• By: John Escamilla, Esq.
  • Published: November 14, 2024

In this article, you can discover… How a wrongful death is defined under Texas law. Who may legally file a wrongful death claim in Texas. What evidence to gather to support a wrongful death suit.  What Is The Legal Definition Of Wrongful Death In Texas? In Texas, a wrongful death is a death that results from someone else's negligence. In such an instance, the immediate family members of the person who passed away have the ability to file a lawsuit against the responsible person or company and recover damages. You may also have the ability to file a “survivor's claim,” and recover for the medical bills and physical pain and suffering your loved one experienced before they passed away. Simply because a person has died doesn’t mean their rights are extinguished. If you suspect that an immediate family member has…Read More

Personal injury claim form on clipboard with pen and gavel on a desk
  • By: John Escamilla, Esq.
  • Published: October 30, 2024

The legal system can be incredibly intimidating for everyday people. A good lawyer will walk you through the legal process, explain your rights and responsibilities, and help you move forward on the best foot possible. Your attorney will also help you understand what your injuries are truly worth and make sure you get the most meaningful compensation possible. In this article, we’ll break down the basics of personal injury claims and the terms that are used along the way.  Keep reading to discover… How liability impacts your personal injury claim The type of damages you may be entitled to in Texas. How long you have to file a personal injury claim. What Is “Liability,” And What Does It Mean In The Context Of Personal Injury Law? Liability means legal responsibility. For example, we all have a responsibility to drive safely…Read More

Oil pumps in a field, extracting valuable resources from the earth's depths. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.
  • Published: June 11, 2024

While safety standards and work-related accidents and deaths are down for other industries, Texas’ hard-working oil and gas workers continue to suffer serious accidents and fatalities. In an industry that struggles to keep up with high oil demands, corners are cut, strict safety standards are loosened, and profit is often placed over worker safety. Our law firm has seen consistent cases filed by injured workers and the surviving families of workers killed on the job year after year. While other industries surge ahead in safety innovations, stricter controls, and better protections for workers, the oil and gas industries remain frustratingly unsafe and unwilling to make serious changes. What causes these injuries and deaths? And why do injury rates remain so high in this sector? Common Injury Types: Workers face a variety of intense and debilitating injuries in Texas oil and…Read More

Two men in safety vests and hard hats are on the ground, discussing compensation for construction injuries. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.
  • Published: May 2, 2024

In this article, you can discover… What types of construction injuries are the most common. Why you need an injury attorney to handle your case. How claims of negligence may affect your case, and how an attorney can help. What Are The Most Common Causes And Cases Of Severe Construction Site Injuries? Many injuries at construction sites involve accidents with heavy machinery; machines such as forklifts, excavators, scissor lifts, and others may not be handled properly and cause injury. It’s not uncommon for workers to be crushed under or between such equipment, especially if workers are poorly trained or poorly supervised. Falls from roofs, scaffolds, and ladders are quite common, too. Anyone working at a height greater than six feet is at risk of injury or death if they fall, and Personal Protective Equipment (PPE) is vital at every site.…Read More

Hands holding a product liability word cloud, representing various legal aspects of a product liability claim. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.
  • Published: May 2, 2024

In this article, you can discover… How fault is determined in a product liability claim. How insurance companies often seek to shift blame, and how to fight back. How negligence impacts product liability claims. What Do You Need To Prove A Defective Product Caused My Injuries? To prove that a defective product caused your injuries, a lawyer needs to be able to demonstrate that the product was dangerous. This danger may spring from a design or engineering flaw, from some element of the product being poorly built and causing injury, or from product warnings that were poorly worded or missing. Is An Injured Person Ever Partially Responsible For The Injuries Sustained From A Defective Product? Often in a product liability case, companies will claim that a consumer has used the product incorrectly or done something dangerous to cause the injury.…Read More

Coverage for small businesses to safeguard against product liability claims - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.
  • Published: May 2, 2024

In this article, you can discover… What situations and products qualify for a product liability claim. What evidence you need to file a product liability suit. How soon you should file your product liability claim with a lawyer. What Are The Elements Of A Product Liability Claim In Texas? Three types of product liability claims exist. These are design defects, manufacturing defects, and marketing defects. In Design Defect cases, a product is designed in an unsafe way. The product could have been engineered with a much safer design from the start, which could have prevented serious injury. Manufacturing Defect means that the product was designed well but manufactured in a way that made it unsafe. A common example of this is the rubber of car tires not being melted together properly during production, making the tire tread likely to separate…Read More

A personal injury claim form on a desk with a gavel, symbolizing legal proceedings. - Escamilla Law Firm, PLLC
  • By: John Escamilla, Esq.
  • Published: May 2, 2024

In this article, you can discover… The first steps to take if you’re considering a personal injury claim in Texas. When you should hire a personal injury attorney. How to avoid insurance tactics that seek to deny your claim. When Filing A Personal Injury Claim, What Concerns I Might Face, And How Can An Attorney Help? If you’ve been injured in Texas, your first concern may be accessing medical treatment. Getting your injuries diagnosed and treated is an important first step in filing a personal injury claim, and one of the immediate things an attorney can do is to make sure you have access to quality medical care and treatment. Additionally, it’s common after an accident to be concerned about your finances. When the breadwinner of your home is injured or killed, the financial cost to a hard-working family is…Read More

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