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How Much Compensation Do You Get for a Burn Injury?

Burn injuries can be incredibly severe and are immensely painful, and the costs associated with them may be considerable. If you have suffered burn injuries that occurred due to the negligence or recklessness of another person or organization, you may be entitled to compensation. Contact a Texas burn injury attorney today to learn more about your options as well as what type of award you can expect to receive. The Road to Compensation Filing a Burn Injury Lawsuit Unfortunately, burn injuries are common around the world, in the United States, and in Texas. Every year, fire, chemicals, electricity, and catastrophic events cause hundreds of thousands of individuals to suffer burn injuries. Burns can be caused by certain products[...]

Can You Change A Custody Agreement Without Going to Court?

If you are divorced or legally separated and have children with your ex, you likely have a court-approved custody agreement. But if you want it changed, you may want to know, can you change a custody agreement without going to court? The custody document specifically states the time your children will spend with you and your spouse, including holidays and weekends. It is required by law that both parents abide by the terms of the agreement, as it was created in the best interests of your child/children. That said, we all know that “life happens” and circumstances do not always remain the same. Over time, a variety of factors may contribute to the need to change your custody agreement. When this happens, you may wonder if you can[...]

How to Pay Medical Bills During a Brain Injury Lawsuit

If a loved one was involved in a severe accident, you may wonder how will you pay medical bills during your brain injury lawsuit. A serious brain injury can leave a victim with lifelong disabilities and medical and rehabilitation needs. If you have no health insurance, or not enough to cover the bills, this can be a major concern. The Evans & Herlihy Law Firm may help you pursue compensation, including payment for the victim’s medical care. We have successfully represented personal injury plaintiffs for more than 15 years, including those suffering from traumatic brain injuries (TBI). As a small firm, we offer personal attention that’s hard to find at a large corporate law office. To learn more about how we can help you and your fami[...]

Does It Matter Who Files for Divorce First?

Getting divorced is one of the most stressful things you will ever do, even if you are still friends with your ex. The process can be expensive and go on for several months, during which time you have to expose your most personal secrets to strangers. You may be wondering if you have a legal or strategic advantage if you are the one who files first. In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you. Advantages to Filing First There are several potential advantages to filing first. The Person Who Files[...]

Can You Sue for Pain and Suffering After a Car Accident?

If you were injured in a car accident and want compensation for what you’ve been through, you may wonder, can you sue for pain and suffering after a car accident? Pain and suffering are damages sought in an insurance claim or lawsuit. Damages measure in dollars the harm you suffered. Car accident pain and suffering can’t be easily converted into dollars, but there are methods used to fairly compensate accident victims. Evans & Herlihy Law Firm protects the rights and interests of accident victims. If you’ve been in an injury in a car accident, pain and suffering may be a regular part of your life. Severe injuries can be life-changing events that deprive you of an active, full life. You should get compensation for the mental[...]

How Do I Get a No-Fault Divorce in Texas?

If you’re having marital problems you can’t resolve, you may wonder, how do I get a no-fault divorce in Texas? Although neither of you may have done anything intentionally to wreck your marriage, a no-fault divorce isn’t necessarily a no-problem divorce. All the other issues that come with divorce need to be resolved, too. How well the process goes depends on the parties’ ability to amicably deal with spousal support, child custody and support, dividing assets and debts. Evans & Herlihy helps married couples divorce so they can start over and begin new lives. Most of our divorce clients use the no-fault system. If you have questions on divorce or how the process works, call us at (512) 732-2727 today. What is No-Fault Divorce [...]

How Child Support is Calculated in Texas

State statute determines how child support is calculated in Texas, though a judge has some flexibility. Whether you’re receiving or paying child support, you need to focus on your child’s needs and meet them as best you can. Judges take child support seriously, so if you’re obligated to pay it but can’t afford the payments, you could ask to reduce your obligations. Under Texas law, child support isn’t voluntary. If a court decides how much support you must pay, you have a legal duty to do so. Even though child support payments are required in Texas, parents often stop paying or pay less than the ordered amount. This may be the result of changes in a parent’s financial situation. They may be laid off or have unexpected[...]

