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CIVIL RIGHTS CLAIMS

“The world endures by virtue of three things: justice, truth, and peace.” – Rabban Shimon ben Gamliel, Pirkei Avot.

Civil rights, also known as enforceable rights, are rights that have been guaranteed and protected by the United States Constitution. United States laws protect against the denial of an individual's civil rights (discrimination) based on race, age, sex, religion, national origin, previous condition of servitude, and physical limitation. Civil rights law suits in the US have been tried in areas ranging from public education and public housing to employment, interactions with law enforcement, voting and access to public facilities. In the United States civil rights are enumerated in the Bill of Rights, the Thirteenth and Fourteenth Amendments and in the Civil Rights Act of 1964. In the United States, the Supreme Court has played a major role in increasing protections of civil rights.

 

This firm successfully sued several Texas governmental entities to protect our clients’ civil rights. We represented a nonprofit trade organization in its fight to protect its members’ rights against an economically discriminatory ordinance enacted by the city. We represented another nonprofit who was repeatedly targeted by another major metropolitan that had its eyes on the nonprofit’s claim to valuable real estate. We helped the families of inmates deprived of the very few rights they were still accorded. The Constitution exists for a reason. We cannot merely wait around for the government to show up and enforce it for us.

CAR & TRUCK WRECKS

“The injury we do and the one we suffer are not weighed in the same scales.” – Aesop

 

Automobile and truck crashes happen daily, hourly – every second of every minute. In 2014, over 5,000,000 vehicular wrecks occurred in the U.S. Of those, the National Department of Transportation reported that of those, hundreds of thousands resulted in injuries to the motorists and, sadly, more than 33,000 Americans died. These are staggering numbers, which have spiked over the past few years due to smartphone usage while driving.

And to whom do victims of these situations turn? While an insurance adjustor may answer your questions, the adjustor works for the insurance company and needs to protect the company's interests. Do you at all doubt the interest of an insurance company? Generally, it is to pay out the absolutely minimal sum of money in order to comply with that state’s contractual and statutory law. The adjuster’s mission is to lessen their exposure to blame and loss of money while shifting blame on to you if possible.

It is a shame that our system is what it is. But all too often insurance companies exploit individuals hoping to navigate their way to reasonable compensation of their personal injury without the assistance of an attorney. It is extremely important for you to have a competent trial attorney working for you before you give a statement to the insurance company adjuster.

Car wrecks can happen for many reasons. The basic elements of a car or truck accident are similar to any negligence claim. To prove somebody acted in a negligent manner causing recoverable damages (such as in an automobile accident), your injury attorneys must prove: Negligence and damages. Car wrecks can be the result of driver inattention, excessive speed, distractions and impairment.

Car wrecks that are the result of driver impairment are quite common. The impairment can be caused by many factors including cell/smart phone usage, drug and alcohol abuse, or simple inattention. DWI accidents can cause horrific injuries. Often the perpetrator has a history of driving while intoxicated and/or somebody else knowingly put the keys in his hand. Worse is how simple, everyday people with good intent will stare at a tiny screen on their lap to get meaningless updates and communications, rather than staring at the road ahead of them – consequences be damned!

The more serious your injuries — especially if they require surgery, extended treatment, or time away from work — the more you need a trial lawyer to advocate for your rights. In some cases, a claim for personal injuries from a car accident may also be brought against individuals other than the negligent driver. If the driver was working for another company or individual then the employer may be responsible for the driver's negligence and the resulting damages. Furthermore, even if not working, the owner of the vehicle may be liable for the negligence of the driver. This is known as liability for negligent entrustment. Under this cause of action, an owner of a vehicle that allows another to operate it can be held liable for his or her negligent driving. The owner - whether friend, acquaintance, parent, brother, sister, spouse or other relative - may be liable if they negligently entrusted the vehicle to somebody they knew, or should have known, to be a reckless, incompetent or unlicensed driver.

Car wrecks often result in injuries to bicycle riders. If your car accident happened while at work, you may be entitled to compensation from your employer.

18 WHEELER TRUCKS AND BUSES

“Little minds are tamed and subdued by misfortune; but great minds rise above it.” — Washington Irving

 

A semi truck crash can cause serious injuries, wrongful death and extensive property damage. This is not surprising. An 18 wheeler truck eclipses the average family sedan. Even the biggest truck is a fraction of the size and weight of the 18 wheeler. And who drives the 18 wheeler truck? How much sleep did they get the night before? Are they paying attention to the road? What is their driving record? Were they staring at their cellphones at the time?

If you or a family member has been the victim of a truck accident, talk to an experienced Houston truck crash lawyer about obtaining a maximum recovery. Trucking companies are held to high standards of safety. We will examine records to determine if those standards have been met. We will check maintenance logs, driver logs, safety inspections, state and federal certifications, and truck accident reports. We also examine skid marks, witness testimony, driving conditions and other critical accident scene evidence.The insurance company and trucking company will have lawyers on their side. You need a semi tractor-trailer truck crash attorney prepared to prove fault.

PREMISE LIABILITY / SLIP AND FALL

While wet floors, debris, and obstacles are the source of many injuries that occur in stores and homes, other premises accidents involve negligent security or other negligence. This firm represents injured clients who have sustained a back injury, neck injury, hip fracture, head injury, or other serious injury as a result of negligence. Wrongful acts of negligence subject to premises liability claims can involve dangerous conditions caused by inadequate maintenance, lack of security, or failure to correct hazards and building code violations on property. 

This firm represents a slew of various companies. And it must be acknowledged that business and industry have led this country to become the economic superpower that we are. We must value their contributions to our collective gains in standards of living. In the same sense, businesses have a responsibility to the humans that comprise it, its suppliers, contractors, customers, and even non-parties. Measures that can be taken to protect should be taken. While a lawsuit arising from premise liability might not ever heal a victim’s injuries, it may be the instigating cause for a business to change its practices and procedures so as to avoid another injury in the future.

PSYCHIATRIC HOSPITALS / NURSING HOMES

Your loved one is in a state of need. They need attention, they need specialized treatment, they need an infrastructure that can accommodate their existing infirmities. And they need love. You can only do so much on your own. It is only efficient that we put our faith in psychiatric hospitals and nursing homes to care for our family when we do not have the necessary skills, tools and infrastructure.

It is that much more important then that these psychiatric hospitals and nursing homes do their very best to protect the patients they are entrusted to treat and care for. These patients – our family – often cannot assist or even speak for themselves. It is an embarrassment that so many preventable injuries and death and humiliation are suffered by our loved ones at Texas psychiatric hospitals and nursing homes. It is a disgrace that the management of these facilities turns a blind eye to the abuses and negligence that happen so often.