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Divya Raj | Personal Injury and Insurance Law | Houston, TX

Divya Raj

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About

Divya Raj grew up in Austin, Texas, and earned a Bachelor of Arts degree in Government in 2014 from the University of Texas at Austin. In the summer of 2015, Divya had her first exposure to the personal injury field, when she was a law clerk at a personal injury law firm. Divya graduated with a Juris Doctorate degree, from Thurgood Marshall School of Law in 2017 and became a licensed attorney under the State Bar of Texas.

Divya is well versed in personal injury litigation and handles medical malpractice, slip and falls, motor vehicle accidents, 18-wheeler accidents, commercial motor vehicle accidents, and premise liability cases. Divya also handles insurance policyholder recovery disputes.

Divya is licensed to practice in Texas and is admitted to practice in the United States District Court for the Southern District of Texas and Fifth Circuit Court of Appeals.

Education:

  • Thurgood Marshall School of Law, J.D., 2017
  • University of Texas at Austin, B.A. 2014

Admission:

  • State Bar of Texas
  • United States District Court, Southern District of Texas
  • United States Court of Appeals for Fifth Circuit

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Envision McLaurin Law Advocating For You

When you hire a legal counselor to be your advocate, you need to select someone who will put you first. At McLaurin Law, you won’t simply be the next client or just another name. Instead, you can have peace of mind in knowing that bright, diligent, and highly capable attorneys will handle your insurance law or personal injury case with the utmost sensitivity and urgency. From the moment we commit to taking on your case, we will make your needs our top priority.
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Attention to Detail

In legal issues, the details of a case make a significant difference in outcomes. Insurance companies have this philosophy, too. But don’t worry. When it comes to your case, our attorneys will meticulously work through each step of the process, so you don’t have to. Our team will spend the necessary time to review documents, anticipate scenarios, prepare a strategy, and respond to the insurance company’s tactics.
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Passionate Advocacy

Our chief responsibility is to be your advocate towards recovering for your losses or injuries. However, we do much more than that. We are committed to helping you meet your goals and needs. Along with giving you the legal counsel you require, we work tirelessly to help you put your life back on track.
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Focus, Compassion, and Dedication

We understand that a denied insurance claim can be frustrating and demoralizing, and an injury case can feel overwhelming when you are already dealing with your medical recovery or property losses. Your experience is valid, and you need someone on your side who not only understands the personal impact of a denied claim or an accident, but who also is driven to navigate and leverage the intricacies of the legal system to seek fair and appropriate compensation that will make a difference in your life. The attorneys at McLaurin Law will devise a strategy that caters to your needs. We will not rest until you are satisfied with the outcome.

Guidance When You Need It Most

Though you may be confident in the validity of your claim, your opposition knows you are probably not as well-read in legal matters and insurance issues. At McLaurin Law, we have a detailed understanding of what is covered under different types of insurance policies and what can constitute a bad faith claim denial, and we are pleased to walk you through the claims process, file disputes or appeals, and handle other critical components of your case. Our skilled attorneys are prepared to properly fulfill these requirements, so trust us to be your advocates. We also incorporate the following approaches to benefitting our clients:

1

Providing Reliable Legal Services and Guidance Throughout Your Case

Our experienced attorneys will be by your side regardless of your legal needs. You may be struggling with how to move forward following an unfortunate event, or perhaps the insurance claims process is becoming complicated. We assure you that we will provide guidance for dealing with your situation, and we will take good care of your most vital legal needs and concerns.

2

Identifying and Considering Solutions In and Out of Court

When we take your case, we are prepared to advocate on your behalf and bring the case to court if necessary, but don’t assume that going to court is the only option. While this might be the optimum choice in some situations, we consider it to be a secondary approach if settling out of court makes more sense. Primarily, we will examine avenues to resolve the case outside of the courtroom. Negotiation, mediation, or arbitration are alternatives to litigation. However, if going to court is in your best interests, our attorneys have the experience and knowledge to successfully handle your case in court.

3

Empowering Clients to Move Forward and Thrive

Our focus is to help you navigate the complexities of insurance claims and seeking recovery for injuries. However, people choose us for more reasons than these. We want our clients and their families to be positioned on a path by which they can pursue their lives happily following an unfortunate event. We will counsel you on steps you can take to steer clear of obstacles and threats to your interests going forward.

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Frequently Asked Questions

What Should I Do If I Am Injured On A Maritime Fishing Boat Due To Someone Else's Negligence?

What Should I Do If I Am Injured On A Maritime Fishing Boat Due To Someone Else's Negligence?

If you’ve been injured on a maritime fishing boat due to someone else’s negligence, it’s crucial to take specific steps to protect your rights and maximize your claim. At McLaurin Law, we’ve handled several cases involving maritime fishing vessels, and we’re here to guide you through the process.

First and foremost, if you’re seriously injured, seek medical treatment immediately. Your health and safety come first, and severe maritime injuries often require immediate medical evacuation, sometimes by helicopter.

However, if your injuries are not life-threatening and you’re able to act, collecting evidence is vital. Here’s what you should do:

  1. Document the Incident: Take as many pictures as you can. There’s no such thing as too many photos when it comes to documenting an accident. Capture the scene, your injuries, and any equipment or conditions that contributed to the incident.
  2. Identify Witnesses: Note who was around you at the time of the incident. Collect the names and contact information of anyone who witnessed the accident. Their testimonies can be crucial for your claim.
  3. Report the Incident: Depending on the circumstances, get the authorities involved. This could be the police or the Coast Guard. An official report from an outside party can provide essential documentation for your case.
  4. Collect Insurance Information: If another party’s negligence caused the accident, gather their insurance information. This can be pivotal in pursuing your claim.

In larger incidents, it’s especially important to ensure that everything is well-documented. If you’re dealing with a situation like this, reach out to McLaurin Law for a free consultation. We’re dedicated to providing you with the best advice and representation to maximize your maritime claim.

Contact us at McLaurin Law, or call us at (713) 528-8012—we’re here to help you navigate the complexities of maritime injury claims and ensure you get the compensation you deserve.

What Are The Statute Of Limitations For Filing A Personal Injury Claim In Texas?

If you’re considering filing a personal injury claim in Texas, one of the most crucial pieces of information you need to know is the statute of limitations. At McLaurin Law, we frequently receive this question from clients and potential clients alike.

 

 

In Texas, the statute of limitations for personal injury claims is generally two years. This means you have two years from the date of your injury to file a lawsuit. However, there are some exceptions to this rule.

Sometimes, injuries aren’t immediately apparent, and it may take time to discover them. In such cases, the time frame for filing a claim can be extended. Additionally, if there are other causes of action, such as breach of contract or other theories of liability, the period to file might also be extended.

While the standard time frame is two years, it’s always safest to initiate your claim well before this deadline. Complex cases can involve multiple negligent parties or identifying the correct parties to sue, which can take time. Filing early helps ensure that all necessary details are addressed and that your claim is thoroughly prepared.

If you have a personal injury claim, it’s crucial to consult an attorney as soon as possible. At McLaurin Law, we’re available 24 hours a day to answer your questions and provide the guidance you need. Contact us promptly to ensure that you’re fully informed about your time frame for filing a lawsuit and to avoid any potential issues with the statute of limitations.

Don’t wait—contact McLaurin Law today at  (713) 528-8012, and let us help you navigate your personal injury claim within the required legal time frame.

I Was Injured When I Slipped & Fell In A Houston Grocery Store, What Steps Should I Take Right Away?

If you’ve been injured from a slip and fall in a Houston grocery store, it’s important to act quickly to protect your rights and strengthen your potential claim.

At McLaurin Law, we handle many such cases and recommend the following steps:

  1. Collect Evidence: Immediately take photos of the scene where you fell. Capture the conditions that caused your fall, such as wet floors or obstacles. If you’re unable to do so, ask someone else to take pictures for you. Evidence preservation is crucial, as establishments may clean up or alter the scene, making it difficult to prove your case later.
  2. Report the Incident: Notify the store management and ensure that an incident report is filed. While you should avoid making detailed statements or agreeing to interviews without legal advice, it’s important to follow the store’s procedure for reporting accidents.
  3. Seek Medical Attention: Get medical treatment as soon as possible, even if your injuries seem minor. Prompt medical attention not only ensures your well-being but also documents your injuries. Delays in treatment can be used against you, with insurance companies arguing that your injuries were not severe or were caused by something else.
  4. Contact an Attorney: Engage a personal injury attorney immediately. An attorney will send preservation letters to the establishment, ensuring they keep all relevant evidence. Without this step, businesses might "lose" or dispose of evidence critical to your claim.
  5. Document Everything: Keep detailed records of your medical treatment, expenses, and any communication with the store or its insurance company. This documentation will support your claim and help in securing fair compensation.

If you need help with your slip and fall incident, contact McLaurin Law for a free consultation by calling us at (713) 528-8012. Our team is dedicated to providing the best advice and ensuring you receive the compensation you deserve. Don’t hesitate to reach out—your well-being and legal rights are our top priority.

What Are Common Mistakes That Truck Accident Victims Often Make?

If you’ve been involved in an accident with a truck or an 18-wheeler, it’s crucial to avoid common mistakes that could impact your claim.

At McLaurin Law, we frequently represent clients in these cases, and here are some pitfalls you should be aware of:

  1. Failing to Collect Evidence: In the chaos of an accident, you might forget to gather crucial evidence. However, taking photos of the scene, documenting the damage, and noting down witness information is essential. Remember, there’s no such thing as taking too many pictures.
  2. Not Calling the Police: Sometimes, the other party may suggest handling the situation without involving the police or insurance companies. This is a red flag. Always call the police to ensure a formal report is filed and insurance information is exchanged. This documentation is vital for your claim.
  3. Delaying Medical Attention: After an accident, adrenaline can mask pain, and you might not feel injured immediately. However, failing to see a doctor right away can hurt your claim. Insurance companies may argue that your injuries are not severe if there’s a delay in seeking medical care. Even if you feel fine, get a medical check-up to document any potential injuries.

