The law is extremely complex, especially for those without a formal legal education. As a result, people facing legal problems often find that they have a wide range of questions without an easy way of finding the answers. At The Majors Firm, I completely understand how frustrating this can be, which is why I have put together the following collection of legal questions I am frequently asked, covering a variety of different legal concerns.
If your question isn’t answered here, or if you would prefer to speak with a lawyer, please contact me directly by calling today.
What is product liability?
Product liability refers to the assumption of responsibility that a product designer, manufacturer, or distributor claims when releasing products to the general public. This means that when a manufacturer or other related party does not adequately test their product for safety, reasonably list all known hazards, and take other critical safety precautions, they can typically be held liable for the harm that their product caused an unsuspecting consumer. To get a better understanding of product liability and discuss your situation, speak with my team and me at The Majors Firm.
If I was partially at fault for an accident, can I still pursue compensation for my damages?
In many cases in which a person suffers a serious injury caused by someone else, they may have been at least partially to blame for the injury’s occurrence. Under Texas law, however, it may still be possible for individuals in this situation to pursue compensation for their losses, depending on the extent of their role in causing the injury. A qualified attorney can help injury victims better understand their legal rights and options in this situation.
What is informed consent?
When a doctor performs a medical procedure, it is important for their patient to understand the potential risks they may face as a result. Therefore, medical professionals have a legal obligation to obtain the informed consent of their patients before pursuing a course of treatment. This means that they must provide patients with all the information they need to be able to make an informed decision about their care. Otherwise, doctors may be held liable for injuries that the patient may suffer as a result.
Was a truck driver or the trucking company at fault for my accident?
It can be hard to tell – I understand that. In some cases, a driver is at fault because he or she acted in a dangerous or negligent manner behind the wheel. But at other times, the trucking company may be to blame for an accident. For instance, if the company was negligent in its hiring, if it failed to train drivers, if it didn’t take care of its vehicles, or if it forced drivers to work long hours, then the company could be at fault for the repercussions of an accident.
Is it my fault that I hit a construction obstacle in the road?
Unless you were driving dangerously, recklessly, or under the influence of a controlled substance, it’s likely not your fault that you hit a construction-related obstacle. Rather, the negligence of the construction site manager or owner might actually be to blame for your car accident. Although site workers and managers should be diligent in making sure there are no unexpected or dangerous roadway obstacles, sometimes crews fail to remove these obstacles, leaving them in the way of unsuspecting drivers. In these situations, the construction company may be responsible for a victim’s injuries and losses.
Can I sue again if I don’t receive enough money?
You will not be allowed to sue the same person or entity again for the same complaint as in your first case. Many people realize after a case is over that their expenses are actually greater than they anticipated, making them want to seek more compensation from the party responsible for their injury or illness. However, certain legal statutes prevent a person from seeking further compensation in this situation, which is why it’s so important to talk with an attorney before pursing your initial claim and compensation.