Search Results for: property damage

Who gets “made whole” first? Insurance companies at odds with policyholders following recovery in a lawsuit

Over 20 years ago the Texas Supreme Court decided in Ortiz v Great Southern Fire & Casualty that an insurance company is not entitled to recover from the proceeds of a policyholder’s lawsuit until the policyholder has been made whole.  What this means is that an insurance company cannot seek reimbursement for the claims it paid to its customer until the customer’s recovery exceeds all expenses related to the loss.  The practical result is that an insured person can often recover medical expenses from his or her insurer and other damages such as disfigurement or loss of income from a negligent party and keep both amounts unless it would result in a double recovery. This was based on the principal that, since the insurance company was paid a premium to assume the economic risk resulting from injury to the policyholder, the insurance company should not recover before the policyholder.  Insurance companies retained the right of subrogation to prevent double recovery, but the “made whole” doctrine ensured that the customer was, in fact, made whole first.

Since the Texas Supreme Court’s decision in Ortiz, insurance companies have revised subrogation clauses in their policies to combat the “made whole” doctrine, attempting to recover before or alongside their policyholders instead of after the insured is made whole.  In Fortis Benefits v. Cantu, the Texas Supreme Court determined that insurance companies may dispose of the “made whole” doctrine in certain situations by placing contract clauses to that effect in the insurance policies.

The result is that insurance companies and their insureds may be at odds following recovery of damages in a lawsuit by the insured.  Both insurance companies and policyholders are likely to require legal guidance following resolution of a personal injury or property damage case to determine the rights of the parties to the recovery. The insurance coverage attorneys at McCleskey are experienced and knowledgeable regarding these issues and are able to assist both insurers and insureds in subrogation disputes.

Personal Injury Defense

When an injured party seeks to hold someone else responsible for his or her circumstances, the experienced personal injury defense lawyers at McCleskey, Harriger, Brazill & Graf in Lubbock, Texas, protect clients’ legal rights and defend them against those who believe they should pay for their injuries.

A plaintiff may try to hold a business responsible for a wide variety of damages, including lost wages, medical bills, property damages, insurance premiums, and other damages that may extend to the rest of the injured party’s life. Our Lubbock personal injury defense attorneys have represented hundreds of personal injury defendants at every step, from pre-trial discovery and settlement negotiations to mediation, arbitration, trial and appeal.

Our personal injury defense services include claims for:

  • Transportation Accidents
  • Automobile Accidents
  • Motorcycle Accidents
  • Bus Accidents
  • Truck Accidents
  • Boat Accidents
  • Bicycle Accidents
  • Construction Accidents
  • Pedestrian Accidents
  • Wrongful Death
  • Premises Liability
  • Traumatic Head Injury
  • Permanent Disability
  • Defective Products
  • Nursing Home Injuries
  • Bad Faith Insurance Claims
  • Municipal Liability
  • Medical Malpractice

We are proud of our reputation as a successful personal injury defense law firm, but we are equally proud of being known for our integrity, compassion, community service, and the personal attention we provide every client we represent. Many of our clients have been with us since our founding more than 80 years ago. Those kinds of relationships are built on a foundation of trust, communication, and great service that endures over many generations of clients and attorneys.

Contact us to learn more about our personal injury defense services.

Construction Accidents & Death

Construction accidents happen all too frequently, leaving victims seriously injured or dead because their employer failed to comply with workplace safety requirements. The Texas construction accident attorneys at McCleskey, Harriger, Brazill & Graf provide sophisticated legal representation to those who have been catastrophically injured or killed in a construction accident.

Texas Construction sites can be dangerous places. That’s why state and federal laws require employers, managers and supervisors to comply with regulations aimed at keeping workers safe. Construction workers have a right to work on safe equipment, receive thorough training, have access to safety equipment, and be able to address their safety concerns with their supervisors.

Frequently, however, those who supervise Texas construction sites put profitability and speed ahead of worker safety and take shortcuts that can cause serious injury and even death.

When that happens, the construction accident lawyers at McCleskey, Harriger, Brazill & Graf have the knowledge and experience to guide seriously injured construction workers and the families of those who have been killed in construction accidents through the process of seeking justice. Damages can be sought for medical bills, funeral expenses, property damage, lost wages, loss of future earnings, pain and suffering, mental or emotional trauma, and other forms of damages.

Our construction accident attorneys represent seriously injured victims and the families of those who have been killed in construction accidents, including claims for Negligent Operation and Maintenance of Construction Equipment.

Our Texas construction accident attorneys represent clients in a variety of legal matters including:

Contact us to learn more about our legal services to victims of construction accidents and death.

Defective Products

When defective products make their way into the American marketplace the result is all to often serious injuries and death. The Texas product liability lawyers at McCleskey, Harriger, Brazill & Graf have the skills and the expertise to bring to justice those who design, manufacture and sell defective products.

