Houston Injury and Accident Lawyer & Attorney : Vujasinovic & Beckcom Law Firm : Workplace Injuries, Car Accidents, Insurance Claims : Harris County, Texas

Thank you for your question. 

In Texas, the law provides a "cause of action", or a legal claim, against people or companies whose negligence or carelessness cause the death of another person.

Under Texas law, only the direct relations (spouses, parents, and kids) of the person who has died have claims under wrongful death laws.

Do you think brothers, sisters, aunts, uncles, and other family members should be able to file a legal case if one of their relatives are killed?  Please let us know your thoughts by commenting below.

Wrongful death claims can be very complex, time consuming, and expensive.  That's why you should probably consult with an attorney who specializes in personal injury and wrongful death cases. 

A lawyer who doesn't specialize in personal injury or wrongful death cases may not have the experience or resources to properly handle the case.

Want to read more about Texas accident and injury law? 

Please take a moment to read the following articles:

1.  How to select a Houston lawyer for you injury or accident case

2.  Common misconceptions in Houston truck accident cases

3.  Five things that could wreck your Houston car or truck accident case

4.  The insurance company wants me to give a statement - what should I do?

5.  How to beat the insurance companies at their own game - ask these 5 questions

6.  Do I need a lawyer for my Houston car or truck accident case?

7.  What to do immediately if you are involved in a Houston car or truck accident

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If you or a loved one are injured in an accident in Houston or the surrounding area, you will probably want to hire the best, most competent lawyer for the case.

So how do you find the best lawyer for your particular case?  And how do you even get an appointment to talk to the best lawyers in Houston?

The best and most experienced attorneys in Houston will have people lining up at their door to hire them.  These lawyers will be very selective about the cases they accept and the people they represent.  It's often hard to get an appointment to talk with them directly.

If it's easy to get an immediate appointment with the lawyer you are thinking about hiring, ask yourself why?  Maybe that lawyer doesn't have much else to do?

Once you get an appointment with a lawyer you are thinking about hiring for an injury, accident, wrongful death, or business dispute case you should ask questions.  Lots of them.

Good lawyers will not be insulted by questions.  They will most likely encourage you to ask as many questions as you want.  Most of the best lawyers in Houston will want you to educate yourself during the hiring process.

Any lawyer who seems to discourage your questions or doesn't answer them in a straightforward no-nonsense way should raise red flags.

After all, the best lawyers consider it their job to keep you informed and educated and comfortable during the entire process.

Questions to ask a lawyer you are thinking about hiring

1.  How long have you been in practice?

2.  Do you have any experience handling a case like mine?

3.  Can you give me a list of your past results or past cases?

4.  Have you  ever published any articles about cases like mine?

5.  Have you ever had a case against the same company that was negligent in my case?

6.  Will you actually work on my case?

7.  How much experience does your support staff have in these types of cases?

8.  Have you ever won a large verdict or settlement?

9.  Are you board-certified in any field?

10.  Do you carry malpractice insurance?

11.  Have you ever been disciplined or reprimanded by a bar association?

12.  What is my case worth?

13.  Have you ever represented large companies or insurance companies?

14.  Can I have a copy of my attorney-client contract to take home and study?

15.  Why do you believe you should handle my case and not some other lawyer?

This list does not include every possible good question.  It may depend on your case.  But this list will certainly cover a lot of important areas and get you started down the right road.

Any good Houston personal injury lawyer will be glad to answer all these questions and any other questions you have.  And they will be glad to answer them in a straightforward, honest, no-nonsense way!

If the lawyer is evasive or says he won't answer your questions until you hire him as your lawyer by signing papers, then you should probably just leave the appointment.  That lawyer is either not experienced enough for your case, is desperate for business, or has something to hide.

Have a good question you'd like to suggest? 

If you have other questions you'd like to suggest that are not on the list above, please submit your question to the comments section below.  We will print the most popular and most helpful question in a future post.

For more questions, visit the rest of the entires on this website or go to www.vbattorneys.com.

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Houston, Texas -- Vujasinovic & Beckcom has been prosecuting a truck accident lawsuit against a Victoria-based trucking company, in which one of the company's drivers allowed the over-sized load on the flatbed trailer of his tractor trailer to strike a pick up truck legally parked on the shoulder of US 59 in Montgomery County, Texas, killing a two year old child in the pick up truck. This truck crash happened on October 26, 2006.

Through discovery efforts, the firm recently discovered that the trucking company driver tested positive for cocaine on the day of the crash. Testing documents reveal the driver admitted using cocaine the night before the crash.

