Practice Areas
- Truck Wrecks
- Premises Liability
- Vaccine Injury
- Construction Injury
- Insurance Bad Faith
- Car Wrecks
- Product Liability
- Medical Malpractice
- Nursing Home Negligence
- Falling Merchandise
- Breach of Fiduciary Duty
- Breach of Contract
- Business Litigation
- Funeral Home Negligence
- Consumer Rights
- Abusive Debt Collection
The Federal Motor Carrier Safety Administration statistics reflect that in the state of Texas in 2007 there were 17,722 crashes involving large trucks and 1,397 crashes involving busses. Due to its proximity to Mexico, Texas sees more 18-wheeler and bus traffic than nearly any other state. Given the basic laws of physics, when an 18-wheeler or bus collides with a smaller vehicle, the impact forces on the smaller vehicle are tremendous. This places the passengers within the smaller vehicle at a significant risk of serious injury or death.
Handling cases involving 18-wheelers and busses requires a thorough knowledge of the Federal Motor Carrier Safety Regulations as well as the unique operational characteristics of larger vehicles. This knowledge is critical to successful resolution of these types of lawsuits. For years, Howie Law, PC has represented those who have been injured or killed in collisions with 18-wheelers and busses. Contact us to learn about how we can help you.
Property owners in Texas enjoy a number of protections under the law. In the past few years, the Texas Supreme Court has repeatedly gone out of its way to relieve property owners from liability for injuries caused by dangerous property conditions. Although the law does not require a plaintiff to prove that a property owner had actually knowledge that a dangerous condition existed on its premises, the Court has pretty much held otherwise. For these reasons, it is imperative to have an attorney who understands how to properly develop a premises liability case. Howie Law, PC has represented dozens of individuals who have been seriously injured by dangerous property conditions. If you or someone you love has been injured as a result of a dangerous premises condition, contact us immediately to find out how we can help you.
Howie Law, PC represents individuals who have suffered adverse reactions caused by a vaccine, as provided for in the National Vaccine Injury Compensation Program.
Every year, millions of Americans receive vaccinations designed to prevent the spread of dangerous and deadly illnesses. These vaccinations, however, do not come without significant risk. In fact, thousands of individuals, young and old alike, are devastatingly impacted by adverse reactions caused by vaccines. When a tragedy like this occurs, unanswered questions can lead to feelings of hopelessness and despair.
Not only has Howie Law, PC established a successful record in pursuing claims under the Program, but for years attorney John Howie, Jr. has represented individuals in complex medical malpractice cases. This invaluable experience has provided a strong background in medical issues and medical causation, which are usually the most critical issues in a claim under the Program.
Construction sites are dangerous, and when incidents occur, the injuries can be devastating. Despite the fact that construction companies are required to maintain a number of different safety measures and precautions, they routinely fail to make sure that these measures and precautions are initiated and enforced. For example, Fall Safety Protocols are useless if their requirements are not going to be enforced on a construction site. Whether it is the result of a fall, a cave-in, improperly maintained equipment including scaffolding, machinery, or tools, or the failure to properly train and use spotters, incidents are almost always preventable. Please visit our Construction Injury page to learn more about how Howie Law, PC can help you.
The primary objective of every insurance company is to make a profit. The upper level management and officers of insurance companies make billions of dollars every year in bonuses that are driven by the profits generated by the insurance company they work for. The truth is that an insurance company will do anything and everything possible to delay, deny, and low-ball its insured. The less money an insurance company has to pay on a claim, the more it will make in annual profits driving bonuses for the privileged few who run the company. Texas law recognizes a number of statutory and common laws that are designed to punish insurance companies who put profits over the interests of its insureds. Insurance companies are obligated by law to be both reasonable and fair in handling claims, and the failure to do so can subject an insurance company to significant penalties. Please visit our Insurance Bad Faith page to learn more.
Car wrecks in Texas are vigorously defendants by insurance company lawyers. The lawyers working for the insurance companies and the insurance company adjustors who hire them have one specific goal – to make sure that those who are injured or killed in a car wreck do not receive just compensation. The insurance companies will employ all sorts of techniques that are designed to gain an advantage once litigation ensues. The strategy is simple – Deny, Delay, Defend.