In addition to these steps, contacting an attorney as soon as possible can help protect your rights. At McLaurin Law, we are available 24/7 to provide guidance. We’ve had clients call us from the accident scene for immediate advice on what to do, and we’re always ready to help.

Avoid these common mistakes to ensure you have the best chance of a successful claim. For free consultations and expert advice, don’t hesitate to reach out to McLaurin Law at (713) 528-8012. We’re here to help you navigate the aftermath of a truck accident and secure the compensation you deserve.

If I Am Hit By a Drunk Driver in a Texas Accident, Can I Sue the Driver?

Texas, like many other states, is a hotbed of drunk driving accidents. In 2022, 1,162 people were killed in alcohol-related collisions in Texas, or the equivalent of about three people per day.

If a drunk driver hit you on our Texas roads, you likely want justice and compensation from them. You wouldn’t have been injured had that driver not slipped behind the wheel. And if you lost a loved one in the crash, they’d still be here today.

 

Below, a Texas DUI attorney explains what you need to know about suing drunk drivers.

Texas Allows Accident Victims to Sue Drunk Drivers

Texas takes a tough stance against drunk drivers. Accident victims are free to sue them for all damages, which may include:

  • Any accident-related medical bills
  • Property damage to your vehicle and belongings
  • Lost wages if you can’t work
  • Loss of earning potential if you’ll never fully recover
  • Pain and suffering
  • Mental anguish (depression, anxiety, etc.)

Additionally, a judge may choose to award you punitive damages. These are damages intended to punish the drunk driver for their actions.

A Texas DUI attorney can tell you which types of damages you might be able to recover for your accident.

Dram Shop Liability Lawsuits

It may surprise you to know that you can also hold liquor stores, bars, and other businesses that sell alcohol accountable for the accident. This is called “dram shop liability.”

You can hold a Texas business responsible if:

  • They served alcohol to a minor
  • They served alcohol to someone who was visibly intoxicated

You can pursue a claim against the business as well as the driver who hit you. If you’d like to know how to do this, reach out to a Texas DWI attorney.

How to Sue the Drunk Driver and Win

It’s usually fairly easy to win drunk driving accident cases. When police show up at the scene, they’ll test the at-fault driver’s blood alcohol content (BAC). If it’s over the limit, they’re liable for the crash.

It never hurts to prepare yourself before filing a lawsuit. Here’s what to do:

  • Take pictures of your injuries, your car, the car that hit you, and anything else that seems important at the accident scene.
  • Talk to witnesses. They may have seen the other driver swerving or acting erratically. If the accident happened near a liquor store, restaurant, or bar, go inside and ask whether anyone saw the intoxicated person. If you wish to file a dram shop liability lawsuit, you can use their statements as evidence.
  • See a doctor to document your injuries. If you don’t do this, you’ll have no way to prove the extent of your injuries.
  • Hire a good lawyer. You stand a better chance of winning your case with an experienced attorney’s help.

Consequences for Drunk Drivers

Drunk drivers are responsible for accident-related damages, but that’s not the only consequence they face. Drivers with a DWI charge may have to do community service and temporarily or permanently lose their license. If the accident killed someone, they may even have to go to jail.

If you hit someone while intoxicated, it would be wise to contact a criminal defense lawyer right away.

McLaurin Law Can Help You Seek Justice for Your Drunk Driving Accident

Drunk drivers are responsible for causing thousands of injuries and deaths per year. If you’ve suffered injuries because of a drunk driving accident, our attorneys at McLaurin Law, PLLC will fight hard to recover damages for you.

For a consultation with a Texas DUI attorney, call 713-231-5903.

What Damages Can I Recover for Bad Faith?

So, you’ve filed an insurance claim, and the insurance company is giving you the runaround regarding your claim. Sadly, this is an all-too-common scenario. The insurance company wants to avoid paying you so naturally, it will do everything possible to avoid doing so.

Insurance companies must act in good faith under Texas law, but not all do. If you suspect your insurance company is acting in bad faith with regard to your insurance claim, reach out to an attorney with McLaurin Law now for legal advice about the prospects of your case.


What Does It Mean for an Insurance Company to Act in Bad Faith?

Insurance companies must act according to an implied covenant of good faith and fair dealing, often simply shortened to “good faith.” This means you agree to pay your monthly premiums, and, in return, in the event you have an insurance claim, the insurance company agrees to act in good faith when investigating, adjusting, and settling, or paying out your insurance claim.  

Some insurance companies breach that agreement or act in bad “bad faith” when handling your insurance claim.  Why would an insurance company do this? It’s simple: The insurance company doesn’t want to pay your claim. And, if it must pay, it would prefer to give you as little money as possible. 

Insurance companies act in bad faith by resorting to the following tactics:

  • Refusing to pay a valid or properly-covered claim
  • Denying your claim without good cause
  • Undervaluing and underpaying your claim, attempting to pay you less than you’re rightfully owed for your claim
  • Failing to conduct a reasonable, good-faith investigation of your claim
  • Unreasonable delaying processing of your claim (for instance, “losing” your paperwork)
  • Misrepresenting policy language
  • Refusing to pay for all covered damages

If your insurance company pulls any of these tricks, you may have a bad faith claim against your insurance company.

Types of Compensation You Can Recover for Bad Faith

The law is on your side if an insurance company acts in bad faith. You can seek compensation in the form of contractual damages, extracontractual damages, punitive or exemplary damages, and attorney’s fees. 

Contractual Damages

Contractual damages are the amount you’re rightfully owed in payment for your claim pursuant to the provisions of your policy and the law.

Extracontractual Damages

Extracontractual damages include damages for bad faith conduct and non-prompt processing of your claim. This may include interest on that amount rightfully owed to you for your claim. For instance, if the insurance company denies your $25,000 claim, they may have to pay you the full amount of the claim, as well as interest on that amount. In some instances, you may be entitled to recover damages for mental anguish you suffered as a result of the insurance company’s bad faith conduct in handling your claim or bad faith denial of your claim.  

Punitive or Exemplary Damages

Punitive or exemplary damages are those the jury or judge may award you to penalize the insurance company for its bad faith conduct in handling and settling your insurance claim if you’re able to show that the insurance company acted knowingly or deliberately.    

For example, if you can show that the insurance company knowingly or deliberately denied your claim on the basis that it is not covered, even though it is reasonably clear that your claim, in fact, is covered under your policy, the jury may award you punitive or exemplary damages of up to three times your actual damages.  

Contact McLaurin Law If You Believe the Insurance Company Acted in Bad Faith

Insurance companies have far deeper pockets than the average person. If you have a bad faith case, trying to stand up to the insurance company on your own is unwise. Instead, let our attorneys at McLaurin Law tackle this challenge for you.

For a consultation, call us at (713) 528-8012.

Fire Damage Claims

FAQs About Fire Damage Claims

Below are some frequently asked questions about Fire Damage Claims:

How Can A Houston Fire Damage Attorney Help Me File And Manage My Claim?

At McLaurin Law, our lead fire insurance claim lawyer worked for years as an insider for insurance companies. Jason C. McLaurin knows their tactics to deny and underpay claims. Most people don’t know that homeowners can file appeals or lawsuits against their insurance companies to pursue qualifying damages suffered as a result of a fire at their home or business.

A fire damage claims attorney with our firm can help you review your homeowners or commercial insurance policy to determine what damages your policy covers in the event you need to file a fire damage claim. We can also represent your interests when the insurance adjuster has additional questions about your claim and help you gather the necessary documentation to facilitate full payment by your insurance company for all damages your home or business has suffered due to a fire.

What Are Common Types Of Fire Damage?

A fire damage claim entails more than just the damage the flames cause to your home or business. Fire damage can include secondary damage due to the presence of the fire and attempts to put it out. Types of fire damage that may require remediation include:

  • Flame damage from the fire itself, including burning, charring, and destruction
  • Smoke or soot damage that persist on your walls, ceilings, and flooring/carpeting, as well as lingering odors and other hazardous by-products within your ventilation or HVAC system that could cause serious health problems when inhaled, particularly if you are forced to continue to live or work at the property following the fire
  • Water damage from efforts to extinguish the flames
  • Chemical damage from chemical suppression systems, burned objects releasing toxic fumes, and exposure to the flames by household and commercial chemical products

Will My Homeowners Or Commercial Insurance Cover Fire Damage To My Home Or Business?

Most policies cover damage due to fire. However, have a fire damage claims attorney from our firm review your policy to ensure that you file your claim correctly. Most insurance companies automatically deny claims that don’t follow their filing procedures.

How Do I Find A Reputable Fire Damage Attorney Near Me?

You can search online for “fire damage attorney near me” to find attorneys nearby who work with fire claims. If you live in or near Houston, TX, the knowledgeable fire claims attorneys at our firm, McLaurin Law, are ready to help. We have over a decade of experience helping clients fight for appropriate compensation after a home or business fire. Call us at (713) 461-6500 when you need more than luck!

Flood Damage Claims

FAQs About Flood Damage Claims

Below are some frequently asked questions about Flood Damage Claims:

What Are The Common Causes Of Flood Damage Claims?

Many flood claims in Texas stem from natural disasters like hurricanes or heavy rains. Flood insurance in Texas does not cover other sources of water damage, such as broken pipes, sewer backups, or water intrusion through your roof or walls.

Your homeowners’ insurance policy likely does not cover flood damage. If you live in a high-risk area, your mortgage company probably requires you to carry flood insurance. However, the National Flood Insurance Program (NFIP) reports that over 40% of its claims come from low-risk flood zones. Consider purchasing flood insurance before you need it, even if you live in a low-risk area.

What Can I Do Myself After A Flood?

