Houston, Texas Personal Injury Attorney – workers comp non-subscriber work injury claims

Houston, Texas Personal Injury Attorney – workers comp non-subscriber work injury claims

In Texas if you are injured on the job and your employer subscribes to the workers compensation scheme and carries workers comp insurance, your remedy is essentially limited to making a workers comp claim. Put another way, if your employer has comp coverage, you cannot sue your employer for negligence. In Texas this is referred to as the “comp bar.”

If however your employer does NOT carry workers’ compensation insurance (making them a workers comp non-subscriber), then as an injured employee not only can you sue your employer for negligence, but your employer is limited by law in how they can defend against your lawsuit. For example, your employer cannot allege that your own carelessness was the cause of your injury.

Also: if you are on the job and are injured by the negligence of a third party (i.e. someone other than a co-employee), then you can make an injury claim against the third party who injured you.

Daragh Carter is an attorney in Houston, Texas whose practice is focused exclusively on representing personal injury clients. Daragh Carter is Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law, is rated “superb” and 10/10 on the popular attorney-rating web site AVVO, was voted a Top Lawyer for Personal Injury by Houstonia Magazine in 2013 and 2014 and a Rising Star by Texas Super Lawyer in 2014.

Please note that Daragh Carter does not handle workers compensation cases: cases where an employee is injured on the job and the employer does have workers compensation insurance.

Contact information: www.daraghcarterlaw.com or (832) 859 8243 or daragh@daraghcarterlaw.com

How Does The Lawsuit Process Work? | Greenville SC Personal Injury Attorney | 864-271-2636

How Does The Lawsuit Process Work? | Greenville SC Personal Injury Attorney | 864-271-2636

http://greenvillelegal.com/personal-injury-attorney/

Greenville Personal Injury Attorney explains the lawsuit process in South Carolina…

Obviously during the course of my practice, I file and litigate many lawsuits.

One thing I find is that my clients often don’t understand the litigation process, so I’d like to take a minute to describe the process and explain how it works.

Any lawsuit is commenced by the filing and service of a Summons and Complaint by the person bringing the lawsuit, who is called the Plaintiff. The Summons commands the Defendant to appear in the lawsuit, and the Complaint sets forth the facts of the incident that is the subject of the suit.

If a defendant ignores the Summons and does not appear to defend the lawsuit, then it loses the right to contest liability in the suit.

More often, however, the defendant retains a lawyer, who files an Answer setting for the facts to which the defendant admits or denies.

Obviously, if they hired a lawyer they are unlikely to admit liability for the lawsuit, so the most common practice would be for the lawyers to undergo discovery in the case, which is the process by which the lawyers identify the witnesses and facts of the cases.

Typically, discovery begins by the lawyers serving Interrogatories and Requests for Production, whereby the other lawyer is required to answer certain questions and provide documents relating to the case.

Then the lawyers may take depositions, wherein the Plaintiff, Defendant and other witnesses may be required to appear before a court reporter and answer questions from the other lawyer under oath. This is the way that the other lawyer learns what the other side’s witnesses will testify to at trial.

In most counties, the Court will then require the parties to come to a mediation, where the lawyers and the parties go to the office of an independent lawyer who is not connected with the case, and that lawyer goes back and forth between the sides to see if he can help them settle their case.

The vast majority of lawsuits settle before they go to trial, whether at mediation or through other negotiations between the lawyers.

The cases that don’t settle will have a trial, wherein the parties will appear in court, and the case will be tried before a jury, who determines whether the defendant is liable to the plaintiff, and the amount of damages the defendant will be required to pay.

That in a nutshell, is the litigation process. In Greenville it usually takes between 14 months to a year and half from the date a plaintiff files its lawsuit to the day it gets to trial. In other smaller counties, it may take closer to two years.

My name is David Price, I’m a Personal Injury Lawyer, and I handle lawsuits every day.

If you were injured by another person, then I want to help you.