Our team of defective products lawyers knows how to build a case and present it persuasively to a judge and jury. Our lawyers have decades of experience successfully litigating disputes in state and federal courts throughout the country.  We are also experienced in alternative dispute resolution methods, including mediation and arbitration.

As part of a defective products lawsuit, damages can often be sought for medical bills, funeral expenses, property damage, lost wages, loss of future earnings, pain and suffering, mental or emotional trauma, and other forms of damages. Our Texas product liability lawyers represent those who have been catastrophically injured or killed because of defective products, including:

Our goal is to help our clients succeed and prosper long after their deal is closed. Having served Lubbock, TX for generations with a reputation for integrity and excellence, our deep roots are a vital part of who we are. By providing a full array of exceptional legal services to the businesses and individuals who built and continue to make our community strong, we’re helping to ensure that West Texas is, and continues to be, a great place to call home.

Contact us to learn more about our representation of those who have been seriously injured or killed because of defective products.

Negligent Operation and Maintenance of Equipment

From drills and saws to cranes and backhoes, construction equipment requires regular maintenance and safe operation. Unfortunately, many construction accidents occur because the equipment has been negligently or recklessly operated or improperly maintained.

When a catastrophic injury or death occurs because of improper maintenance or reckless operation of construction equipment, the construction negligence attorneys at
McCleskey, Harriger, Brazill & Graf are committed to achieving justice for the victims and their families.

Construction workers have a right to work on safe equipment, receive thorough training, have access to safety equipment, and be able to address their safety concerns with their supervisors. When those requirements are not met and a worker or passerby becomes seriously injured or dies as a result, our lawyers can seek damages for medical bills, funeral expenses, property damage, lost wages, loss of future earnings, pain and suffering, mental or emotional trauma, and other forms of damages.

The construction negligence lawyers at McCleskey have a reputation for integrity, a commitment to excellence, and deep roots in our community, going back for generations. Our goal is to help our clients succeed and prosper, long after their legal issues are resolved. We provide a full array of exceptional legal services to the businesses and individuals who make our community strong, in order to ensure that the West Texas and New Mexico region remains a great place to call home.

Contact us to learn more about our legal services to victims of reckless operation and improper maintenance of construction equipment.

Construction Accidents & Death

Construction accidents happen all too frequently, leaving victims seriously injured or dead because their employer failed to comply with workplace safety requirements. The Texas construction accident attorneys at McCleskey, Harriger, Brazill & Graf provide sophisticated legal representation to those who have been catastrophically injured or killed in a construction accident.

Texas Construction sites can be dangerous places. That’s why state and federal laws require employers, managers and supervisors to comply with regulations aimed at keeping workers safe. Construction workers have a right to work on safe equipment, receive thorough training, have access to safety equipment, and be able to address their safety concerns with their supervisors.

Frequently, however, those who supervise Texas construction sites put profitability and speed ahead of worker safety and take shortcuts that can cause serious injury and even death.

When that happens, the construction accident lawyers at McCleskey have the knowledge and experience to guide seriously injured construction workers and the families of those who have been killed in construction accidents through the process of seeking justice. Damages can be sought for medical bills, funeral expenses, property damage, lost wages, loss of future earnings, pain and suffering, mental or emotional trauma, and other forms of damages.

Our construction accident attorneys represent seriously injured victims and the families of those who have been killed in construction accidents, including claims for Negligent Operation and Maintenance of Construction Equipment.

We strive to help our clients succeed and prosper, long after their dispute is resolved. By providing a full array of exceptional legal services to the businesses and individuals who make our community strong, we’re helping to ensure that West Texas and New Mexico remain a great place to call home.

Contact us to learn more about our legal services to victims of construction accidents and death.

Premises Liability

Property owners and managers have a duty to provide a safe environment to their customers, residents, and the general public. When they don’t and someone is seriously injured or killed as a result, they can be responsible for significant damages under Texas’ premises liability laws.

The Texas premises liability lawyers at McCleskey, Harriger, Brazill & Graf provide sophisticated legal representation to those who have been seriously injured or killed because of the negligence of a property owner or manager. Our attorneys know how to build a premises liability claim that can help a seriously injured party receive compensation for medical costs, pain and suffering, funeral expenses and other costs associated with an owner or manager’s negligence.

Our lawyers have successfully litigated disputes in state and federal courts throughout the country, including appeals to the Supreme Court of Texas. We are also experienced in alternative dispute resolution methods, including mediation and arbitration.

Our Texas premises liability lawyers have a reputation for integrity, a commitment to excellence, and deep roots in our community, going back for generations. Our goal is to help our clients succeed and prosper, long after their legal issues are resolved. By providing a full array of exceptional legal services to the businesses and individuals who make our community strong, we’re helping to ensure that the West Texas and New Mexico region remains a great place to call home.

Contact us to learn more about our representation of those with a Texas premises liability claim against a negligent property owner or manager.