog bite victims per year, and the number of dog bites requiring medical attention has
increased 15 times faster than the increase in dog ownership: there are
more than 850,000 dog bites requiring medical attention annualy in the U.S. n 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.
In a twelve-month period from 1995 to 1996 at least 25 people
in the U.S. died from dog attacks, 20 of whom were children. The annual
average was 17 in the 1980s and 1990s; in the past 6 years it has risen to 31.
Letter carriers suffer about 3,000 bites annually as they deliver the
mail. These alarming conclusions show that this is a problem that is
getting worse, not better. Children are most often the victims of serious dog attacks for
several reasons. They are boisterous, loud and make unpredictable
movements that can scare dogs. And what a child might see as an
expression of love - a simple hug- can be an explicit threat to the
animal.
Victims of dog bites can usually recover
full compensation from the dog owner's homeowners or
renters insurance policy: legal grounds for liability vary depending on state statutes, county and city ordinances
and court decisions. In some cases people other than a
dog owner can be held liable, such as a
landlord who failed to rid his property of a known dangerous dog.
Every dog owner can be held liable if they knew
before the incident, that the dog had a tendency to bite people
without justification. This is difficult
legal ground for the victim, because they must prove that the dog
previously bit a person or acted like it wanted to bite a person, and
that the owner knew of the dog's propensity to
bite. This rule also covers injuries other than bites, and
injuries inflicted by other domestic animals such as cats.
Additionally, it is the basis for holding third parties such as
landlords liable for dog bites. Texas adheres to the so-called "one bite rule", (Marshall v. Ranne, 511 SW 2d 255). This holds that a victim can recover
compensation from the owner or keeper of a dog if :
(a) the dog
previously bit a person or acted like it wanted to, and
(b) the
defendant was aware of the dog's previous conduct.
If either of those
conditions are not met, the victim cannot employ this doctrine
as a ground for recovery.
Texas also permits a dog bite victim to recover
compensation on the ground of negligence, or "the lack of
ordinary care"; the absence of the kind of care a reasonably
prudent and careful person would exercise in similar circumstances. For example, letting a stray dog into a day care center is
negligence. To recover on a negligent handling claim, a plaintiff must
prove:
the defendant owned or possessed an animal;
the defendant
owed a duty to exercise reasonable care to prevent the animal from
injuring others;
the defendant breached that duty; and
the
defendant's breach proximately caused plaintiff's injury."
The
negligence cause of action makes it unnecessary to prove that the dog
previously bit a person or acted like it wanted to.
Additionally, the violation of an animal control law can result in
liability on the part of the violator whether or not they own the dog. Counties and cities often have laws requiring dogs to be on
leash, prohibiting them from being "at large" or from trespassing.
Texas does permit a dog owner to mount a defense based on the comparative
negligence of the dog bite victim: the damages awarded by the jury are reduced by the degree of the
plaintiff's negligence. Therefore if the victim's own conduct was 10%
responsible for the incident, for example, the victim's compensation
will be reduced by 10%.
The most important aspect of prosecuting a dog attack case is
to secure evidence as quickly as possible. The best evidence that we
seek to obtain immediately is the identity of the dog and its owner,
photographs of the dog, identity of witnesses, witness statements, and
photographs of the injuries and location of the attack.
Make a report to the animal control authority; don't assume that a
hospital report will trigger an investigation.
Record the names of the dog owner or handler and all witnesses.
Take photographs of the wounds before and after treatment.
Get medical attention immediately. This is not only to document the
cause and nature of the injuries, but to prevent infections that could
lead to serious consequences.
If the bite
is to the face or requires hospitalization, retain a
lawyer who has experience with dog bite cases.
Victims of dog bite attacks can sustain
painful and life-altering injuries, including deep skin wounds, loss of
fingers, infections and scarring. Dogs that are prone to attack are a
liability and the owners need to be held responsible for them.
The most important aspect of prosecuting a dog attack case is to secure evidence as quickly as possible. If you or a loved one has suffered from a dog bite or animal attack, contact Brent M. Cordell at http://www.cordell-law.com or call 1-844-8LEGAL8 (1-844-853-4258) for a free consultation.
In Texas, "motor vehicle" accidents may involve anything from personal watercraft to motorcycles and buses. Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence.
Figuring out who is at fault in a vehicle accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
Disobeying traffic signs or signals
Failing to signal while turning
Driving above or below the posted speed limit
Disregarding weather or traffic conditions
Driving under the influence of drugs or alcohol
Getting Legal Help for a Motor Vehicle Accident Injury
Anyone who has been through a motor vehicle accident knows that it can be a traumatic experience. Whether the accident involved an car, motorcycle or commercial vehicle, you have the right to take legal action against any person, company, or entity that is responsible -- including private citizens, stores, manufacturers, insurance companies, large corporations, and government agencies. If you have suffered an injury because of someone else's carelessness, you should speak with an experienced personal injury attorney who will evaluate your case with you, to ensure that your legal rights are fully assessed and protected. An attorney can explain what you can expect at every step of your personal injury case, and will take action on your behalf -- researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel -- all with an eye toward strengthening your position and ensuring your fair recovery.
When deciding whether to retain an attorney,
remember that insurance adjusters are highly trained and their job is to
settle cases as soon as possible for the least amount of money
possible. They handle hundreds of cases and, in a sense; they are
professionals at what they do. Do not make the mistake of thinking you
can outsmart them, trust them or confide in them. They work for a large
corporation and their interest and yours are completely opposite. They
come across as very friendly until they have obtained all of the
information they want. They almost always want to immediately take your
statement before you hire an attorney and some use delay tactics in
admitting liability in order to delay timely medical treatment.
Hiring an attorney who practices personal injury law on a regular basis can ensure that your rights are protected.
Brent Cordell practices exclusively in the area of
personal injury law. His number one focus is helping people with severe
injuries get the legal representation they desire. Throughout his
career, Mr. Cordell has helped thousands of injured people get the just
compensation they deserve.
If you have become the victim of personal injury in the
state of Texas it is important that you seek advice from a legal
professional, because you may be entitled to claim compensation if you
have suffered physical or mental injury than has stemmed from the fault
or negligence of another party. Brent M. Cordell is an experienced Texas
personal injury lawyer attorney who will be able to advise you whether
you have a valid case once you have provided the necessary details at
your initial consultation.
For qualified representation from an experienced personal injury lawyer, call 1-844-8LEGAL8 (1-844-853-4258) or visit www.cordell-law.com for a free consultation.
