This Blog is posted by The Bryan Woods Law Firm – Your San Antonio Construction Litigation Attorney

Bryan Woods Law Firm

1250 N.E. Loop 410, Suite 725
San Antonio, TX 78209
Phone: 210-824-3278
Fax: 210-824-3937

San Antonio Construction Litigation Attorney

Potential damage arising from construction defects in homes and condos can arise from countless sources, and on the following pages, you’ll see dozens of examples of how these issues can arise. Regardless of the cause of these issues, you need to protect your rights, and the first step in doing so is not only making a record of these problems in every way possible by way of documentation and photographic records.

Construction Defect Attorney
You should also contact a construction defect attorney. Your attorney will be able to advise you as to your rights and the proper steps to take to make sure that you don’t suffer any further.

Construction defects in homes can result in:

Personal Injury

If you suffer personal injury as a result of a construction defect in your home, you need to make sure that you protect your rights by contacting an attorney who regularly deals with construction defect cases. Merely going to a general personal injury attorney could be a mistake, as an attorney who handles construction cases will understand all the intricacies and possible damages involved with such an unfortunate occurrence.

Overall, construction defects that permeate your new home or condo can not only completely devalue your home and force you to find shelter somewhere else, but they could also cause serious injury or illness. If this has happened to you, the worst thing you can do is waste time. Contact an experienced construction defect attorney immediately.

Decreased Property Value

Almost any serious construction defect will result in substantially decreased property value. If you’re dealing with decreased property value due to a construction defect, you are most likely not responsible for this financial loss. Contact a construction defect attorney immediately to explain your decreased property value problem.

Voiding of Manufacturer’s Guarantees

When you move into your new home, you need to make sure that you don’t undertake conduct that results in the voiding of the manufacturer’s guarantees. Any manufacturer will provide you with instructions on how to properly maintain your home, and you owe it to yourself to make sure that you follow these instructions.

If you have any questions regarding any of the above issues, please do not hesitate to contact an attorney immediately. Your financial and physical health and safety may depend upon your quick and responsible action.construction law

Constructive Eviction

If a construction defect results in the loss of a living space/constructive eviction, you do not have to cover the costs of this unforeseen loss if the defect was the reason you had to abandon the premises. Most states have statutes in place that will at the very least cover your moving expenses and any other damages that you suffered as a result of the loss of a living space/constructive eviction.

Unfair Business Practices

Unfair business practices is a wide-ranging area of the law, but unfair business practices relate to construction defect law in several ways. Examples of unfair business practices as they relate to construction defect law include failure by the construction company to acknowledge and examine potential construction problems and failure to disclose the presence of mold in commercial or residential properties.

Negligence or Fraud

Negligence or fraud are legal claims that exist in several circumstances, but negligence or fraud are issues that arise within the area of construction defect law due to the lack of proper craftsmanship on the part of any builder or the failure to disclose potential problems when that builder should have known of that potential problem.

Bad Faith Claims

Bad faith claims by homeowners and commercial property owners against their own insurance companies for failing to promptly and fairly process claims is an unfortunate circumstance. However, it is also quite prevalent within the realm of construction defect law, as most construction problems that cause damage result in insurance claims. If you’re getting the runaround from your insurance company, you need to contact an attorney immediately.

Overall, several areas of law come into play when construction defects are discovered. If you have suffered damages of any kind as a result of construction defects, contact an experienced attorney right away for the answers you need.

Why Should You Hire a Lawyer After an Accident?