In nearly every instance, the insurance company of the “at fault” driver is the first to find out about a car wreck. This is because insurance companies require that they be “notified” of a car wreck immediately after it happens. The entire purpose of this notification requirement is to afford the insurance company the opportunity to begin shaping the case to benefit its insured. This includes taking recorded statements to “pin down” those involved in the collision. Insurance adjustors are trained to ask “trick questions” which are designed to either: 1) aid the “at fault” driver to escape liability; 2) help place some blame on the other individuals involved in the collision; and/or 3) minimize the injuries and damages caused by the collision. If you have been involved in an automobile collision, you should never, under any circumstances, agree to give a recorded statement until after you have spoken to an attorney who is experienced in handling these types of cases. While there may be reasons to give a recorded statement, this is not a decision that you should ever make on your own.
After a car wreck occurs, it is imperative that evidence be preserved. Vehicles get repaired or totaled and sold at auction; evidence left at the scene of the collision (skid marks, gouge marks, parts of vehicles) disappears; memories of the witnesses who observed the collision fade. Once this evidence is gone, it is nearly impossible to recreate that evidence. The only way to be sure this evidence is properly preserved is to act quickly and retain a law firm that has not only handled these types of cases but is also financially able to take whatever steps necessary to preserve the evidence. Many insurance defense firms have an “emergency response team” that is on the scene of serious motor vehicle collisions within hours. These teams include photographers, private investigators, and even accident reconstructionists. If the law firm that you retain cannot afford (or does not know how) to retain its own experts and get them on the scene immediately, you are at a tactical disadvantage once the lawsuit is filed. Having handled hundreds of car wrecks involving injuries ranging from soft tissue to death, Howie Law, PC has developed the relationships with experts that are necessary to preserve evidence and begin developing case themes immediately after collisions occur.
Many people in this country are not blessed with the benefits of health insurance. After a car wreck, those that are injured must receive the proper medical care and treatment. Failing to receive the proper medical care can result in irreparable harm by further injury, improper healing, and extended and unnecessary pain and suffering. Insurance company lawyers know that many people who are injured in a car wreck do not have health insurance and simply cannot afford to pay for medical care. This means that the injured do not go to doctors to have their injuries evaluated and be properly treated. The insurance company lawyers routinely argue that if someone does not go to a doctor, then they must not be injured. Obviously, this is just not true. Howie Law, PC recognizes the importance of receiving proper medical care and the difficulties caused by the significant expense associated therewith. If necessary, Howie Law, PC can help those who have been injured in car wrecks by getting them in contact with competent, board certified medical doctors who will provide medical care in exchange for an agreement that they be paid for that medical care out of any recovery from the lawsuit. Not only is this in the best medical interests of the client, these physicians play a very important role in an ensuing lawsuit. Treating physicians are used as experts to document the signs and symptoms of injuries, diagnose those injuries, and develop a plan for treating those injuries. This evidence, in the form of medical records and direct testimony, is crucial for the development of damages in a lawsuit.
The aforementioned is just a small window into the complicated nature of these cases. That is why it is imperative that a car wreck victim retain a competent and experienced lawyer to help them navigate the course. Only by handling hundreds of car wrecks can an attorney provide the counsel and advice necessary to maximize a victim’s recovery. For nearly a decade, John Howie, Jr. has successfully advocated on behalf of those who have been injured or killed in car wrecks. Howie Law, PC has the knowledge, skills, and resources to fight insurance companies and their lawyers. Contact us and let us help you along the road to recovery.
Product manufacturers take short cuts all the time. It is a well known fact that the federal government does not want to regulate product manufacturers, and the truth is that the government would not have the resources to adequately regulate them even if it did want to make the effort. This gives product manufacturers significant opportunities to compromise the safety of consumers using their product. Manufacturers owe a duty to the public to design and manufacture reasonably safe products. They further owe a duty to take reasonable steps to warn the public of known risks their product may pose. Unfortunately, most manufacturers will take the least expensive routes to design and manufacture products because this will allow them to make the most profit when they sell the product. Also, manufacturers will refuse to warn consumers of known risks involving the product because they believe that the warnings will compromise sales of the product. Please visit our Product Liability page to learn more.
Doctors and other health care providers are a “protected class” in Texas. The insurance companies and the medical profession have done a masterful job manipulating the laws in the state of Texas to shield them from being held responsible for their errors. The laws in Texas are designed to prevent lawsuits against doctors and health care providers, and the judges and Texas Supreme Court are using these laws to protect doctors and health care providers by making it nearly impossible for victims of medical negligence to prevail. Unfortunately, many lawyers in Texas are not familiar with the pitfalls that face the unwary in a medical negligence case. The procedural requirements are unlike any other type of case. The failure to strictly adhere to the procedural requirements results in mandatory dismissal of the case, and the court will require the victim to pay for the doctor’s or health care provider’s legal defense which includes both attorney’s fees and expenses! Despite these oppressive procedural requirements and protections for doctors and health care providers, Howie Law, PC continues to fight on behalf of victims of medical negligence. Visit our Medical Negligence page to learn more.
