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.
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.
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.
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.
Below are some frequently asked questions about Fire Damage Claims:
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.
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:
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.
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!
Below are some frequently asked questions about 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.
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.
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:
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.
Below are some frequently asked questions about Oil & Gas Claims:
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:
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.
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.
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!
Below are some frequently asked questions about Life Insurance Claims:
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.
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.
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.
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:
Call us at (713) 461-6500 when you need more than luck!
Below are some frequently asked questions about Maritime Law:
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.
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:
The Jones Act isn’t the only federal law that protects injured maritime workers. Other offshore injury laws include:
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.
At McLaurin Law, we help clients with a range of maritime injury cases, including:
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.
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.
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.
Below are some frequently asked questions about Theft and Vandalism Claims:
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.
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.
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:
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!
Below are some frequently asked questions about Freeze Damage Claims:
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:
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.
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.
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!
Below are some frequently asked questions about Wind and Hail Damage Claims:
You will need evidence that the damage your home sustained came from wind or hail.
Common signs of wind and hail damage include:
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.
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.
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.
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!
Below are some frequently asked questions about Maritime & Marine Insurance Claims:
Whether you’re a private vessel owner or a commercial marine business owner, your insurance should consist of three main parts:
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.
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:
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.
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!
Below are some frequently asked questions about Commercial Insurance Claims:
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:
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.
Our commercial Insurance litigation attorneys can help you with every step of your claim process, including:
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!
Below are some frequently asked questions about Bad Faith Insurance Claims:
Generally speaking, Texas requires insurers to act in good faith. At a minimum, this means that your insurance company must:
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.
Texas places deadlines on insurance companies to ensure that they act efficiently. After you inform your insurance company of a claim, they have:
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.
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.
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.
Below are some frequently asked questions about Hurricane Insurance 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 free consultation with an experienced hurricane insurance claims attorney at McLaurin Law.
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:
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.
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:
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.
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.
Below are some frequently asked questions about Insurance Coverage:
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.
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.
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.
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.
Below are some frequently asked questions about Residential Property Insurance Claims:
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.
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.
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.
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.
Below are some frequently asked questions about Commercial Property Insurance Claims:
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.
Generally, a basic commercial insurance policy covers damage to your insured property resulting from hail, windstorm or other weather-related damage, including:
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 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.
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.
Below are some frequently asked questions about 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.
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:
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.
Anything that points to the other party’s liability and documents your injuries could help your case. Examples include:
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.
Below are some frequently asked questions about 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.
Generally, the following individuals have the right to file a wrongful death claim under Texas law:
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.
Wrongful death and survival claims are closely related but distinct types of claims.
Our Houston wrongful death lawyers can examine your case and explain what claims you can bring and what damages you can seek.
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.
Below are some frequently asked questions about Catastrophic Injuries:
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:
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.
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.
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.
Below are some frequently asked questions about Truck Accidents:
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:
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.
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.
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.
It’s best to call us as soon as possible, preferably right after the accident. Our experienced Houston truck accident attorney can:
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.
Below are some frequently asked questions about Head Injuries:
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:
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.
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:
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.
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.
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.
Below are some frequently asked questions about Drunk Driving Accidents:
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.
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.
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.
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.
Below are some frequently asked questions about Boat Accidents:
Our Houston boat accident attorney has represented clients for many types of boating accidents. Some of the most common include the following:
Common causes of these accidents and injuries include operator inebriation, distracted boating, driver inexperience, speeding, and keeping an improper lookout.
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:
If the accident resulted in someone’s death, the boat operator has 48 hours to report the 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:
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.
Below are some frequently asked questions about Car Accidents:
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.
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.
Unless the accident is a felony, the maximum compensation you can receive in a car accident case is the greater of three sums:
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:
A personal injury lawyer from our team at McLaurin Law can explain how much you can seek.
Try to gather as much evidence as you can at the scene of the accident, including:
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.
Below are some frequently asked questions about motorcycle accidents:
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.
You can talk to the other driver at the accident scene, but keep the conversation brief. Ask for their:
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.
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.
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.
Below are some frequently asked questions about Bicycle Accidents:
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.
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.
You may pursue economic, non-economic, and possibly punitive damages for your injuries, including:
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).
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.
Below are some frequently asked questions about Premises Liability:
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?
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:
If the property owner’s negligence in handling the risk led to the plaintiff’s injuries, the owner could be liable for those injuries.
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:
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.
Below are some frequently asked questions about Medical Malpractice:
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.
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.
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.
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.
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.
Browse our growing library of multimedia educational content to better understand the rules and processes involved in your Texas injury case or insurance claim. Review the items relevant to your issue, and let us know your questions.
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