Business Dispute Law Firm

Wichita Falls Business Dispute Lawyers

The Texas Business Litigation Attorneys of Banner, Briley & White

If a business partner or vendor has reneged on a commitment and cost you a substantial sum of money, or if a competitor has appropriated your intellectual property, you have a business dispute on your hands.

Can a positive outcome be negotiated? Or is the last resort of commercial litigation a foregone conclusion?

In Wichita Falls and throughout north Texas and Oklahoma, the lawyers who can generate a practical, lasting solution to your contract dispute — so you can return to the smooth operation of your business — are Banner, Briley & White.

Our firm resolves commercial disputes and represents both individuals and businesses in various types of business litigation. Our practice is centered in north-central Texas, but we can and do handle matters in other parts of the country as well.

Let’s sit down and discuss how we can help you. Contact our Banner, Briley & White law offices at 866-492-9554, toll free.

Skillful Negotiation, Aggressive Litigation That Protects Your Rights

Commercial disputes or business torts arise in a wide range of circumstances, including:

  • Interference in a business relationship
  • Partnership disputes
  • Wrongful freeze-outs
  • Breach of contract
  • Breach of fiduciary duty
  • Breach of contract for shareholder and employment agreements, real estate and construction contracts, insurance policies, bankruptcy proceedings, warranty claims
  • Infringement of copyright, patent, trademark, trade secret and intellectual property
  • Business fraud

People and businesses enter into contracts every day and the breach of an important contract can have a significant impact on a company’s business objectives. Banner, Briley & White attorneys help companies involved in contract disputes assess their options and make decisions consistent with their goals. We have dealt with contract litigation in a broad spectrum of transactions and businesses

When Personal Injuries Result in Death: Wrongful Death Cases

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased’s surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. Each state has its own statute covering claims for wrongful death, and not every state follows the same guidelines, principles, or rules. A personal injury attorney in your state can advise you on whether you have a valid wrongful death claim and can help you pursue that claim to the best possible outcome.

Laws on Wrongful Death Resulting from Personal Injuries Vary from State to State

Some states have “true” wrongful death acts in which the next of kin are entitled to bring a cause of action in their own names as a result of damages sustained following the decedent’s death. Other states have acts that are more properly called “survival acts,” which preserve the rights that vested in the decedent at the moment of death, expand those rights to include the right of the survivors to bring a claim based on the decedent’s rights, and include claims for damages resulting from the actual death itself. Finally, some states recognize both types of lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories.

Which individuals are entitled to bring a wrongful death claim also depends on the jurisdiction. Generally, the primary beneficiaries of the individual-often the spouse and children-are able to bring a claim, and in some states the parents of the deceased may be also designated as beneficiaries. In most states, if the deceased did not leave behind any spouse, children, or parents, there is no one who may bring a wrongful death claim, unless the scope of the state’s wrongful death act has been expanded to include other persons who were dependent on the deceased. Sometimes, the recovery, if any, is simply doled out to the deceased’s heirs at law or is distributed to the beneficiaries of the estate, as it would be in any normal probate proceeding.

In most jurisdictions, in order to be legally liable, it is not necessary that the defendant’s conduct be the sole cause of the death. Even when the defendant’s negligence contributes in part, or in tandem with other circumstances, to the decedent’s death, liability may still attach. Generally, a wrongful death cause of action can arise out of any tort theory, including an intentional tort, reckless or negligent behavior, or strict liability.

When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs may be able to recover the costs of the deceased’s medical care and treatment related to the negligent conduct, the funeral expenses incurred for the deceased’s burial, the loss of future earnings of the deceased, the value of the loss of the deceased’s benefits (such as pension benefits or medical and health insurance coverage), the value of the loss of consortium, and general damages. Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death, as well as punitive damages.

Wrongful Death Cases

The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the pecuniary loss to which the plaintiffs are entitled. Pecuniary loss generally includes the survivor’s loss of support, contributions, and services due to the decedent’s death. The bases for computing these damages are the decedent’s life expectancy and work life expectancy. The life expectancy of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries must be considered. In calculating the value of the survivors’ future loss, not only may the wages of the decedent be considered but the court may also consider the value of past contributions made by the decedent, the decedent’s familial concern, his personal habits, and his spending behavior.

