Your Questions Answered From Our Attorneys

Q: What is a contingency fee?

A: At our Law Office we handle most personal injury cases on a contingency fee basis. This means that we collect attorneys’ fees only if you recover compensation for your losses and expenses. Generally, our fees will constitute a percentage of your award, which will be predetermined before we proceed with your case. If you do not receive any financial compensation, we will not bill you for our attorneys’ services.

Q: How long do I have to file suit for my injuries and damage?

A: The “statute of limitation” for bringing suit will vary depending upon the circumstances. Unless you bring a lawsuit in the proper time, you are barred from doing so. It is critical to contact an attorney for proper advice. In some cases, it may be one year, but in other cases, it may be much shorter. If a “public entity” is liable, you may need to file a “tort claim” with the public entity within a few months, or you are barred from suing the public entity. Many people are confused about what a public entity is. A public entity may include the obvious, like a state, county or city government and schools, but it may also include a utility or private companies in contract with the government.

Q. Should I provide any statements to an insurance company?

A: Without an attorney, we advise that you only provide basic information such as names and addresses. An insurance company requesting information from you may be placing its own interests above your own. The more severe the injuries and property damage resulting from an accident, the more consideration you should give to obtaining legal representation from a competent auto accident attorney.

Q: The other driver was uninsured; can I still be compensated?

A: Although state law requires that motorists prove their ability to pay for personal injury or property damage in the event of an auto accident by purchasing insurance, many drivers simply ignore this obligation. Other motorists choose to purchase the lowest amount of coverage allowed by law. These uninsured and underinsured drivers are frequently unable to cover the costs of the accidents that they are involved in; as a result, the victims of their negligence end up assuming responsibility for expenses that were not their fault. An essential part of any automobile accident investigation includes identifying and pursuing all available insurance sources, including underinsurance and uninsured motorist coverage.
Although your insurance company may be obligated to pay damages for your medical expenses and other financial hardships caused by the collision, securing fair payment is often difficult. These claims are frequently delayed, underpaid, or wrongfully denied. Contact one of our accident attorneys to learn how we can help you recover the compensation that you are legally owed.

Q: Is there a minimum personal injury settlement amount?

A: No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on a lot of factors, including:
The nature and extent of the injury;
The amount of economic damages (such as lost wages and medical bills); and,
The amount of time the injury is expected to last.
If you’re trying to put a value on a specific case, it would be a good idea to check with a lawyer near you

Q: How do I collect my personal injury award?

A: If the person against whom you have the judgment has insurance, the easiest thing to do is simply to notify the insurance company of your judgment (if they’re not already aware of it). The insurance company will usually just write a check for the damages up to the limit of the insurance policy. If the person against whom you have the judgment is uninsured, collecting won’t be as easy. You must have the judgment “entered” with the court and then seek to “enforce” the judgment. There are actually attorneys who specialize in collecting judgments, and it would be a good idea to consult with one.

Our Main Office:

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

Pedestrian Accidents Have Catastrophic Outcomes

About 1,000 pedestrians are injured in the United States every day by negligent motorists. As experienced auto accident attorneys, we know that pedestrian accidents can result in catastrophic injuries such as brain injuries, spinal cord injuries, broken bones, paralysis and even death. All of us are pedestrians at one time or another, and, most of time, we do reach our destinations safely. However, as statistics show, these pedestrian accidents occur more often than they should. The best way to avoid accidents is to be prepared and be aware of vehicles around you as well as your surroundings.

Here are seven valuable tips to avoid tragic pedestrian accidents:
Cross only at marked crosswalks or intersections. Some accidents involve pedestrians who are hit by cars while crossing at a location where they are not supposed to be crossing. Always make sure you are legally crossing in a crosswalk or at an intersection. In the event that you are hit and injured while legally crossing, the law protects you. A jury in a civil personal injury case looking at your injury accident is very likely to rule in your favor.

See and be seen. You can do so by wearing reflective clothing if you are walking at night or at a busy intersection. Try and stay out of a driver’s blind spot as far as you can. Always carry a flashlight while walking in the dark. And make eye contact with drivers when you cross the street.

Remember what you were taught as a child. Look to the left, right and then left again for traffic. Stopping at the curb tells drivers that you intend to cross the street.