Please call me today at 864-271-2636, or visit my website at http://greenvillelegal.com

How Does A Trial Work? | Personal Injury Attorney Greenville South Carolina | 864-271-2636

How Does A Trial Work? | Personal Injury Attorney Greenville South Carolina | 864-271-2636

http://greenvillelegal.com/personal-injury-attorney/

Greenville Personal Injury Lawyer explains how trial works in South Carolina…

Obviously during the course of my practice, I have the opportunity to try a lot of cases in front of juries.

One thing I find is that my clients often don’t understand how a trial works, so I’d like to take a minute to describe the process and explain how it works.

When a case goes to trial, it means that the plaintiff has filed a lawsuit and the parties have completed discovery, and the parties have not been able to settle the case themselves.

By the time a case gets to trial, the parties generally have been litigating the case for more than a year, and so they know that they have not been able to settle their case and so they will have to have a trial.

The morning the trial begins, the plaintiff, defendant, and their lawyers appear in court and the judge hears in any pre-trial motions that the lawyers file in order to determine the rules or the legal framework by which the case will be tried.

Then the judge qualifies the large group of citizens from whom a jury will be picked. From that large group of 60 or more people, the Clerk will randomly select 25 people or so, and from that smaller group the lawyers will have an opportunity to refuse certain jurors until a random group of 12 people are selected to serve as the jury.

The lawyers then make their Opening Arguments to the jury, wherein they explain what the case is about, who they will call to testify, and what facts they intend to prove.

The Plaintiff’s lawyer then begins to present his client’s case. He will call the plaintiff’s witnesses, including the plaintiff, and ask them questions under oath. The other lawyer will then have the opportunity to cross-examine the plaintiff’s witnesses.

After the Plaintiff presents his case by calling all of his witnesses, the Defendant presents his case by calling his witnesses and asking them questions. The Plaintiff then has the opportunity to cross-examine these witnesses.

After both sides have presented their cases, the attorneys make their Closing Arguments to the Jury. Wherein they explain to the Jury what facts were proven and how they think the Jury should find.

The Judge then instructs the Jury on the law, and the Jury is asked to leave the room to deliberate and until they can render a unanimous verdict on whether the Defendant is liable to the Plaintiff, and if so, the amount of damages to which Plaintiff is entitled.

This process can take as little as a day, or it can take several days depending on the case. The parties and their lawyers will be expected to attend the entire trial.

My name is David Price, and my job is to try cases in front of juries.

If you were injured by another person, then I want to help you.

Please call me today at 864-271-2636, or visit my website at http://greenvillelegal.com

Portland OR Workers Compensation Attorney Astoria Work Injury Lawyer Oregon

Portland OR Workers Compensation Attorney Astoria Work Injury Lawyer Oregon

http://www.martinalvey.com/ 503-928-3848 At Martin L. Alvey, P.C. we have more than 25 years of combined experience handling workers’ compensation claims in the Portland, OR area. If you have a work injury, we can help you recover compensation.

Dallas Personal Injury Attorney Tips Texas Accidents Medical Malpractice Work Injury Lawyers

Dallas Personal Injury Attorney Tips Texas Accidents Medical Malpractice Work Injury Lawyers

Dallas personal injury lawyer/ attorney offering tips on what to do when you find yourself in a personal injury, accident or medical malpractice situation. Based the Dallas/Fort Worth Metroplex, the Kipness Law Firm has great experience dealing with common legal matters such as: Work Injuries, Dog Bites, Rail Road (Dart Light Rail) & city Bus Accidents & many other forms of personal injury cases throughout the great state of Texas. Get FREE answers to your questions and WATCH our videos by visiting our website at http://www.kiplawfirm.com . Call us at (214) 800-3454 or send a confidential e-mail at info@kiplawfirm.com.

Birmingham AL Personal Injury Attorney Jefferson County Work Accident Lawyer Alabama

Birmingham AL Personal Injury Attorney Jefferson County Work Accident Lawyer Alabama

http://www.mrblaw.com/ 205-879-1981 At Marsh, Rickard & Bryan, P.C. in Birmingham, AL we have been advocating for those who have been seriously injured since 1996. If you have been injured at work like Chris, we can help fight for your rights.