When we must place our trust in medical professionals to address a significant health condition or recover from an injury, we may have some apprehension, but we know that doctors and nurses follow procedures that align with a standard of care informed by an established body of medical knowledge and experience. If you or your loved ones have recently suffered an unfortunate incident in which divergent choices or actions by a medical professional led to unnecessary or unexpected preventable injury or death, we understand the shock, pain, and frustration you must be feeling. While reversing what happened in the medical environment is not an option, an experienced Texas medical malpractice lawyer can help you seek financial compensation that may assist you or your family while holding the medical personnel accountable for their actions or inactions.
Medical malpractice is negligence within the scope of a medical professional’s practice. This type of negligence can often lead to injuries and illnesses within the patient. In some cases, medical malpractice can lead to death. When a doctor makes a preventable error, the patient should not need to pay for the associated expenses. They can also seek compensation for their avoidable pain and suffering.
If you or a loved one have been a victim of medical malpractice, filing an insurance claim or lawsuit against the at-fault party can reduce the financial burden of this incident. Our medical negligence lawyers at McLaurin Law are here to help you.
Medical malpractice cases typically fall into a few standard categories. Here are some common types of medical malpractice:
If you or your loved one have experienced any of the above in or near Houston, TX, contact our medical malpractice legal team today to schedule a strategy session.
When you file a medical malpractice claim, you will need to provide evidence that your physician made a preventable error that led to your damages. Medical malpractice is a personal injury case based on negligence that was committed by a medical professional, and establishing negligence in a medical environment is different from establishing negligence in other situations.
In order for your case to qualify for medical malpractice, you must show that your physician acted outside the professionalism and competency warranted for their training and medical role. Medical professionals owe a duty of care to their patients to provide the care a “reasonable physician” would provide under similar circumstances. In regards to treatment or surgery, they must meet the applicable proper standard of care.
You shouldn’t attempt to prove medical malpractice on your own. Instead, working with an experienced medical malpractice attorney can help you approach your case strategically and collect compelling evidence to support your claim.
Your experienced Texas medical malpractice attorney can collect the following evidence for an actionable medical negligence lawsuit:
Schedule a free strategy session with our medical malpractice legal team to assess your case and identify your next steps.
When you file a medical malpractice lawsuit against a physician in Texas, you may be able to seek a few types of damages:
In Texas, noneconomic damages for medical malpractice claims are capped at $250,000 for cases against a single physician and $500,000 for cases with multiple defendants. Noneconomic damages are more subjective in value than economic damages. There are currently no limits for economic damages.
In addition to immediate medical expenses some other common damages in a medical malpractice case may include:
It is important to include ongoing expenses and difficulties experienced as a result of the malpractice when assessing damages. Your attorney can help you determine which damages to claim in your medical malpractice lawsuit.
Texas has a two-year statute of limitations for medical malpractice claims. You must file your claim within two years of the malpractice incident. If you fail to file your claim in time, you may be ineligible to seek compensation.
If you have already surpassed the statute of limitations, your attorney can help you understand whether you may qualify for any exceptions to this policy. For instance, minors have until age 14 to file a lawsuit, regardless of when the malpractice occurred.
Additionally, the statute of limitations in some cases may begin when the injury could have been discovered through reasonable diligence, such as when the effects of the malpractice only became evident at a date some time after a given surgery or prescription. Discuss the details of your case with an experienced Texas medical malpractice lawyer.
You should not attempt to navigate a medical malpractice insurance claim or lawsuit alone. The medical professionals you sue will surely have experienced representation, and you will need to be able to prove their medical negligence was responsible for the injury or death you or your loved one suffered.
When you work with a qualified medical malpractice lawyer at our firm, you can trust us to take the responsibility of your case off your shoulders. Our experienced medical negligence lawyers can:
Contact our medical malpractice lawyer team in Houston, TX today to schedule your free strategy session.
McLaurin Law — When you need more than luck on your side
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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 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!
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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Suite 350 Houston, TX 77027
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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Office Hours: 8:30 AM - 5:00 PM
Available by Phone: 24/7
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