The firm further determined that the trucking company's top managers were told by their field manager that the load on the truck was illegal because it was 40,000 pounds over weight and over five and a half feet over wide.

According to sworn testimony by the trucking company's field manager, after he told the managers of this extreme safety risk, the managers told him to ignore the safety hazard and to send the truck on its 250 mile route from Berclair to Woodville, Texas.

The firm further determined that at the time the trucking company hired the driver, it knew that he had a criminal record including three felonies (all of which were drug or alcohol related), a driving record including a DWI, and that his commercial drivers license was revoked.

The law firm further determined that the trucking company ignored a comment on its website in which a motorist told the company that its drivers -- including the driver who killed the young boy -- were driving so unsafely that it was likely they were going to "kill someone," yet the company took no action in response to this warning.

Finally, the law firm discovered that the trucking company falsified the trucker's logs before producing them to the law firm in this litigation, based on a comparison to the drivers logs that were provided to the investigating Troopers at the time of the official DPS investigation. The case is pending in State District Court in Jim Wells County, Texas, and is set for trial in June of 2008.

If you have any information on this truck crash or on the driving and safety habits of trucking companies, please contact us.

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Most people involved in truck accidents in Texas believe they can negotiate with the insurance companies on their own. This is one of the major mistakes we see when handling Texas truck accident cases.

The insurance companies have declared war on injured people. They write letters to injured people trying to convince them not to hire an attorney. They claim that the injured person will not get as much money if they hire an attorney. But the insurance company for the trucking company always hires a team of lawyers. Isn't it suspicious that they hire a bunch of lawyers but don't want the injured person to hire his or her own lawyer?

Why do the trucking companies, and their insurance companies, need a team of adjusters and lawyers but don't think an injured person needs their own lawyer?

Simple.  Because they know that if an injured person is not represented, they are almost certainly going to be able to settle the case for an unfairly low amount.

Trucking companies and their insurance companies also have spent millions and millions of dollars trying to lower the amount of verdicts in truck accident cases. This propaganda has had an enormous effect on jury verdicts in Texas truck accident cases.

As a result of these developments, people injured in Texas truck accident should strongly consider hiring an experienced and aggressive lawyer so they can level the playing field and have a better chance of getting a full and fair settlement.

Simply put, you are almost certain to get an inadequate settlement without an experienced Texas truck accident attorney because the trucking company and insurance company know they can take advantage of an injured person much more easily if they do not have to deal with an experienced, aggressive attorney.

Why? Because an experienced Texas truck accident attorney will know what cases like your have settled for in the past, or what juries have given in the past when truck accident cases have gone to Court.

And the experienced truck accident attorney will be ready, willing, and able to take the negligent truck company to Court if the trucking company or its insurance company doesn't make a fair and adequate settlement offer.

Finally, an experienced accident attorney will be know the tricks that the trucking companies commonly use and will be prepared to deal with those tricks.

Level the playing field.  Strongly consider hiring an experienced and independent truck accident lawyer before trying to settle a serious truck accident injury or wrongful death case.

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When a parent puts their baby down in a crib they expect the crib to provide a safe and comfortable place for their baby to sleep.  Often parents have done their very best to research cribs and crib bedding, looking for safety features and cribs with favorable product ratings.  Mother and father may carefully follow the instructions when putting the bed together, attempting to ensure a safe haven for their sleeping babe.

Even when a parent has “done their homework” and bought what they assume to be a safe crib the worst can happen.  The latest recall is of a crib produced in Indonesia by Munire Furniture, Inc. The cribs do not allow the mattress to be lowered enough, posing a serious threat to children as they become more mobile and are able to stand in their crib.  If the mattress is not low enough babies may topple out.  This fall can be dangerous and even deadly.

Too Many Cribs Cause Injury and Death

This latest product recall is just another in a long list of recalled cribs and crib parts.  In 2007 nearly 1.5 million cribs and play yards were recalled.  The recalls often affect cribs that were not made to stand the test of time.  They may lose screws, the wood may splinter, or parts may become loose over time.  After less than a year of normal use cribs have been know to quite literally fall apart.  While it is best to never buy used cribs or to use cribs for many years, there are also new products that are faulty from the beginning. 

A recall on a crib made by Simplicity was too late for three families who lost their children after they were strangled between a faulty side rail and the mattress.  Seven infants were trapped but survived and over 50 complaints were filed before anything was done.  It took the U.S. Consumer Product Safety Commission (CPSC) two years to pick up that the crib that had killed a nine month old baby.  This delay, along with the lack of action on the part of the manufacturer, speaks to the gap between reported injuries and an active recall.