Your insurance provider will want you to leave as much damage in place as possible for their adjuster to assess your claim. However, your insurer also wants you to do your part to mitigate further damage to your home and belongings. Our Houston flood damage lawyers recommend documenting all damage with photos and video before you begin cleanup.

Steps you can take include using a wet-dry vacuum to remove as much water as possible and boarding up broken windows to prevent more water from getting in. Remove any bedding materials or wet carpeting to allow things to begin drying out.

Can A Houston Flood Damage Attorney Help Me Understand My Insurance Coverage?

If you need help understanding your insurance coverage to file a claim, your flood damage claims attorney can review your flood insurance policy to help you determine the following:

  • Whether your claim qualifies for coverage
  • What evidence you should gather for your claim (photos, videos, qualifying costs of damaged items, etc.)
  • How long you have to submit your claim to the insurer after the damage

How Do Houston Flood Damage Attorneys Help Clients With Flood Damage Claims?

Insurance companies often don’t want to pay the full value of a claim and might deny your claim outright. A flood damage claims attorney can help you understand your policy and fight a claim denial from your insurance company.

A Houston flood damage attorney at McLaurin Law can help you gather additional evidence for your claim appeal, speak with insurance company adjusters on your behalf, and help you file a lawsuit against the insurance company for a bad faith denial. When you need more than luck, call us at (713) 461-6500.

Oil & Gas Claims

FAQs About Oil & Gas Claims

Below are some frequently asked questions about Oil & Gas Claims:

What Kinds Of Insurance Coverage Do Oil And Gas Companies Need In Texas?

Oil and gas companies need several types of operational and business coverage to insure themselves against workers’ compensation claims, environmental damage claims, property damage liability, and more. An oil or gas company needs four basic types of insurance policies:

  • General Liability. This is your basic catch-all insurance liability policy for property damage or personal injury.
  • Products/Completed Operations Liability. Usually part of your general liability coverage, this part of your policy covers manufactured equipment or products used in drilling, refining, or transporting oil or gas.
  • Workers’ Compensation. You need employees to work your operations, and your employees need coverage in case of injury on the job.
  • Pollution Liability. Leaks, byproduct spills, and fires can all pollute the area around your site. Protect your company from bankruptcy with pollution liability coverage.

Can A Houston Oil And Gas Attorney Help Me File And Manage A Claim?

Yes, an oil and gas claims attorney with our firm can help you determine which insurance policy best suits the damage or injury and how to file a claim with your insurer. One of our attorneys can also review your current policies and look for gaps in coverage to recommend additional insurance coverage for better protection against claims and lawsuits.

Our oil and gas attorneys can help you manage your claim and submit the appropriate evidence to the insurance company. After filing the claim, we can also represent you with the insurance adjusters to help you focus on resuming operations.

Can Your Firm's Oil And Gas Attorney Help Me Understand My Insurance Policies?

Yes, an attorney with our firm can review your insurance policies to inform you about your coverage, policy limits, and when you can file a claim. We can also look for gaps in coverage and recommend additional policies to protect your interests.

How Do Oil And Gas Attorneys Help Companies With Environmental Claims?

Spills, leaks, water contamination, and seismic damage due to oil drilling and fracking for gas can bankrupt an oil or gas company after paying for clean-up, personal injury and property damage lawsuits, and EPA fines. An oil and gas claims attorney with McLaurin Law can review your pollution liability policies to determine your policy limits and help you qualify for a claim. Call us at (713) 461-6500 when you need more than luck!

Life Insurance Claims

FAQs About Life Insurance Claims

Below are some frequently asked questions about Life Insurance Claims:

Can A Life Insurance Attorney With Your Firm Help Us Understand Our Loved One's Policy?

Yes. A life insurance attorney must be able to read the policy and help a decedent's loved ones understand the benefits, conditions, and coverage outlined in the policy. One of our life insurance lawyers can help you and your family interpret your family member's life insurance policy to find named beneficiaries, policy limits, and coverage conditions.

What Is The Unclaimed Life Insurance Benefits Act?

Also called the National Conference of Insurance Legislators (NCOIL) Model Act, this legislation standardizes unclaimed life insurance policy measures that insurers must carry out in order to discover beneficiaries with a legal claim to receive death benefits.

Adopted nationally in 2011, the NCOIL Model Act requires insurers to search the Social Security Administration's Death Master File at least semi-annually to find decedent policyholders. They then have 90 days to notify policy beneficiaries.

The Unclaimed Life Insurance Benefits Act helps beneficiaries nationwide receive millions of dollars in unclaimed death benefits each year when they need it most.

How Do I Find A Qualified Life Insurance Attorney Near Me?

If you need help dealing with a life insurance claim or don't know where to start to file a claim, you can search online for "life insurance attorney near me" to find a lawyer who handles life insurance claims in your area. However, how can you determine whether an attorney knows the proper laws for filing and managing a death benefits claim?

For legal advice concerning a life insurance claim in or near Houston, TX, contact us at McLaurin Law, PLLC. We have represented Texas life insurance beneficiaries since 2007.

Can A Life Insurance Attorney Help Us File A Claim?

Yes, a life insurance attorney with our firm can help you file a claim. You will need to complete a claim form to submit to the insurance company and provide documentation of your loved one's passing. Most insurance companies require beneficiaries to submit the following:

  • An individual claim form for each beneficiary
  • Documentation about the decedent, including name, date of birth, address, resident status in the state, and the date and cause of death
  • The decedent's Social Security or policy number
  • The decedent's death certificate (some insurers may require an original certified death certificate)

Call us at (713) 461-6500 when you need more than luck!

Maritime Law

FAQs About Maritime Law

Below are some frequently asked questions about Maritime Law:

Do I Need a Houston Maritime Attorney?

You don’t have to hire a maritime lawyer if you have been injured offshore, but it’s usually in your interest to do so. Maritime injury cases can be complex, often involving state and federal regulations. Maritime law is an area of personal injury with unique legal complexities. Not all lawyers have knowledge or experience in it, but those who focus on maritime law can handle these cases effectively on behalf of their clients.

We have many years of experience handling maritime accident claims and protecting the rights of seamen at McLaurin Law. A Houston maritime work injury lawyer from our team can review your case, explain your options, and support you if you seek compensation.

Am I Eligible For Compensation Under The Jones Act?

If you are a maritime worker and suffered injuries offshore while on the job, you may be able to sue your employer for damages under the federal Merchant Marine Act of 1920, also known as the Jones Act.

To qualify, you must spend at least 30% of your working time on a vessel in navigation. The law considers vessels to be in navigation if they are:

  • Capable of moving
  • In operation and afloat
  • On navigable waters

Are There Other Avenues For Compensation Other Than The Jones Act?

The Jones Act isn’t the only federal law that protects injured maritime workers. Other offshore injury laws include:

  • The Outer Continental Shelf Lands Act: This law provides workers’ compensation benefits to certain offshore workers.
  • The Longshore and Harbor Workers’ Compensation Act: The Longshore Act provides medical and rehabilitation compensation for workers who load, unload, or build ships.
  • The Death on the High Seas Act: Under this law, bereaved families can seek compensation for loved ones who died at sea.

An experienced maritime lawyer from our team at McLaurin Law can review your case and explain which laws apply and what avenues of redress may be open to you.

What Maritime Cases Can You Assist Clients With?

At McLaurin Law, we help clients with a range of maritime injury cases, including:

  • Falls overboard
  • Repetitive use injuries
  • Commercial fishing accidents
  • Commercial shipping accidents
  • Chemical exposure from toxic cargo
  • Slip-and-fall accidents on passenger vessels
  • Injuries involving equipment, such as cranes or forklifts, when working on or near navigable waters

Maritime law is complicated, but an experienced Houston maritime attorney can explain your options and protect your interests. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with a maritime lawyer from our team at McLaurin Law.

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Should I Take What the Insurance Company Offers Me?

Typically, the answer to this is absolutely not. Insurance companies are looking out for their own best interests and will try to get you to settle for an offer that is far below what you deserve. At McLaurin Law, we can help you seek an appropriate settlement.

What's the Time Limit for Filing a Claim?

After an accident, you should typically file a claim with the insurance provider of the negligent party who is responsible for your accident. It is important that you move with haste in filing a personal injury claim with the insurance carrier after an injury has occurred. Should a lawsuit eventually become necessary, it is also important to keep in mind that in the state of Texas, you must file a personal injury lawsuit within two years of the date the injury occurred.

Theft And Vandalism Claims

FAQS About Theft And Vandalism Claims

Below are some frequently asked questions about Theft and Vandalism Claims:

What is the difference between vandalism and theft, and how might it affect my claim?

Commercial insurance policies often cover losses due to vandalism, or the intentional destruction or defacement of property, but will not cover theft or burglary losses. This can be particularly complicated in cases where vandalism leads to the theft of certain items on the premises.

Homeowners’ and renters’ insurance policies generally cover vandalism and theft for residential properties. If you own your home, your homeowners’ policy will cover damage to the structure and your contents or personal belongings. If you rent your home, the property owner’s policy will cover damage to the property, while your renters’ insurance will cover your personal belongings inside the home.

Can my insurance company adjust my coverage based on my risk?

Insurers often don’t like paying claims for damages sustained by their policyholders. They may assess the risks associated with your home or business location and income levels and adjust their coverage limits, so they have a decreased responsibility to pay for damages due to theft or vandalism.

For commercial policyholders, your insurance company may require you to minimize the risk of vandalism or theft. Your insurance company could require you to install security cameras and devices, advanced locking systems, and appropriate lighting. Your insurance company could still require higher coverage limits if your business is in an area that reports an increased number of thefts or vandalism.

Why did my insurance company deny my theft or vandalism claim?

There are several reasons your insurance company might deny a claim. A vandalism and theft attorney from our office can help you review your policy and claim denial to determine the following:

  • Whether you can prove you owned the items listed in your claim
  • Whether you can prove that a break-in led to the vandalism or theft
  • Whether you know the value of the items taken or the damage caused
  • Whether you took proper preventive measures
  • Whether you have appropriate business interruption coverage in your policy (for commercial property owners)

How can a theft and vandalism insurance lawyer help me file and manage my claim?

