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.
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.