In cases where there is more than one beneficiary, the damages recovered will be distributed among those beneficiaries. Most states allocate the damages among the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in statute, and in others divided according to normal intestacy laws within the state.

A defendant is entitled, in general, to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful cause of action, the survivors may not then successfully bring a wrongful death action and recover, in essence again, for the same injury. There are limitations to this prohibition and in some situations, the survivors may be entitled to commence and maintain a claim.

Prescription Medications: Things You Should Know

While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them. If you believe you may have been injured as a result of a prescription drug, contact an experienced medical malpractice or products liability attorney at once.

Prescriptions: The Basics

Each prescription has four parts:

Superscription: The heading where the symbol R or Rx is located.

Inscription: The area of the prescription that contains the names and quantities of the ingredients or drugs.

Subscription: The directions for compounding or mixing the drug.

Signature: Often preceded by the sign “s,” this is the portion of the prescription that gives the directions to be marked on the bottle, vial, or container.

Physicians are notorious for having incomprehensibly poor penmanship. While you may not worry about having to read their notes in your medical chart, you may be more worried about a pharmacist being able to read their prescriptions for you. Once you get your prescription, you may not understand all of the abbreviations and notations on the label. If you don’t, you might find the following glossary helpful.

Prescriptions

a.c.: before meals, from the Latin “ante cibum”
ad lib: use as much as one desires, from the Latin “ad libitum”
b.i.d.: twice a day, from the Latin “bis in die”
da or daw: dispense as written.
gtt.: drops, from the Latin “guttae”
pc: after meals, from the Latin “post cibum”
p.o.: by mouth, or orally, from the Latin “per os”
p.r.n.: when necessary, or as circumstances require, from the Latin “pro re nata”
q.d.: once a day, from the Latin “quaque die”
q.i.d.: four times a day, from the Latin “quater in die”
q.h.: used where a medicine has to be taken every so-many hours, from the Latin “quaque,” meaning “every,” and “h” indicating the number of hours. For example, q.2h.: every two hours.
t.i.d.: three times a day, from the Latin “ter in die”
ut dict.: as directed, from the Latin “ut dictum”

Smarts, Safety, and Prescriptions

    • While prescription medications are usually beneficial, at the same time they may be dangerous. If you abuse prescription medications or fail to take them correctly, you may have a serious adverse reaction. While your doctor is responsible for prescribing the right medication, and your pharmacist is in charge of filling the prescription, you are responsible for taking the medications and assisting your doctor and pharmacist in any way that you can. Here are some tips on how you can fulfill those responsibilities.
    • Make sure that your physicians know what medications you are on, including over-the-counter medications and alternative medicines. If your physician is contemplating prescribing medications to you, he or she needs to make sure that they won’t have a dangerous reaction with any other medications you are taking.
    • If possible, keep all of your medical care in the same group or practice so your physician can easily access your medical information and review your prescription medications. If you have to see other physicians or specialists, make sure that they receive your chart from your primary care physician, or ask them to speak with your primary care physician before prescribing any medications.

Prescribe

  • Keep track of your medications by making a list of their names and the instructions for their use. This may be particularly beneficial if you are on many different types of medications for many different conditions. Keep the list in a place where you can refer to it easily.
  • Only take the dosages that your doctor has approved. If you feel that any medication you are taking is not having its intended effect, call the prescribing physician. Ask if you can take more, or if you should be on a different type of medication.
  • If you are having any adverse or abnormal reactions to your prescription medications, contact your physician immediately.
  • If you have young children in your household, make sure that you have childproof caps on your medicine bottles. Keep the bottles away from anyone who may not understand their use or potency.
  • Never take another person’s prescription medication. Although you may feel that you have similar symptoms, or a similar condition, you can’t be certain that you won’t have an adverse reaction to their medication or that dosage.