A theft and vandalism lawyer with our firm can help you determine which losses listed in your policy best fit the situation and file the appropriate evidence for your claim. Your theft and vandalism claims attorney can also speak with the insurance adjusters on your behalf. Call us at (713) 461-6500 when you need more than luck!

Freeze Damage Claims

FAQS About Freeze Damage Claims

Below are some frequently asked questions about Freeze Damage Claims:

What kind of damage happens during freezing weather?

Freeze damage from winter storms can lead to several different problems around your home or business. Water on exterior surfaces of a building can freeze, while water inside important plumbing systems can freeze and cause pipes and drainage systems to malfunction or burst.

Sudden temperature drops can result in catastrophic damage to your home or business, including:

  • Ice dams on roofs that damage the waterproof underlayment, causing leaks and water intrusion through the roof and into the home or structure, either immediately or over time.
  • Frozen pipes in and around your home or business bursting or breaking resulting in sudden and accidental discharge of water into your home.
  • Strained heating systems failing, leading to other issues as indoor temperatures drop
  • Ice-covered branches and power lines falling on your home or business and causing damage to your roof or starting an electrical fire.
  • Sewer backups from frozen wastewater.
  • Flooding due to snow melt.

What exclusions can I expect in my homeowners’ or commercial business insurance policy?

While your insurance policy considers freezing to be a typical insurance peril that your home or business could face, your insurance company probably has strict definitions for what qualifies as covered damage resulting from freezing.

Most policies exclude any damage related to flooding or sewage backups. You would need a separate flood insurance policy to cover damage from flooding due to a natural disaster. Additionally, you may need to add a service line rider to cover issues with your sewer line if it fails due to freezing.

How can a freeze damage claims lawyer help me with my claim?

Remember that your insurance adjuster is looking for any reason to deny or underpay your claim. Freeze lawyers representing you with your claim can speak on your behalf when interacting with your insurance company. This can help prevent possible slips of the tongue, such as referring to burst pipe water damage as flood damage and invalidating your claim.

Can a Texas freeze lawyer help me if my insurance company denies my claim?

Yes. A freeze damage claims attorney with our firm at McLaurin Law in Houston, TX, can help you gather additional evidence of damage to your home or business to file an appeal with your insurance company and reopen your claim. If your insurance company won’t review your claim under appeal, we can help you file a suit for a bad faith claim denial. Call us at (713) 461-6500 when you need more than luck!

Wind And Hail Damage Claims

FAQS About Wind And Hail Damage Claims

Below are some frequently asked questions about Wind and Hail Damage Claims:

What do I need to file a wind or hail damage claim with my insurance company?

You will need evidence that the damage your home sustained came from wind or hail.

Common signs of wind and hail damage include:

  • Lifted, torn, broken, or missing shingles
  • Fallen tree limbs or uprooted trees
  • Impact strike marks from hail
  • Dents from hail, especially on metal roofing features or vinyl siding or fencing
  • Broken windows from debris strikes
  • Broken or loose gutters and downspouts

Get an inspection if you suspect your home sustained damage during a recent storm. Roofing contractors with certifications in home inspections will often be willing to mark and take photos of the damage they identify during inspection of your home and roof. A wind and hail damage attorney with our firm can use their reports to fight for approval of your claim with your insurance company.

How can a Houston wind damage lawyer help me manage my claim after a storm?

Call our McLaurin Law wind claims attorney if your home shows signs of wind damage after a hurricane, tropical system, or particularly windy day. We can help you file your claim with your insurance company and represent you when the insurance company’s claims adjuster has additional questions.

Many insurance companies try to deny or underpay claims based on arbitrary rebuttals. For example, if you have both wind and hail damage, they may reject a portion of the claim because you filed a wind claim.

How can a hail damage lawyer help me get my roof repaired or replaced?

Hail damage often affects roofs more than any other part of the home. Sometimes hail only damages part of a roof, requiring a simple repair. Other times, you’ll have enough roof damage to require a full roof replacement. A McLaurin Law attorney can work closely with your roofer and insurance company to fight for full claim approval.

What if my insurance company still denies my claim?

Insurance companies often deny claims despite ample evidence of legitimate storm damage. When this happens, the next step is to file a lawsuit against the insurance company with the guidance of a wind and hail damage claims attorney. If your insurance company denies your claim, contact us. Call McLaurin Law in Houston, TX, at (713) 461-6500 when you need more than luck!

Maritime & Marine Insurance Claims

FAQS About Maritime & Marine Insurance Claims

Below are some frequently asked questions about Maritime & Marine Insurance Claims:

What are the main policies I need for my boaters or commercial marine insurance?

Whether you’re a private vessel owner or a commercial marine business owner, your insurance should consist of three main parts:

  • Hull insurance. These policies cover physical damage to your vessel, either on an “all-risk” or “named perils” basis. Common perils include storms, theft, fires, collisions, and other accidents.
  • Cargo insurance. These policies cover losses to physical goods in transit on a ship and can cover an individual shipment of goods or any shipment during the policy period.
  • Protection and indemnity (P&I). Protection and indemnity insurance covers specific damages and liability associated with owning or operating a vessel not covered by workers' compensation, cargo insurance, or hull insurance.

Other policies you should consider as a private boat owner include uninsured boaters’ insurance. If you’re a commercial vessel business owner, you need workers’ compensation coverage, pollution liability coverage, crew coverage (especially in commercial fishing), and commercial fishing nets and gear coverage.

What are common exclusions in maritime policies?

Your maritime and marine insurance claims attorney from McLaurin Law can help you understand your policy and what damages qualify for a claim. However, not all damages or injuries will qualify. Most boaters’ insurance and commercial marine insurance policies exclude the following:

  • Owner insolvency
  • Normal leaks not caused by collisions or other damage
  • Willful misconduct
  • War, riots, or civil commotion
  • Improper packing of cargo
  • Radioactive exposure or contamination
  • Other exclusions

How can a boat insurance lawyer help me file and manage a boaters insurance claim?

Our maritime insurance lawyer can review your policy to determine what steps you need to file your claim. We can also help you learn whether you can claim the replacement cost for repair or replacement, the actual cash value of the current value of the vessel, or the agreed amount value up to the policy limit.

How can a maritime insurance lawyer help me with a commercial marine claim?

An insurance claim denial can be a crushing blow when your business is on the line after damage or loss of a ship or cargo. A maritime and marine insurance claims attorney with McLaurin Law in Houston, TX, can help represent you during the insurance company’s investigation and file suit against the insurance company if they deny your claim in bad faith. Call us at (713) 461-6500 when you need more than luck!

Commercial Insurance Claims

FAQS About Commercial Insurance Claims

Below are some frequently asked questions about Commercial Insurance Claims:

What commercial insurance do I need for my business?

Our commercial insurance claims lawyer can review your business model and operations to determine if you need additional insurance coverage beyond general liability coverage, workers compensation coverage, and commercial property insurance. In fact, most business owners should carry several insurance policies, including:

  • General commercial liability insurance
  • Professional liability/errors and omissions insurance
  • Workers’ compensation
  • Business interruption insurance
  • Product liability
  • Commercial property insurance
  • Commercial umbrella policy
  • Cyber liability
  • Commercial auto insurance (if your business has vehicles/drivers)
  • Employment practices liability insurance (EPLI)
  • Directors and officers insurance (D&O)
  • Liquor liability insurance (for bars, restaurants, and locations that sell alcohol)
  • Inland marine insurance (if you transport materials or equipment)

Does my oil or gas company need additional commercial insurance?

Yes, oil and gas companies need additional commercial insurance for pollution liability to cover their legal fees and expenses in case their operations inadvertently cause an environmental accident. Spills and leaks can bankrupt even large oil and gas companies between bad publicity, clean-up costs, lawsuits, and EPA fines.

How will a commercial insurance claims lawyer help me navigate my claim?

Our commercial Insurance litigation attorneys can help you with every step of your claim process, including:

  • Reviewing your insurance policies to determine how much coverage you qualify to receive and any conditional terms in your policy
  • Gathering evidence for the claim on-site, such as taking photos of broken windows or locks for a theft or vandalism claim
  • Helping you complete the appropriate forms to file the claim with your insurer
  • Communicating with the insurance company on your behalf
  • Submitting additional evidence to the insurance company as requested
  • Helping you file an appeal for a denial
  • Taking your claim to court if the insurance company acts in bad faith

Can a commercial insurance claim lawyer help me with a claim denial?

Yes. Our commercial insurance claims attorney can review your claim’s relevant evidence and determine if the insurance company denied your claim in good faith. We can help you submit an appeal for review with additional evidence or file a suit against your insurance company in court to pursue the appropriate compensation for your damages.

Insurance adjusters often try to deny or underpay claims. Having a commercial claims attorney from our firm, McLaurin Law in Houston, TX, on your side can help keep the insurance company honest about real damages your business has suffered. Call us at (713) 461-6500 when you need more than luck!

 

Bad Faith Insurance Claims

FAQS About Bad Faith Insurance Claims

Below are some frequently asked questions about Bad Faith Insurance Claims:

What can I do if my insurance company is working against me?

Generally speaking, Texas requires insurers to act in good faith. At a minimum, this means that your insurance company must:

  • Not make false representations of fact or misrepresentations to you.
  • Promptly acknowledge your claim and begin its investigation of your claim, including assigning an individual adjuster to schedule a date and time to come out to your home to inspect the damage to your home.
  • Make a prompt, fair, and equitable determination of your claim, including promptly accepting or denying your claim and paying your claim.
  • Not undervalue or underestimate the cost to repair and/or replace your covered damage in an attempt to underpay your claim.
  • Explain the basis in fact and under the policy for its decision to deny your claim, in whole or in part.