What is the Average Payout for a Head Injury?

If you suffered a severe accident that caused harm to your brain, you might wonder, what is the average payout for a head injury? Payouts for any injury vary, depending on many factors. What you collect may be very different than what’s obtained by others. A head injury is often some form of traumatic brain injury (TBI). TBIs can range from mild concussions to fatal injuries. In some people, a mild concussion can have life-long impacts. Most important, it can leave you more susceptible to additional and more severe concussions. Serious TBIs can cause severe mental and physical disability, personality changes, and decreased intellectual functioning. Recovery from a TBI is difficult to predict. While some recover well, other people m[...]

What Legal Rights Does a Non-Custodial Parent Have?

If you’re going to be involved in a child custody dispute, you may not get custody, so you may ask, what legal rights does a non-custodial parent have? If this happens to you, unless there is evidence that you’ll endanger your child, you should have access to and spend time with your child. In Texas, if parents can’t reach an agreement about their rights to their children, a judge will decide. The most important thing a judge will think about is making a decision that reflects and promotes your child’s best interests. Texas uses legal terms related to child custody that are different than those used by other states. The Texas terms aren’t “custody” or “visitation.” The parent with the legal right to make important deci[...]

Using Kids as Pawns in Divorce

Using Kids as Pawns in Divorce is Harmful to Everyone There are no winners when children are drawn into divorce conflicts. Divorce is stressful enough for parents and children, but when parents use their kids as pawns, they may be subjecting them to irreparable harm. Children are caught in the middle and may become confused. Their sense of security and self-esteem may be damaged, and they may wind up blaming themselves. By putting children in a situation where they feel they have to choose between their parents, parents further destroy their relationship with each other and are unable to cooperate and co-parent in a manner that is in the child’s best interests. Children may resent and withdraw from their parents, creating long-term r[...]

Can Text Messages Be Used in a Divorce?

As divorce attorneys, we hear the question, “can text messages be used in a divorce?” quite frequently. Asking it makes a lot of sense. Think for a moment. You likely spend a significant amount of time on your cell phone. Today, more than ever before, many of us use texting as our primary form of communication with our friends, our families and, quite often, our significant others. In fact, newly dating couples tend to use text messages to get to know each other and even plan their dates. These texts are often fun and flirty. Cell phones offer an effective and efficient way to communicate. Unfortunately, as you are probably aware, conversations over text are not always happy and positive. In fact, many of us are more li[...]

What Qualifies as a Wrongful Death Lawsuit?

What qualifies as a wrongful death lawsuit varies on the facts of the accident and the laws that apply. What doesn’t change is the grief, sadness, sense of loss, and anger when a loved one is suddenly taken away. If your loved one was killed by negligence or an intentional act, your family might obtain compensation for your losses through a wrongful death lawsuit. A cause of action for wrongful death exists in Texas when a person is killed because of another’s “neglect, carelessness, unskillfulness, or default.” The person’s spouse, children, or parents, or the executor of the estate may be able to file a wrongful death claim. It would be filed against the responsible parties to cover financial losses and emotional suffering. [...]

What is an Uncontested Divorce?

Divorce can be one of the most devasting and adversarial experiences couples go through, but the process is made easier when a divorce is uncontested. So, what is an uncontested divorce? If you and your divorcing spouse can communicate and agree on the issues, Texas allows you to file for an uncontested or “agreed” divorce. This is a simplified process that is relatively fast, and you may qualify if you meet the criteria that includes: Both spouses agree to a divorce and on the “grounds” for the divorce You do not have minor children together, own property together, have retirement benefits to divide, or seek alimony There are no ongoing bankruptcy cases. Even if your divorce is uncontested, one spouse still has to get [...]

Handling Joint Custody Arrangements in the COVID-19 Pandemic

Joint custody can become more complicated during the COVID-19 pandemic. Both parents should be flexible and prioritize their child’s well-being ahead of their own needs and any animosity they may feel toward the other parent. If you are having conflicts over child custody, Evans & Herlihy is here to help. Physical and legal custody (or "conservatorship" as Texas law calls it) describes your legal relationship with your child if there’s a court order. Most orders have both parents as Joint Managing Conservators (JMCs). A court will go this route unless there’s a reason not to (such as domestic violence, drug use, mental illness). In this situation, both parents make decisions about their child’s education, medical treatment, and o[...]