According to their most recent data, CPSC reported 43 deaths and 12,400 injuries a year involving cribs and play yards.  Though not all of these injuries and deaths were related to faulty products, even one death due to a badly made crib is too many.

There Are Ways to Prevent Tragedy

First of all parents must keep tabs on the latest crib recalls.  Even if you have not heard that your crib has been recalled be sure to check the recall list often to ensure your crib is not mentioned.  Even if your particular crib is not on the recalled crib list, you can check consumer product ratings for your crib to see if you have purchased a safe and reliable crib, crib mattress and bedding set.  Though checking recall lists and knowing your crib offers no guarantee, you may feel better knowing that you are up to date on the latest crib safety news.

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While driving his 1997 Nissan Pathfinder, Michael Guillory was hit by a vehicle that failed to stop at a stop sign.

Although he states he was properly wearing his seatbelt, Guillory believes he was injured because the Pathfinder failed to protect him and the seatbelt unlatched and failed to restrain him.

Guillory filed a product liability suit against Nissan on March 10 in the Marshall Division of the Eastern District of Texas.

The lawsuit states that another vehicle, driven by Jeffrey Moon, disregarded a stop sign and crashed into Guillory's vehicle. The plaintiff says his injuries are a result of the Nissan being "not reasonably crashworthy, and not reasonably fit for unintended, but clearly foreseeable, accidents."

Teaching Point

There is a legal doctrine called the doctrine of "crashworthiness."  That means that cars and trucks are supposed to be designed to protect the people inside in foreseeable crashes.

All too often, however, seatbelts fail, roofs crush in, cars roll over, tires fail, vehicles catch on fire, peole are ejected, etc.  None of these events should occur in a foreseeable vehicle crash.

You can also read more about defective products cases by visiting www.vbattorneys.com.

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After a car or truck crash, especially one involving significant injuries, the insurance companies for the negligent driver or negligent trucking company may try to trick you into making decisions that will hurt your chances of obtaining a fair recovery for any injuries you have sustained.

Here are five things the insurance companies or the negligent driver may try to do that you should avoid:

1.  The negligent driver may encourage you not to call the police, claiming that there is no need because they admit liability.

You should always call the police after any car or truck accident involving injury.  All too often, what you are told at the scene will change once the insurance companies get involved.  You need the police to come and investigate the crash so an independent party makes a written record of what happened.

2.  The negligent driver may encourage you not to get the names and contact information for witnesses.

This is a mistake as well.  The more witnesses you have, the easier it will be to prove your case.  Again, stories often change once the insurance company or defense lawyers get involved.

3.  Not getting timely medical care.

Insurance companies love this.  When you don't get immediately, or timely, medical care, they claim you couldn't possibly have been injured.  If you think you or anyone in your car is hurt, seek medical care in a timely fashion.

4.  Giving a "recorded statement" to the insurance company.

Many times, the insurance company will try to get you to give a recorded statement, where they ask you questions and record your answers to those questions.  They want to do this before you get a lawyer.

Why?  Because without your own lawyer, the professional insurance adjusters may be able to trick you into saying things that will hurt your case.  They will be nice and friendly most of the time, but in reality, they are often trying to trick you into hurting your own case without you even knowing it.

5.  Accepting a quick settlement in a serious injury or death case.

When liability is clear, the insurance company may try to offer you money quickly, before you've recovered or had a chance to talk to your own lawyer.  These offer are almost always way too low and unreasonable, and are unfair.  However, with the stress and uncertainty of a serious injury, you may be tempted to take their first offer.

Not a good idea.  Most lawyers will be glad to discuss your case and the offer with you for free, to determine whether the offer is in fact a fair one.  Since an initial consulation is free, it doesn't make much sense not to go ahead and get independent, professional advice on the offer.

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After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement." 

Be very careful about what you tell the insurance adjuster.    Especially if you don't have your own lawyer yet.

In fact, it is a good idea many times not to give a recorded statement at all.  Why?  Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on. 

Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.

One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on.  The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time. 

When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case.  The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people. 

Do you want to know if the insurance company is trying to trick you? 

If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:

1.  Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?

2.  Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?

3.  Before you take my statement, may I see a copy of your investigation file for this case?

4.  Before you take my statement, can I take a recorded or written statement from the person who hit my car?

5.  Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?

Most insurance adjuster will not answer these questions or follow-thru with the commitments in the questions.  That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim.  They are trying to minimize what they owe you.