If your insurer is not communicating or cooperating, your insurer may be acting in bad faith. If so, you should speak immediately with a McLaurin bad faith insurance claim attorney about your problems. Then, during a free strategy session, we will listen to your concerns and advise you of your options in detail.

Unfortunately, it is common for insurance companies to violate these provisions and act in bad faith. If you suspect your insurance company is acting in bad faith, schedule an appointment with us today.

What should I do if I tell my insurance company about a claim but have yet to hear back?

Texas places deadlines on insurance companies to ensure that they act efficiently. After you inform your insurance company of a claim, they have:

  • 15 business days to acknowledge receipt of your claim, in writing, commence investigation of your claim, and request from you all items, statements, and forms that the insurer reasonably believes, at that time, will be required.
  • 15 business days after the date they receive all items, information, statements, and forms requested from you, your insurer must notify you, in writing, of its acceptance or rejection of your claim, or advise you of its reasonable request for additional time to make its determination and notify you of it.
  • 5 business days after providing you notice of its acceptance of your claim, in whole or in part, they must pay your claim.
  • ***All of these deadlines are extended for an additional 15 days in the event of a weather-related catastrophe or major natural disaster.

If your insurance company has not sent any paperwork and it has been longer than 15 business days, contact a McLaurin Law bad faith attorney. We have fought with insurance companies on behalf of our clients for over a decade. One of our bad faith insurance lawyers will sit down with you for a free strategy session to review your options.

I don't understand the claim paperwork from my insurance company. Can you help?

Yes. We have helped clients through the claims process for over a decade at McLaurin Law. You must understand the paperwork and respond before any deadlines expire. The paperwork should contain your proof of loss forms, including an itemized list of damage that your policy should cover.

The fact that your insurance company sent the paperwork late may constitute bad faith. Call us today to speak with a bad faith insurance attorney.

Can my insurance company cancel my insurance without letting me know?

No. Texas law requires a ten-day written notice, and your policy may include greater protections. A suddenly canceled policy is evidence of bad faith.

When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced bad faith insurance claim attorney.

Hurricane Insurance Claims

FAQS About Hurricane Insurance Claims

Below are some frequently asked questions about Hurricane Insurance Claims:

Does my homeowners' insurance include coverage for hurricane claims?

Hurricane insurance claims are complicated, but your homeowners' insurance policy may pay for part or all damage to your home resulting from a hurricane, including replacement of your roof and other repairs.

If you are uncertain about your coverage, schedule a consultation with an experienced hurricane insurance claims attorney at McLaurin Law.

What should I do after a hurricane damages my home?

Your chances of being fully compensated for all of your hurricane damage can be improved by thoroughly documenting the damage to your home after a hurricane and also documenting the condition of your home and roof prior to a hurricane. This documentation includes the following:

  • Take photographs and/or videos of the areas of your home, both exterior and interior, that have been damaged by the hurricane taken as soon after the hurricane as soon as possible.
  • Make a detailed list or notes of the areas of your home, both exterior and interior, that have been damaged by the hurricane.
  • Take photographs and/or videos of contents or personal belongings at the home that have been damaged as a result of the hurricane.
  • Make a detailed list of your contents or personal belongings at the home that have been damaged as a result of the hurricane as soon after the hurricane as soon as possible.
  • Review your insurance policy and any endorsements to your policy.
  • Contact your insurance company’s claims department to file a claim and diligently and actively pursue the claim process after filing your claim.
  • Keep a log of all persons you speak with at the insurance company about your claim, including their first and last names, email address, and direct phone numbers.
  • Research and contact local contractors and roofers who are able to visit your home and provide a written estimate/quote of the cost of repairs and/or replacement of the hurricane damage to your home.

The critical thing to remember is to act thoroughly and quickly. The documentation you gather shortly after the hurricane can assist you down the road, especially if you need a Texas hurricane insurance lawyer to help you with your claim.

McLaurin Law has over a decade of experience fighting insurance companies on their client's behalf. In addition, you may schedule a free strategy session with a hurricane insurance claims attorney if you have other questions or concerns.

What damage should I look for after a hurricane?

As Texans on the gulf coast know all too well, hurricanes can cause extensive, even catastrophic, damage to your home or business. When documenting the damage after a hurricane, be sure to look for the following signs of damage:

  • Water damage vs. flood damage
    • Your home may suffer water damage as a result of a hurricane, but it’s important to know the different types of water damage, especially because while water damage is typically covered under your homeowners’ insurance policy, flood damage is not.
      • Flood damage to your home can arise during a hurricane when water enters your home due to storm surge, overflow of inland or tidal waters, and/or rapid accumulation or runoff of surface waters from any source. Flood damage is generally not covered under your standard homeowners’ insurance policy.
      • Non-flood-related water damage to your home that arises as a result of a hurricane generally is covered by your homeowners’ insurance policy and results when strong or hurricane force winds damage the exterior or structure of your home, which thereafter causes water to intrude into your home and cause damage to the interior of your home (i.e., ceilings, walls, sheetrock, etc.) and your personal property or contents within the home.
  • Wind damage
    • Strong or hurricane force winds may cause structural damage to your home, as well as other exterior and interior damage. Structural or exterior damage can include damage to your roof, siding, brick, foundation, deck/patio, carport, gutters, wind turbines, windows, doors, etc. Interior damage as a result of hurricane winds is generally associated with non-flood related water damage as discussed above.
  • Contents damage
    • Water intrusion into your home may cause damage to you and your family’s personal belongings or contents within the home, or otherwise on the property (i.e., in the yard, carport, shed)
  • Other Structure Damage
    • In homeowners’ insurance policy verbiage, damage to detached garages, detached storage sheds, and fences caused by a hurricane are considered other structure damage.

Documenting your damages and deciphering an insurance policy is an arduous task. An experienced hurricane claims attorney from McLaurin Law can help you through every part of the claims process. We begin with a free strategy session to review your claim and answer your questions.

Do you represent commercial hurricane insurance clients?

Yes. If a hurricane damages your business, and you are experiencing difficulty with the commercial property insurance claims process, you need a hurricane attorney on your side. We are here to help. Contact one of the commercial hurricane insurance attorneys at McLaurin Law to get the answers you seek.

When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced hurricane insurance claims attorney today.

Insurance Coverage

FAQs About Insurance Coverage

Below are some frequently asked questions about Insurance Coverage:

How Long Do I Have To File Suit Against My Insurance Company?

It depends on the statute of limitations that applies to your claim under Texas law. Statutes of limitations are statutes prescribing a specific period of time, or deadline, for filing certain types of legal actions. In Texas, generally, the statute of limitations to file a lawsuit against your insurance company for bad faith denial of your claim is two years from the date of denial. For other bad faith conduct, typically, the statute of limitations is two years from the date the insurance company’s bad faith act or practice occurred, or two years from the date you discovered, or reasonably should have discovered, that such bad faith act or practice occurred.

In some exceptional circumstances, the court may extend these time limits.

If your insurance company is not handling your claim fairly, or if you are approaching the two-year mark since the injury, act immediately. Speak with the insurance coverage attorneys at McLaurin Law today.

How Do I Know If I Have A Case And An Insurance Coverage Attorney Near Me?

Insurance companies may act in bad faith, undervalue your damages and underpay your claim, or improperly deny your claim. A skilled insurance coverage lawyer at McLaurin Law can help you determine if you have a case to pursue. We will need to review your insurance policy and any supporting information or communications with your insurer. We have years of experience fighting insurance companies on behalf of our clients.

We can meet and review your case in a free strategy session. Call or fill out the online form to schedule an appointment today.

My Insurance Company Denied My Claim. Now What?

Insurance companies may deny a claim for several reasons, but they often act solely with their best interests in mind. To see if you can appeal the claim denial, you need an experienced insurance law attorney to review your policy, claims, and denial of coverage from your insurer. Attorney James McLaurin is an experienced insurance coverage lawyer with over a decade of legal experience in insurance law.

As a former insurance lawyer, he understands their tactics and will fight for your rights.

What Is A Proof Of Loss Statement?

Most insurers require a proof of loss (POL) statement during the claim process. You sign this document under the penalty of perjury and provide an itemized list of your losses and the corresponding dollar value. You must submit your POL accurately and promptly.

Misstatements or errors in your POL can lead to delay, denial, or underpayment by your insurer. We can help you submit this document.

When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced insurance coverage lawyer today.

Residential Property Insurance Claims

FAQs About Residential Property Insurance Claims

Below are some frequently asked questions about Residential Property Insurance Claims:

What Steps Should I Take After My Home Is Damaged?

You should promptly report the damage to your insurance company, cooperate with your insurer’s investigation of your claim, provide requested information and documentation, and take reasonable steps to prevent further damage to your property. Your insurer must conduct a reasonable investigation of your claim, act fairly in the claim handling process, pay for damage to your home covered by your policy, and provide you a reasonable explanation of the basis in the policy for its decision to deny your claim, or offer to settle or pay your claim, in whole or in part.

Your insurance policy will set forth the amount of time you have to report damages following a loss. You must comply with these deadlines, or you may lose your right to recover.

How Should I Deal With My Insurance Adjuster?

While you must cooperate with your insurance company during the claims process, you do not have to defer to the adjuster assigned to your claim by the insurance company. When your insurance company sends an adjuster, take their card, and write down their full name and contact information, state license number, and the purpose of their visit. Make sure to ask the adjuster to look in all rooms and areas of your home that you believe may have sustained damage. Ask the insurance company or adjuster for a copy of any photos taken by the adjuster and the estimate prepared by the adjuster. Provide this information to your residential property insurance claim attorney.

The bottom line is that adjusters work for your insurance company and not you. At McLaurin Law, we work for you and guide you through the claim process.

What If The Cause Of The Damage Is Not Clear?