Please do not drink and attempt to cross a busy street. Using drugs and alcohol severely impairs your judgment. It is extremely dangerous to walk when you have been drinking or when you are under the influence of drugs.

Watch your children. Small children should not cross streets by themselves or be allowed to play or walk near traffic.

Obey traffic signals. At intersections where the traffic flow is controlled by signals or a traffic officer, pedestrians must obey the signal and not cross against the stop signal unless directed to do so by an officer.

In case of bad weather, take care that your umbrella or raincoat does not prevent approaching vehicles from seeing you. Always be visible to drivers.

If you or a loved one has been seriously injured in a pedestrian accident as a result of a negligent driver, please contact our law firm for skilled legal representation in your case. We are experienced personal injury attorneys who have been fighting for the rights of injured victims for 25 years. Call us and we’ll send you a free brochure about pedestrian accidents.

Our personal injury attorneys have worked to protect the rights of injury and accident victims for more than 20 years as civil litigators. We work to maintain the objective of making a difference to those who have been wronged by another.

In the extensive period that we have been litigating injury cases, we have acquired invaluable legal knowledge to assist injury victims and their families in obtaining just compensation for the physical harm and emotional suffering that has befallen upon them at no fault of their own.

In acquiring millions of dollars in settlements and verdicts for our clients, our dedication has helped accident victims in receiving the monetary funds that they need to help pay for expenses associated with their injuries brought on by another individual’s negligence. Please visit this website

Personal Injury Blog : Product Liability: What It Really Means

If you have legal questions or legal issues, this site is your resource for finding answers or the latest legal information. The attorneys at our law firm are here to provide you answers to anything related to the law.

Product Liability: What It Really Means
“Product Liability�? is the term that lawyers use when we evaluate products and their components for potential responsibility for the injury or death of our clients. This evaluation starts with the original manufacturer of the product but it may extend to the suppliers of the components that are a part of the products that the public uses daily. Most products are distributed to the public through a distribution chain. Each member of the chain may have some responsibility for that product if that product fails and causes injury or death. In any case, where the performance of the product is questioned, it is important to determine who was involved in every stage of the product’s manufacturer, marketing and sale so that the client may advised about their legal rights.

Strict Liability
Strict Liability is the foundation for today’s strict product liability law in Texas and beyond. The Law provides: “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused.�? These claims examine the condition of the product rather than the conduct of the manufacturer or retailer. Potential defects may be found in the design, manufacture, marketing/warnings of the product.
Negligence
Negligence is defined as a failure of a manufacturer or a retailer to act in conformity with the standard of the manufacturers and retailer in that industry under the same circumstances. Negligence can be found where a defendant acts or fails to act under circumstances where other defendants would have acted. We look at the design, manufacture and marketing/warnings for the product but the focus is the actions or inactions of the manufacturer or retailer. Many negligence-based product liability cases are due to a lack of action when the industry becomes aware of a problem but chooses not to act in the best interest of the customers who buy and use the product.
Breach of Warranty
Personal injury liability claims which result from a breach of warranty fall under a contract action. For instance, many products have express written (and sometimes unwritten) warranties that exist from the time for the sale for a period of time. These warranties set out certain characteristics that the product is supposed to have or is expected to have. When those characteristics are not found and the consumer is injured, there may be a claim for a breach of warrant.

There is also implied warranty, in which case a product comes with the implication that as long as it is used as it was designed to be used, the consumer will avoid injury. Despite the lack of a written warranty, this is still a legitimate cause for legal action if an injury occurs.

Misrepresentation
Misrepresentation is a “tort�? action, or a strict liability claim. Whether purposeful or accidental, misrepresentation is a viable cause for a personal injury suit if the manufacturer or retailer misrepresented the characteristics and qualities of a product and the consumer is injured as a direct result of product not having those attributes.

For instance, if a company produces a product created with toxic materials that are undisclosed, that company would be liable if anyone became ill due to exposure to those materials. Misrepresentation can occur through known ignorance or blatant disregard for the truth.

Proving the specific details which lead to a product-related injury often requires the aid of an established products liability lawyer with Ketterman Rowland & Westlund maintain an experienced and professional staff of legal experts