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This video features Gregory H. Herrman, a Medical Malpractice attorney based in Texas.
Some of the most common tourist injuries that take place in Texas include:
If you're injured in Texas, you should consult with a Texas attorney. Texas attorneys know the law regarding where and how the accident took place. Each court has its local rules, and you'll want a lawyer who knows the local rules. You may need to consult with Texas witnesses. The local lawyer will know Texas laws, and will also be familiar with the local judges and jury practices.
If the jury decides that the injured person is more than 50 percent at fault for the accident, then the victim cannot recover damages. However, whoever the defendant is, their insurance company will always try to blame the victim. In a comparative fault state like Texas, even if the jury decides that you are 20 percent at fault, you can still receive 80 percent of the awarded compensation.
Yes. Time is your enemy in cases like these. Evidence needs to be preserved, and witnesses need to give testimony while the memory is still fresh. The sooner you contact a local attorney who can handle your case, the better. If you contact a local attorney immediately, they can contact the Coast Guard (if it's a water-related accident), talk to witnesses, document the scene, and start moving on the case.
It depends on the case. Most cases settle before going to trial, not requiring a court appearance. You may need to visit for a deposition or attend a trial, but in most cases you can deal with the documents remotely.
Most of the time, no. It depends on the situation. Generally, they can't escape liability just because they say "we are not responsible for accidents or injury." If an attorney can prove that the excursion company was negligent in any way that led to the injury, then the waiver will not be an iron-clad defense.
Make sure you're in proper physical condition to take on the more "extreme" excursions. Watch someone do it. Ask questions. If you don't feel comfortable going on the excursion, sit it out.
If possible, take photos and videos of the scene and your injuries if possible. Get contact information for witnesses of the accident. These can help corroborate your story. For serious injuries, seek medical help immediately. As soon as you can, talk to a local injury attorney who can document the scene, hunt down witnesses, and start building your carse. Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.