Your insurance policy only provides coverage for damage caused by covered events. Texas law places the burden of proof on you (the homeowner) to prove the cause of damage. If the insurance company decides your damage resulted from an uncovered event, it may deny coverage. To pursue legal action against your insurance company with all the necessary evidence to support your claim, you need a residential property damage lawyer to assist you.

If there is any question about whether the cause of your damage is covered under your policy, speak with one of our residential property insurance claims lawyers today. We have the necessary experience to investigate the cause on your behalf and challenge your insurer's incorrect determinations to help you seek and recover the compensation you are rightfully owed.

Are There Other Options Besides Suing My Insurance Company?

Yes. A residential property insurance lawyer at McLaurin Law can provide a detailed description of your other options during your free strategy session. Generally, you can resolve your differences in either mediation or arbitration. In either scenario, your insurer will likely have experienced counsel on its side, so you will want to have legal representation as well.

Our law firm has over a decade of experience handling insurance law claims during mediation, arbitration, and in court if necessary.

When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced residential property insurance claims attorney today.

Commercial Property Insurance Claims

FAQs About Commercial Property Insurance Claims

Below are some frequently asked questions about Commercial Property Insurance Claims:

What Is The Difference Between Replacement Cost And Actual Cash Value?

A commercial property insurance claims lawyer at McLaurin Law can explain the differences, in detail, and review your claim and policy during a free strategy session. Commercial property insurance policies typically provide either replacement cost coverage, actual cash value coverage, or a combination of both.

If you have actual cash value coverage, your insurance company provides a settlement covering the replacement cost minus depreciation. If you have replacement cost coverage, your insurance company is required to pay an amount equal to the cost to repair or replace your property, less any non-recoverable depreciation; however, the insurance company is often entitled to to pay you only the actual cash value upfront and, thereafter, will release any amounts of recoverable depreciation previously withheld once you have provided proof of repair or replacement of your damaged property.

If you have experienced a commercial property loss, it is wise to speak with an experienced commercial property insurance attorney. McLaurin Law has over a decade of experience handling insurance companies, including commercial property insurance claims.

Will My Insurer Cover Damage From Hail?

Generally, a basic commercial insurance policy covers damage to your insured property resulting from hail, windstorm or other weather-related damage, including:

  • Fire
  • Windstorms
  • Lightning

However, if you are on the gulf coast of Texas, your basic insurance policy may exclude hail damage from your coverage. If a hail storm damages your commercial property, speak with the experienced, commercial, hail damage attorneys at McLaurin Law. We fight for you to ensure your business seeks compensation for all covered events.

The Insurance Company Denied Coverage Of My Business Claim. What Should I Do?

The first step is to determine the basis for the denial, and a commercial property insurance claims lawyer at McLaurin Law can help with that. The law requires your insurer to provide you written notification of denial and an explanation as to why your claim is being denied. Contact us for a free strategy session with an experienced commercial property damage lawyer.

We will review your policy, claim, and denial notification and form a strategy for moving forward. For example, even after a denial, you may be entitled to appeal the decision with your insurer directly and, in the event of a wrongful denial, proceed with filing suit in Court. A McLaurin Law commercial property insurance claims lawyer will fight to protect your interests.

How Long Do I Have To File A Claim?

The answer depends on the terms of your insurance policy, but most policies give you two years from the date of the loss or damage to file a claim. In general, you should always attempt to notify the insurance company of a loss or damage and start the claim process promptly, as failure to do so may be grounds for denying your claim or coverage for all or part of your damages.

When you need more than luck, call McLaurin Law at (713) 461-6500 or complete the online form to schedule a free strategy session with an experienced commercial property insurance claims lawyer today.

Personal Injury

FAQs About Personal Injury

Below are some frequently asked questions about Personal Injury:

What Qualifies As A Personal Injury?

Personal injury is an umbrella term for various types of physical and psychological harm you might suffer due to another person’s negligence or recklessness. Personal injury cases usually arise from traffic accidents, slip-and-fall accidents, animal attacks, defective products, etc.

Contact our team at McLaurin Law if you have a personal injury claim. Our Houston personal injury lawyer will advise about whether you can seek compensation.

How Much Is My Claim Worth?

Every case is different. The type and amount of compensation you can seek will depend on your injuries, the facts of the case, and other factors such as:

  • Your age, sex, and body type
  • Your personal circumstances
  • Pre-existing injuries
  • The available evidence
  • Any aggravating factors

There is no simple calculation for evaluating personal injury claims, but an experienced personal injury attorney in Houston can help you. We have many years of experience evaluating claims at McLaurin Law, so we can examine your case to determine what compensation you may be eligible to seek.

What Evidence Should I Collect To Support My Claim?

Anything that points to the other party’s liability and documents your injuries could help your case. Examples include:

  • Police reports
  • Witness statements
  • Medical bills and records
  • Photo and video evidence
  • Expert reports

Do I Need A Houston Personal Injury Lawyer?

A lawyer is not a legal requirement. However, representing yourself in a personal injury case is not a good idea unless you are a legal professional.

Personal injury law is complex. In addition to evaluating your claim and establishing the other party’s fault, you’d also be dealing with the insurance company directly, which can be antagonistic and prioritizes cutting their costs over paying you fair compensation. They will likely try to reduce your payout by shifting the blame onto you or making a low offer.

At McLaurin Law, our lead personal injury attorney, Jason C. McLaurin, formerly worked in the insurance industry. He knows the tricks that insurers use to reduce your payout and how to counteract them.

If you’re searching for a “Houston personal injury lawyer near me,” you’ve found them. At McLaurin Law, we serve personal injury victims in and around Houston, TX. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session.

Wrongful Death

FAQs About Wrongful Death

Below are some frequently asked questions about Wrongful Death:

What Qualifies As Wrongful Death?

A wrongful death is a death that occurs due to another person’s negligence or recklessness. The victim’s family can usually file an insurance claim or a civil lawsuit to seek compensation for their losses. A wrongful death attorney from our team at McLaurin Law can review your case and advise whether you can pursue compensation for the death of your loved one. Texas statute of limitations on these claims is two years from the date of incident.

Who Is Eligible To File A Wrongful Death Claim?

Generally, the following individuals have the right to file a wrongful death claim under Texas law:

  • The victim’s spouse
  • The victim’s children
  • The victim’s parents
  • The representative of the victim’s estate

If you have recently lost a loved one, our Houston, Texas, wrongful death attorneys can advise about filing a wrongful death claim and support you as you seek compensation.

What’s The Difference Between Wrongful Death And Survival Claims?

Wrongful death and survival claims are closely related but distinct types of claims.

  • Survival claims: A survival claim is a personal injury claim that survives the victim’s death. The heirs, legal representative, or estate may file a survival claim on behalf of the victim to seek compensation for the deceased’s losses, such as medical expenses, property damage, lost income, pain and suffering, and funeral and burial expenses.
  • Wrongful death claims: Wrongful death claims enable surviving family members to seek compensation for their personal losses, such as pain and suffering, lost financial support, lost future inheritance, loss of companionship, and so forth.

Our Houston wrongful death lawyers can examine your case and explain what claims you can bring and what damages you can seek.

What Should I Look For In A Houston Personal Injury Lawyer?

When filing a wrongful death claim, not just any personal injury lawyer will do. You need a wrongful death attorney with a proven track record.

We have much experience representing families in wrongful death cases at McLaurin Law. We also know how to handle insurance companies. Our lead attorney, Jason C. McLaurin, formerly worked in the insurance field. He knows how to counteract insurers' tactics to reduce payouts in wrongful death claims.

If you have recently lost a loved one and live in or around Houston, TX, we can help. Call us at (713) 461-6500 or contact us online to schedule a free strategy session with a wrongful death attorney from our McLaurin Law team.

Catastrophic Injuries

FAQs About Catastrophic Injuries

Below are some frequently asked questions about Catastrophic Injuries:

What Injuries Are Catastrophic?

The phrase “catastrophic injury” is an umbrella term for severe, life-changing injuries. What sets them apart from “regular” personal injuries is that full recovery is longer, more complicated, and sometimes impossible. The victim may also require multiple surgeries, extensive rehabilitation, and live-in care.

A catastrophic injuries attorney from our team at McLaurin Law can examine your medical evidence and advise whether your injuries could qualify as catastrophic.

Potentially catastrophic injuries include:

  • Severe burns
  • Paralysis
  • Loss of limbs
  • Disfigurement
  • Organ damage
  • Spinal cord injuries
  • Loss of sight or hearing
  • Traumatic brain injury

What’s The Difference Between Catastrophic And Personal Injury Claims?

Catastrophic injury claims result in greater pain, suffering, and expenses than “regular” or personal injury claims. Catastrophic injury claims, therefore, seek greater compensation and require more effort to prove and win, as insurers are less willing to make higher payouts.

Our Houston catastrophic injury lawyer can gather the necessary evidence and fight for your rights by negotiating with the insurance adjusters. If they refuse to settle or make an adequate offer, we are not afraid to go to trial.

Do Catastrophic Injury Claims Always Result In Higher Compensation?

Unfortunately, just because your injuries are more severe and costly doesn’t mean your claim will result in higher compensation.

If the party at fault is an individual, rather than a corporation, compensation will likely come from their insurance. However, if they have no or insufficient coverage, you may need to file a lawsuit against their assets. If they have no valuable assets, total compensation may be impossible.

A Houston catastrophic injury attorney from our team at McLaurin Law can explore all potential avenues for recovery to maximize your compensation.

Should I Hire A Houston Catastrophic Injury Lawyer?

A lawyer is not required, but a catastrophic injuries attorney can help your case. Seeking compensation for catastrophic injuries is more complicated than standard personal injury claims. Our Houston personal injury lawyer can support you at every step so that you can focus on your recovery.

We have many years of experience representing victims of catastrophic injuries at McLaurin Law. We know how to handle insurance companies: Our lead attorney, Jason C. McLaurin, formerly worked in the insurance industry. He knows and understands how to counteract insurance company tactics.