When you sustain an injury as a result of a car accident, you may not be the only one who suffers. Injuries incur costs, both financial and otherwise. You may suffer lost wages, you might lose your job, or your earning potential may be reduced if you are left with a significant disability. As medical and other bills pile up in the aftermath of an accident, the stress and anxiety that come with it can be overwhelming and even incapacitating at times. Individuals who are injured in a car accident may be entitled to receive compensation for their injuries, expenses, and even pain and suffering; however, doing so can be complicated, especially for someone struggling with the physical and emotional ramifications that often occur following an accident.accident attorneys

Injuries can also have a negative impact on the loved ones of the injured person. Often, family members are forced to assume the role of breadwinner or caregiver, or both, which can place a tremendous burden on them and cause additional stress for the injured person. In addition, if family members are forced to leave their jobs or reduce their working hours in order to accommodate their care-taking responsibilities, the resulting financial insecurity can further contribute to stress for all involved. Role reversals such as these can make an indelible and negative mark on families in the wake of an accident-related injury, which can hamper and complicate recovery.

In the aftermath of an accident, insurance companies often prey on the vulnerability of the victims and are quick to make contact with them. They may ask for a statement from a victim, which can be damaging to their hopes of filing a successful claim in the future. Or, they may offer a quick cash settlement, which is likely far less than what would be owed in the event that the true nature of the accident – and the resulting injuries – was revealed. In reality, insurance companies are simply trying to get to accident victims before the victim obtains legal counsel. This is where a personal injury attorney can help.

Research has shown time and time again that utilizing the services of a personal injury attorney not only increases an individual’s chances of receiving compensation but also increases the amount of damages that are awarded. Insurances companies know this, which is why they go to great lengths to resolve matters fast. This is important information to know because, after an injury, it can be difficult to think beyond the present and focus on the big picture. An initial settlement from an insurance company might be tempting, but it may not be in the best interest of the injured person, their future, or their family’s future.

A personal injury attorney can do a multitude of things to help accident victims secure adequate compensation. They can interpret complicated insurance laws and manage the associated claims. If a settlement is possible and desired by both sides, attorneys can ensure that the person at fault covers the cost of all medical bills, in addition to punitive damages for pain and suffering. Furthermore, in the event that a case goes to trial, attorneys can take the reins, handling paperwork to file with the court, ensuring that deadlines are met, and preparing their client for the trial.accident attorneys

Oftentimes, people are hesitant to retain an attorney after an accident for fear that doing so will not be cost-effective. This is often not the case. In fact, most personal injury attorneys who specialize in representing victims of car accidents do so on a contingency basis. This means that they are not paid upfront. Rather, they receive a percentage of any compensation awarded to their client. Occasionally, such an arrangement may still deter some people from seeking counsel. They may believe that they would end up with more money in their pockets if they did not have to share it with an attorney. Keep in mind, however, that working with a personal injury attorney not only increases the odds of receiving compensation, it often leads to higher awards, which can still result in more money in the pocket even after attorney fees are paid.

After an accident, even one in which the injuries are minor, it is always advisable to consult an attorney. Personal injury lawsuits can be complicated and detailed, and attorneys can help victims defend their rights and seek compensation that is commensurate with their injuries. Individuals who remain on the fence about utilizing an attorney should keep in mind that initial consultations are almost always free; therefore, they have nothing to lose by pursuing a preliminary meeting. Doing so may make a difference not only in the amount of damages they receive but also to their future well-being and that of their family.

What is a Valid Wrongful Death Claim in Texas, How is it Applied and What are Your Options?

Without a clear understanding of the law, many people in your situation may not be fully aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that must have existed, or may have existed, in order for you and your family can pursue a wrongful death lawsuit:personal injury Lawyers - wrongful death law

Your loved one must have died as a result of the negligent behavior of another person or entity (like a company). This negligent behavior could have been the direct cause – or in legal terms – the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role (or the only role) leading up to the accident. More on this website
Your relative must have a surviving family member or beneficiary that can pursue legal action. Second cousins once removed do not have legal standing unless they can prove a strong, ongoing link to the deceased family member. And that only rarely happens.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which is a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

You should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. But if criminal charges were considered against any negligent parties, even if they were not formally filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. And if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that charges were actually filed significantly strengthens any civil case you might choose to subsequently file.

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, regardless of the status of the criminal activity. wrongful death law cases

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.