Nursing homes are charged with the responsibility of providing for the safety, care and medical treatment for the elderly. There is simply no excuse for their failure to comply with this responsibility. Unfortunately, owners of nursing homes will employ cost-saving measures to maximize profits. This typically results in inadequate staffing levels, untrained nurses and nurse aides, and unsafe and unsanitary conditions in the facilities. Any of the aforementioned can result in devastating and life-threatening injuries to those that we love. Nursing homes and long term care facilities have a number of protections under the laws of the state of Texas. Just like doctors and other medical providers, nursing home cases are fraught with procedural landmines that are designed to catch the unwary or inexperienced lawyer. Howie Law, PC has developed the legal experience necessary to pursue these cases by and through its representation of dozens of victims of nursing home negligence and their families. Please visit our Nursing Home Negligence page to learn more.
Over the past decade, warehouse stores have popped up everywhere. Whether it is Home Depot, Lowes, Wal Mart, Toys-R-Us, K-Mart, or Sams, the idea is the same. Instead of storing the inventory in the back of the store or off-site in a warehouse, these stores keep the inventory stacked in the shopping area. Despite the strict standards that these retailers are required to follow, in many instances they are blatantly indifferent to customer safety. Whether it is due to improper stacking, unsafe merchandising, or hazardous use of machinery such as forklifts or pallet jacks, merchandise on shelves can fall and cause serious injuries or even death. Please visit our Falling Merchandise page to learn more.
A fiduciary is someone who owes a special duty to someone else. A fiduciary duty can arise under a number of situations, and it is the highest duty recognized under the laws of the state of Texas. Some types of fiduciary duties including that of a lawyer to his or her client, that of a stock-broker or money manager to his or her client, that of an employee to his or her employer, and that of a trustee or executor to his or her beneficiary. A fiduciary duty requires the utmost good faith and fair dealing, and a fiduciary should never place his or her interests ahead of the individual to whom the fiduciary owes the fiduciary duty. Please visit our Breach of Fiduciary Duty page to learn more about how Howie Law, PC can help you.
Contracts arise under a number of situations. They can be oral or in writing, and they generally involve an exchange of promises. When one party to a contract performs and the other does not, a breach of the contract has occurred. This can be as simple as performing work for someone and not getting paid for performing the work. It can also become very complicated depending on the number of parties to the contract and the subject matter and obligations of the respective parties under the contract. Howie Law, PC has handled a number of breach of contract cases involving all types of subject matters including cases involving residential construction contracts, commercial construction contracts, insurance contracts, professional services contracts, partnership agreements, and employment agreements. Please visit our Breach of Contract page to learn more about how Howie Law, PC can help you.
Business Content
Funeral homes are charged with the responsibility of treating the dead with dignity and respect. On occasion, however, these facilities fail to comply with Texas law relating to the disposition of the dead. Given that the subject of their work is so sensitive, when they fail to do their job responsibly, it can create extreme mental anguish for the immediate family members of the decedent. Please visit our Funeral Home Negligence page to learn more about how Howie Law, PC can help you.
Texas has one of the most consumer friendly consumer protection statutes in the country. In many circumstances, it is not financially feasible for a consumer to retain an attorney in these cases because the attorney’s fees and expenses will significantly outweigh any potential recovery. Recognizing this predicament, the Texas legislature passed the Texas Deceptive Trade Practices Act which provides consumers with the right to recover attorney’s fees in successful cases. There are a number of consumer protection statutes which can be pursued under the Texas Deceptive Trade Practice Act. This allows the consumer to potential recover “additional damages” which can include mental anguish and monetary recovery in the form of punitive damages. Please visit our Consumer Rights page to learn more.
Debt collector abuse is rampant in this country despite the fact that there are both state and federal laws designed to curb the tactics that are routinely used by debt collectors to harass, threaten, mislead, and abuse consumers. Depending on the tactics being used by the debt collector, there are a number of remedies available to the consumer under the law. Please visit our Abusive Debt Collection page to learn more.