If you have suffered a catastrophic injury in Houston, TX, we can help. Call us at (713) 461-6500 or contact us online to schedule a free strategy session with our catastrophic injuries attorney.

Truck Accidents

FAQs About Truck Accidents

Below are some frequently asked questions about Truck Accidents:

What Vehicles Are Considered Trucks?

Texas law defines a “truck” as any motor vehicle designed, used, or maintained primarily to  transport property. Tex. Trans. Code § 541.201 (22).

Certain features of the truck, such as its weight or cargo, may determine whether a particular law applies.

In our practice as Houston truck accident attorneys, truck accidents usually involve large commercial vehicles such as:

  • Big rigs
  • Tow trucks
  • Box trucks
  • Semi-trucks
  • Dump trucks
  • 18-wheelers
  • Delivery trucks
  • Oil and gas trucks
  • Tractor-trailers
  • Refrigerated trucks

A truck accident attorney from our McLaurin Law team can review your case and advise whether it qualifies as a truck accident – and what that means for your ability to pursue compensation.

What Damages Are Available In Texas Truck Accidents?

Depending on the nature and extent of your losses, you may be able to seek economic damages (medical expenses, property damage, and lost income) and non-economic damages (pain, suffering, and loss of enjoyment of life). Punitive damages may also be available in cases involving reckless or intentional conduct.

To find out what compensation you may be eligible for, speak to a Houston personal injury lawyer from our team.

What Should I Do After A Truck Accident?

The first thing you must do is seek immediate medical attention, even if you feel fine. Many serious injuries can present no symptoms at first. Moreover, the insurance company may later argue that you’ve exaggerated or faked your injuries if you don't seek treatment. Seeking medical attention also helps document your losses.

The second thing you should do is contact a truck accident attorney from our firm as soon as possible. We will explain your options and advise on the next steps.

When Should You Hire A Houston Truck Accident Attorney?

It’s best to call us as soon as possible, preferably right after the accident. Our experienced Houston truck accident attorney can:

  • Investigate the accident
  • Gather evidence
  • Prepare all necessary paperwork
  • Assess your damages
  • Negotiate with the trucking or insurance company

At McLaurin Law, we take care of the legal legwork so you can focus on your recovery. We have years of experience representing truck accident victims and know how to handle insurance companies: Our lead attorney, Jason C. McLaurin, formerly worked in the insurance industry.

Have you been injured in a truck accident in Houston, TX? Call us at (713) 461-6500 or contact us online to schedule a free strategy session with our truck accidents attorney.

Head Injuries

FAQs About Head Injuries

Below are some frequently asked questions about Head Injuries:

What Are The Symptoms Of A Head Injury?

Medical professionals refer to head injuries as “invisible injuries” — not only because they are invisible to the eye but also because it can be days or weeks before symptoms are present. That’s why you must seek immediate medical attention if you’ve hit your head.

Possible symptoms include:

  • Dizziness
  • Confusion
  • Sensitivity to light
  • Headaches
  • Nausea
  • Vomiting
  • Depression
  • Irritability
  • Numbness in any body part
  • Loss of consciousness

If your examination reveals a head injury, contact a head injuries attorney from McLaurin Law. We’ll review the medical evidence and explain your legal options.

Can I Sue If I’ve Had A Head Injury?

You may be able to file a personal injury lawsuit if you can establish that another person’s negligence or recklessness caused your head injury. Depending on the circumstances, various parties could be liable, including:

  • Another driver or a trucking company, if you got injured on the road
  • The owner of the property where you hit your head
  • A colleague, if the accident occurred at your workplace

In workplace accidents, you may also be able to file a workers’ compensation claim against your employer. Unlike personal injury claims, you don’t have to prove negligence to seek workers’ comp benefits.

If you’re seeking compensation, a McLaurin Law head injury lawyer can explain whether you can pursue an insurance claim or a civil lawsuit – and advise on the next steps.

How Long Do I Have To File A Head Injury Claim In Texas?

The statute of limitations for personal injury claims, including head injuries, in Texas is two years from the date of the injury. Exceptions to the rule allow courts to extend the deadline in certain situations. Our Houston personal injury lawyer can explain the relevant time frames in your case.

Is It Necessary To Hire A Head Injury Lawyer?

Head injuries are too serious to leave your claim to chance. Compensation in head injury cases tends to run high, but insurance companies are less likely to agree to higher settlements voluntarily. You need an experienced head injuries attorney to navigate the system and negotiate with insurers.

At McLaurin Law, we know how to handle insurance companies: Our lead attorney formerly worked in the insurance industry and knows and understands how to counteract insurance company tactics. If you’ve suffered a head injury in Houston, TX, call us at (713) 461-6500 or contact us online to schedule a free strategy session with our head injury lawyer.

Drunk Driving Accidents

FAQs About Drunk Driving Accidents

Below are some frequently asked questions about Drunk Driving Accidents:

What Happens In A Drunk Driving Personal Injury Case?

Your drunk driving accident attorney can help you navigate the complex case structure for your personal injury claim against a driver who is also facing criminal charges for drunk driving. You can file an insurance claim with the drunk driver’s insurance company or a legal claim in civil court to seek compensation for your injuries.

You may also be able to hold a third party responsible for your injuries, such as the bar that served a patron too much alcohol or served an underage driver. If a young driver received alcohol at a party, you might be able to pursue compensation for your injuries from the parent hosting underage drinkers.

Should I File A Police Report After Being Hit By A Drunk Driver?

Yes. Always file a police report after an accident. If you notice signs of impairment at the scene, report your observations to the police. Watch for attempts to dispose of alcohol containers or for a passenger attempting to switch with the impaired driver. An insurance company will use the police report to understand the accident events in your claim better.

Can I File Civil Or Criminal Charges Against A Drunk Driver Who Hits Me?

You can file civil charges against an impaired driver who hits you. The jurisdiction will file criminal charges if they gather evidence that the driver was operating their vehicle under the influence. Your personal injury lawyer may be able to use a criminal conviction for DUI/DWI in your favor when arguing for your personal injury claim in court.

How Can A Houston Drunk Driving Accident Lawyer Help My Injury Case?

An experienced Houston car accident lawyer can help your case by recreating the events of the accident to help a jury understand the negligence and liability of the impaired driver and third parties responsible for your injuries.

Texas is a modified comparative negligence state with a 51% bar. This means that if you share liability for your injuries, the court will reduce your award by that percentage, up to 50%. You will not receive compensation if you are more than 50% liable. A drunk driving accidents attorney with our firm can help you build your case, so a court doesn’t reduce your award more than you are liable. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session.

Boat Accidents

FAQs About Boat Accidents

Below are some frequently asked questions about Boat Accidents:

What Are The Common Types Of Boating Accidents?

Our Houston boat accident attorney has represented clients for many types of boating accidents. Some of the most common include the following:

  • Boat collisions between two or more vessels
  • Boats capsizing due to hitting a large wake from another vessel
  • Boats capsizing due to hitting a large wave
  • Collisions between a boat and an object in the water, dock, shoreline, etc.
  • Malfunctions due to failing to keep the appropriate safety equipment on board and in good working order

Common causes of these accidents and injuries include operator inebriation, distracted boating, driver inexperience, speeding, and keeping an improper lookout.

When Do You Need To File A Report For A Boating Accident In Texas?

According to Section 31.105 of the Parks and Wildlife Code, the vessel operator must report the accident within 30 days to the local law enforcement agency or the Texas Parks and Wildlife Department if the accident led to:

  • A fatality
  • A missing person
  • Any injury requiring medical attention beyond standard first aid
  • $2,000 or more in property damage

If the accident resulted in someone’s death, the boat operator has 48 hours to report the accident.

Who Might Be Liable For My Injuries In A Boating Accident?

Your Houston boat accident lawyer can help you determine which negligent party could be liable for your injuries in a boating accident. Depending on the specific circumstances of your case, several parties could be liable, including:

  • The boat operator, who owes passengers and other vessels and their passengers a duty of care. The boat operator must follow all Texas safe boating laws and regulations.
  • The boat owner, who must maintain the boat to ensure safe operation. Maintaining the boat includes stocking equipment on board in case of emergency, such as inflatable rafts, flares, and life jackets.
  • Other passengers on the boat who distract the boat operator if their actions led to the crash.
  • The boat manufacturer, if it created a defective design or manufacturing error.
  • The boat rental company, if it failed to train its employees or maintain the vessel properly.

What Happens In A Boat Accident Personal Injury Lawsuit?

Your personal injury lawyer will help to reconstruct the events that led to the accident and determine the negligent party or parties who contributed to the accident. Your boat accidents lawyer can build a case against the negligent parties to seek appropriate compensation for your injuries. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session.

Car Accidents

FAQs About Car Accidents

Below are some frequently asked questions about Car Accidents:

Do I Need A Personal Injury Lawyer?

There’s no legal requirement to hire a car accidents lawyer, but it’s in your best interest to do so. Insurance companies are for-profit businesses. Their goal is to make money, not give it away, so they will do everything they can to reduce your payout or avoid making one altogether.

When you work with McLaurin Law, our experienced insurance and auto accident lawyers can ensure that doesn’t happen. Our founder, Jason McLaurin, is a car accidents lawyer with experience working in the insurance space. He knows how insurers approach car accident claims and how to fight for your interests.

Can I Seek Damages If I Am At Fault?

Texas takes a fault-based approach to car accident cases. That means you can only seek damages if the other driver was at fault.

However, you don’t have to be completely fault-free. Under the state’s modified comparative negligence rule, you may seek compensation if you were less than 51% at fault.

The judge or jury will decide the fault percentage of all drivers involved in the accident and reduce your damages accordingly. For example, if the total damages are $100,000 and your assigned fault is 30%, you can only seek $70,000.

What’s The Limit On Damages In Texas?