Don't fall victim to the insurance company traps. 

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When you have statistics like this – 43 thousand people killed and 2.6 million injured every year on American’s roads, you know you have a problem.  These are real numbers from the National Highway Traffic Safety Administration (NHTSA), and they give you an idea of how serious a problem auto accidents are in this country.  In Texas alone, over 3,400 people die each year in auto accidents.  As consumers we should all be up in arms, demanding safer roads and vehicles with better safety features.  After all, it’s our friends and family out there risking their lives on the roads.

Traffic accidents happen for a variety of reasons.  There are accidents that can be blamed on “human factors”:  fatigue, carelessness, drug or alcohol intoxication, driver error, distraction, poor judgment, and more.  Then there are failures of our road and maintenance operations.  If roadways are improperly designed or maintained, they can be hazardous for drivers and cause unnecessary accidents and injuries.  Then there are accidents that can – and should be – be prevented by better vehicle technology.

Vehicle Manufacturers Can Make a Difference

Vehicle technology has come a long way since the first Model T’s hit the streets in the early 1900’s.  These days, with our massive super-highways, high-powered performance engines, and millions of vehicles traveling together every day, safety isn’t a “nice-to-have” – it’s a necessity.  Seatbelts, anti-lock brakes, airbags – these are just a few examples of safety measures that have helped reduce fatality rates on our roads.  What does the future hold for safety innovations?

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A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights.  Hire your own independent lawyer to advise you.

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Have you been paying attention to all the recalls in the news lately?  Did you know that auto recalls were up 30% in 2007 compared with 2006?

Ford led the pack with over 5.5 million recalls last year, 3.8 million of which were due to a faulty cruise control switch.  Next in line was DaimlerChrysler with 1.47 million recalls, and Volkswagen clocked in with 1.4 million.

If you’re concerned about the safety of the vehicle that you’re driving, then do yourself a favor and check out these websites.  Safecar.gov is maintained by the National Highway Traffic Safety Administration (NHTSA) and allows you to search for recall information, view current complaints against manufacturers, or file a complaint yourself.

You can also check the Recalls.gov website, an online portal that provides access to six federal agencies that maintain recall information.  From this site you can access the NHTSA recall data

Were you affected by the record recalls last year?  What do you think that manufacturers can do about it?  Leave us a comment, and then check out our articles about the 2007 auto recalls and about product recalls in general. 

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The Houston Chronicle has an interesting article about British Petroleum and its safety record in today's edition.

Even after killing 15 people and injuring hundreds in 2005 at its Texas City refinery, and pleading guilty to a felony as a result of its conduct leading up to that explosion, BP apparently has not learned its lesson.

According to the Houston Chronicle, since the 2005 explosion, BP's Texas City refinery  is still the nation's most dangerous. 

You can read the full article by clicking here.

For some reason, the federal government apparently believes that a $50 million dollar fine for BP's felonious conduct would be sufficient punishment.

(Tell that to the parents, siblings, and children of the 15 people killed in 2005 and the 4 people killed since then.)

Many safety focused attorneys have objected to the proposed fine as too lenient.  Why?

Simply put, it is too lenient.  A $50 million dollar fine for BP (which is worth billions) is like a fine of less than one penny for someone with ten dollars.  It's just not high enough to have any deterrent effect.  It doesn't register.

Rather than have a meaningless, arbitrary fine, that will have a minimal effect on BP's bottom line, some people have suggested that the fine should be tied in some way connected to BP's net worth or profits.  That is the only way for the fine to have any "bite" to it.  Otherwise, the fine is basically meaningless.

What do you think?  Feel free to comment below.

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A Jones Act seaman's wife has filed a lawsuit against Blessey Marine, his employer, for the wrongful death of the seaman.

The seaman was killed by lighting on August 2007.  According to the lawsuit, Blessey Marine ordered the man to work outside in inclement weather.  The lawsuit claims that Blessey Marine violated industry standards.  The wife is seeking compensation for the loss of her husband.

What is the Jones Act?

The Jones Act allows injured seaman, or their heirs if they are killed, to bring a lawsuit against their employer. 

To find out more about the Jones Act, please contact our law firm at www.vbattorneys.com by going to the contact section of the main website. 

You can request a free copy of our book, "The Truth About Offshore Injury Cases." 

The book explains offshore injury cases, including Jones Act cases, and explains the entire process of a legal case for an offshore injury or death, including what to do in the early stages of the case, how to handle the insurance companies, whether and when and how to go about hiring a lawyer, and what to expect during the case.

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