Who Gets the Money in a Wrongful Death Settlement?

Who gets the money in a wrongful death settlement is based on Texas law. If your family member died due to the negligence or intentional act of another party, you might be able to file a wrongful death claim against those responsible. The settlement money is paid to a surviving spouse, children, parents, or estate. If your family suffered the loss of a loved one because of the actions of another party, Evans & Herlihy may be able to help. There’s practically no limit to the situations that can be the basis of a wrongful death lawsuit. Loved ones are killed every day due to the negligence or intentional acts of others. These lawsuits try to hold the responsible parties accountable and provide compensation for the losses suffered by fami[...]

Can You Sue a Hospital for Wrongful Death?

It’s a fact of life that some hospital patients will die, but if the death of your family member was caused by negligence, you may be asking yourself, can you sue a hospital for wrongful death? You can if the facts and law support such a claim. You can talk to the attorneys at Evans & Herlihy to discuss whether this kind of lawsuit is right for your family. You may file a wrongful death lawsuit if, under Texas law, a family member dies because of another’s “neglect, carelessness, unskillfulness, or default.” A case could involve the hospital if it played a role in your loved one’s death. If the hospital’s actions causing the death were grossly negligent or willful, you might be entitled to a punitive damages award. It wou[...]

Can You Sue a Nursing Home for Wrongful Death?

If a member of your family died in a nursing home because of negligence or an intentional act, can you sue a nursing home for wrongful death? How that may play out depends on the facts and applicable laws. There may be an arbitration clause in the admission paperwork. That clause can’t stop a wrongful death claim, but it might not go to court. Under Texas law, there can be liability for a wrongful death claim if you can show: An injury caused a person’s death. The injury was caused by an individual, a group of individuals, a company, or a corporation, or an agent or employee of the individual, company, or corporation. The party committed a wrongful act, neglect, carelessness, or unskillfulness. When can you sue a nursing[...]

ATV Accidents Can Cause Serious Injuries

ATV accidents can cause serious injuries, but they still attract riders because they can get you to remote spots and are fun to use. All those benefits disappear, however, the moment a severe ATV accident happens. Whether you were working, hunting, or having fun, if you hit another rider or object, or flip the ATV over, your world may change forever. If you or a family member is severely injured in an ATV accident, you may feel like your life has shattered. In addition to having to earn an income and run a household, a spouse, child, or close family member may have suffered head, neck, or spine injuries that could leave them disabled and require your assistance. You need help not just medically, emotionally, and financially, you need[...]

Domestic Violence Resources in Austin to Contact for Help

Cities across the country have seen a frightening rise in domestic violence cases since the COVID-19 coronavirus pandemic began, according to numerous reports. In Austin, calls to a local domestic violence hotline jumped by 15% during a single week when stay-at-home orders were first put in place, according to an article in The Statesman. And as the weeks go on, domestic violence incidents will almost certainly grow. Because of the significant jump in abuse incidents, we wanted to make community members aware of domestic violence resources in Austin, the state and the nation. Spouse abuse, child abuse and abuse of any vulnerable person are not okay. It is important that you know where to turn for help if you or a loved one is being abus[...]

Can I Sue Juul for Getting Me Addicted?

Vaping quickly became one of the nation’s largest health concerns in 2019 when nearly 1,500 people suffered serious health complications and dozens died from what is now being called vaping-related lung injury. People now have many questions, one of which is, “Can I sue Juul for getting me addicted?” As the vaping industry and safety officials get to the bottom of the causes of the 2019 outbreak, people are now understanding that this supposedly “safe” alternative to smoking isn’t so safe after all. Let’s talk about what we know and what you can expect if you want to file a lawsuit against Juul. Can I File a Lawsuit Against Juul for a Nicotine Addiction? Under our legal system, you can file a lawsuit against pretty much[...]