Unless the accident is a felony, the maximum compensation you can receive in a car accident case is the greater of three sums:

  • $200,000
  • Twice the amount of economic damages, plus $750,000
  • Twice the amount of economic damages, plus any non-economic damages

However, this doesn’t apply if the other driver was in a community service program at the time of the accident. In that case, you can seek up to:

  • $100,000 per person
  • $300,000 per accident for personal injury or death
  • $10,000 per accident for property damage

A personal injury lawyer from our team at McLaurin Law can explain how much you can seek.

What Evidence Should I Collect After A Car Accident?

Try to gather as much evidence as you can at the scene of the accident, including:

  • The other driver’s full name, address, driver’s license number, insurance company, and policy number
  • The names and contact details of any eyewitnesses
  • Photos and videos that clearly show the damage and the other driver’s license plate number

At McLaurin Law, our Houston car crash attorneys serve auto accident victims in and around Houston, TX. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with an experienced car accidents lawyer.

Motorcycle Accidents

FAQs About Motorcycle Accidents

Below are some frequently asked questions about motorcycle accidents:

Should I Hire A Houston Motorcycle Accident Attorney?

Hiring a motorcycle accidents lawyer isn’t mandatory after an accident, but it’s strongly advisable. Insurance companies are not your friends. They have investigators and in-house legal teams whose job is to minimize your payout or avoid one altogether, including by trying to shift the blame for the accident on you.

At McLaurin Law, we know how insurers approach motorcycle claims and how to negotiate with them. Our founder, Jason McLaurin, is a motorcycle accidents lawyer who used to work for insurance companies. He knows how to protect your interests.

Should I Talk To The Other Driver Or Biker At The Scene Of The Accident?

You can talk to the other driver at the accident scene, but keep the conversation brief. Ask for their:

  • Full name
  • Address
  • Contact number
  • Driver’s license number
  • Insurance company
  • Policy number

Don’t discuss the accident. Even innocuous comments such as, “I’m sorry; are you okay?” can make it to the insurers and serve as grounds to deny your claim. If the other person has any questions, refer them to your personal injury lawyer from our team at McLaurin Law.

Should I Tell My Insurance Company About The Accident?

You should call your insurer as soon as possible after the crash to start the claims process. However, keep any comments to a minimum. Just tell them you’ve had a motorcycle accident and that it wasn’t your fault. If they have further questions, redirect them to the driver’s insurer or a Houston motorcycle accident attorney from our team at McLaurin Law.

Should I Seek Medical Assistance After A Motorcycle Accident?

Yes. Depending on the severity of your injuries, go to an emergency care facility or your regular physician. You must seek immediate medical attention even if you feel fine. Some life-threatening injuries can be hidden and present no symptoms at first.

Seeking medical assistance will also strengthen your claim, as it helps document your injuries. If you don’t seek help, the insurers may later try to argue that you have exaggerated or faked your injuries. An experienced Houston motorcycle accident lawyer from our law firm can explain what medical paperwork you should collect to support your case.

Motorcycle accident law is complicated. At McLaurin Law, we can help you navigate the Texas legal system and seek compensation for your injuries. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with a motorcycle accidents lawyer from our team.

Bicycle Accidents

FAQs About Bicycle Accidents

Below are some frequently asked questions about Bicycle Accidents:

What Happens In A Texas Bicycle Accident Personal Injury Case?

Your Houston bicycle accident attorney can help you build your case against a driver who caused your injuries in a bicycle crash. Once you report your accident to the police and contact the driver’s insurance company to file your claim, contact a bicycle accidents lawyer with our firm to represent you and speak to the adjuster on your behalf.

If your case goes to court due to a claim denial or underpayment, your personal injury lawyer will use witness statements, video surveillance, and accident scene forensics to recreate the accident events and help prove negligence by the driver.

Who Is Liable In A Bicycle Accident Case?

Drivers should always share the road with bicyclists and must follow certain rules when passing bicyclists on the road. Many drivers don’t follow the laws to give enough room to bicyclists or pass bicyclists safely.

Texas is an at-fault insurance state, meaning that if a negligent driver caused your injuries, you would file a claim through their insurance company. However, many bicycle accidents are often hit-and-run accidents, or the driver may not carry appropriate insurance for their vehicle.

In cases where a driver can’t pay for your injuries and damages through their insurance coverage, you may use your own policy’s uninsured or underinsured motorist coverage and personal injury protection (PIP) coverage to file a first-party claim.

What Kind Of Compensation Can I Seek In A Bicycle Accident Case?

You may pursue economic, non-economic, and possibly punitive damages for your injuries, including:

  • Medical costs and travel expenses for medical appointments
  • Lost wages for time off work
  • Future medical bills for surgery, therapy, and rehabilitation
  • Pain and suffering
  • Mental anguish
  • Household replacement services for chores
  • Property damage costs to your bicycle, phone, protective gear, etc.

Note that Texas is a comparative negligence state. This means the court may reduce your award based on whether you contributed to your injuries (such as by failing to wear the appropriate protective gear).

What Can A Houston Bicycle Accident Lawyer Do For Me In My Case?

Your bicycle accident lawyer will gather evidence and witness statements from your accident as soon as you contact us. Time is of the essence to get the correct information to build your case.

Your attorney can also represent in front of your insurance adjuster and prevent you from saying anything that could hurt your position to receive adequate compensation for your injuries. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with a bicycle accidents attorney from our team.

Premises Liability

FAQs About Premises Liability

Below are some frequently asked questions about Premises Liability:

How Can A Houston Premises Liability Lawyer Help My Case?

Seeking compensation from a property owner in court on their own rarely has good results for the injured person. An experienced Houston premises liability attorney with our firm knows the laws as written, as well as important cases in premises liability that set precedent for holding negligent property owners liable.

Your attorney can reconstruct the timeline of your accident to determine which negligent party was responsible for your injuries. For example, if you slipped at a grocery store, was it the store manager’s responsibility to ensure that a spill was cleaned up in a timely manner, or was it the corporate training office’s fault in failing to train their store employees the procedure for handling a spill on the premises?

Who Is Liable For My Injuries When I Get Hurt On Someone Else’s Property?

Determining liability for injuries on another person's property can be difficult. In personal injury cases for premises liability, an injured party (with the help of their attorney) must prove that the property owner:

  • Owed them a duty of care
  • Was negligent in addressing the safety hazard that caused the injury
  • Knew or should have known about the safety hazard and failed to address or remedy it in a timely manner

If the property owner’s negligence in handling the risk led to the plaintiff’s injuries, the owner could be liable for those injuries.

What Kinds Of Injuries Does Premises Liability Cover?

Premises liability cases can cover a wide range of accidents and injuries at a business, on public property, or someone else's private property. Some examples of common injuries and accidents in these cases include:

  • Slip and fall accidents
  • Drowning accidents due to insufficient pool protection or security
  • Criminal acts on premises, such as assault, robbery, sexual assault, and harassment
  • due to insufficient security
  • Elevator or escalator accidents
  • Parking lot accidents
  • Building code violations that cause accidents or injuries
  • Animal attacks or bites, including dog bites, raccoon or opossum bites or scratches, and snake bites

How Do You Prove Negligence By A Property Owner In A Premises Liability Case?

Your premises liability attorney from our firm will gather witness statements, surveillance video, and photographic evidence of your accident to create a timeline of events for your claim and help determine what factors contributed to your injuries. Your personal injury lawyer can then use similar cases, current laws, and building codes to attribute liability to the negligent party who owed you a duty of care. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with a premises liability attorney from our team.

Medical Malpractice

FAQs About Medical Malpractice

Below are some frequently asked questions about Medical Malpractice:

How Do I Know If I Have A Medical Malpractice Case?

Medical malpractice is a type of negligence. You may have a case if your healthcare provider fell below the expected standard of care and their negligence caused you foreseeable harm. The standard of care is what a reasonable medical professional would do under the circumstances.

If you believe you have a case, call our team at McLaurin Law to speak to a Houston medical malpractice lawyer. We will examine the facts and the available evidence and advise whether you can seek compensation.

Establishing negligence and causation isn’t enough: Your damages must also be significant. If your injuries aren’t severe or life-changing, pursuing an insurance claim or a lawsuit may not be cost-effective. Depending on your injuries, your attorney can advise you on the best course of action.

I Lost A Family Member Due To Medical Malpractice. Can I File A Wrongful Death Claim?

You might be able to file a wrongful death claim if your loved one died due to the negligence of a healthcare provider. However, wrongful death law is complicated, and many factors come into play. Contact our team to speak to a Houston wrongful death attorney to find out if you have a case. They can explain your options and help you file a wrongful death claim if you are eligible.

Do I Need A Personal Injury Lawyer Who Also Has Insurance Knowledge?

There is no legal requirement for a personal injury lawyer to have insurance training or background to handle medical malpractice cases. However, it can certainly help. Our lead attorney, Jason C. McLaurin, is a medical malpractice lawyer who used to work in the insurance space. He knows the tactics insurance companies may use to reduce your payout and how to counteract them.

Will My Doctor Lose Their Medical License If I Sue For Medical Malpractice?

No, your doctor or other health care professional won’t lose their license or job if you sue for medical malpractice. The goal of a medical malpractice lawsuit is to compensate the victim’s family, not to punish the medical provider.

Dealing with the death of a family member is never easy. At McLaurin Law, we can’t ease your pain, but we can help you seek compensation for the loss of your loved one. Call us at (713) 461-6500 or fill out our contact form to schedule a free strategy session with a medical malpractice lawyer from our team.

What Should I Do after an Injury?

Your number one priority should be your well-being. Seek out medical advice as soon as possible to ensure that you get the treatment you need. You should also move quickly to consult with an attorney to assist you with your personal injury claim. Critical events occur early in the personal injury claims process—such as interviews with adjusters and early damages assessments—so do not delay speaking with an attorney.

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