Civil Litigation

Wichita Falls Attorneys for General Civil Litigation

The Texas Business Dispute Lawyers of Banner, Briley & White

Litigation creates winners and losers. That’s the nature of the process, and the reason why most disputes — over a serious personal injury, business contract or any other issue — often settle before trial or during the trial itself.

In real life, any lawyer who tells you that he or she has never lost a case either doesn’t try many cases, or isn’t telling the truth. And if they’re not willing to tell the truth about that, you can be sure they haven’t learned much from their experiences.

At Banner, Briley & White, we can tell you that our lawyers have been trying cases for so many years that they have, in fact, lost a few. However, what’s important is that, as a firm, we have learned something valuable from every case we have lost.

More important, we take that knowledge with us into court every day and use it to the advantage of our current clients whenever it applies.

Litigation can be confusing, especially if you have never been involved in a lawsuit. If you have questions about the litigation process, contact an experienced trial lawyer at Banner, Briley & White in Wichita Falls. Call toll free: 866-492-9554.

Civil Litigation

Wichita Falls Litigation Attorneys Working Together Since 1992

Our firm handles a wide variety of civil disputes and litigation in state and federal courts. These matters include breach of contract and breach of fiduciary duty claims in business disputes, will contests that become probate litigation, real estate disputes, employment law cases, equine law/horse racing litigation and more. Because we are full-service in our litigation practice and thorough in our readiness for trial, we employ a trial consultant to assist with witness preparation.

When we are not aggressively litigating on behalf of our clients, we are educating them on how to avoid the unnecessary costs and wasted energies that litigation can cause. We have to share our knowledge of risk management and litigation avoidance, or we wouldn’t be doing our jobs. As few true winners as there are in this arena, you need to know when to pick your battles, especially on those occasions when use of a courtroom simply isn’t worth it.

For straight talk about litigation, negotiation, arbitration, mediation or any method of dispute resolution that can produce the practical, lasting results you need, come to Banner, Briley & White.

Personal Injuries from Animal Bites or Attacks

Personal Injuries from Animal Bites or Attacks

Animal attacks can result in far more than physical pain. Disfigurement, a fear of rabies or other disease, and even a long-term fear of the type of animal that caused the injuries can result. A pet owner may be liable for such injuries when his or her animal bites or otherwise attacks another; he or she must compensate the injured party for the resulting damages.

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans, causing injury and potential liability for their masters. Even non-domesticated animals, such as large cats ordinarily found in the wild, can attack children and adults. The liability for all such attacks, if any, will vary greatly from jurisdiction to jurisdiction. A lawyer experienced in dog bite and personal injury law is the best source for accurate advice and information in animal attack cases.

The Plaintiff’s Burden of Proof in Animal Attack Cases

To succeed in most animal attack cases, the plaintiff must prove that the animal that caused the injury was owned and kept by the defendant. In the past, the plaintiff was also required to show that the owner knew or should have known that the animal was dangerous, mischievous, vicious, or prone to such undesirable and potentially threatening behaviors. Under current law, however, when proof is established that an owner was somehow negligent, such as by not properly restraining or containing the animal, the plaintiff may often recover without making a showing of the animal’s viciousness.

An owner of an animal may be found negligent under any circumstances in which he or she had knowledge of the animal’s viciousness but failed to act in order to prevent injuries to others. Accordingly, if an animal exhibits vicious or uncontrolled behavior, the owner should take steps to ensure that the animal is secured from access to the public. For example, if an individual owns a pit bull with a propensity to attack and bite without provocation, the owner should probably keep the animal indoors and, while outside, within a contained yard with a fence that the animal cannot escape. If he or she does not adhere to these common-sense guidelines and the animal attacks, the injured party may be able to recover his or her damages.

monkeys

Those who harbor animals that are generally considered to be wild, such as lions, bears, and monkeys, are often held strictly liable for the harm that results if the animals escape, regardless of whether the particular animal is known to be dangerous. Such animals are presumed to have a natural tendency to revert to their wild mannerisms no matter how well trained or allegedly domesticated they are. Strict liability may not apply if the animal injures someone while it is confined or restrained on its owner’s property, but this is a factually dependent argument that will not apply in every case.

In some states, it is not always necessary for the animal to actually bite or attack the victim in order to hold the owner liable for an injury. A pedestrian who is walking past a yard and who becomes frightened by a dog snapping and barking, and who in an attempt to get away trips and falls, breaking an ankle, may nonetheless be able to sue the dog’s owner successfully if he or she can show that the actions of the dog led to the injury.

Possible Defenses in Animal Attack Cases

Animal attack victims are not always entitled to recover their damages. If the plaintiff is found to have provoked the animal, for instance, recovery may be denied. Say, for example, that a pet owner informs a neighbor that his pet parrot is not friendly and that it should not be touched, but the neighbor does not heed this warning and is thereafter pecked or bitten, recovery may be denied. If the owner merely stated that the parrot was not always friendly, on the other hand, but still encouraged the neighbor to pet it, liability for the injury could likely still be found.

Possible Defenses in Animal Attack Cases

Trespassers are also generally unable to recover. In many states, in order to successfully bring suit under a dog bite statute, the plaintiff must show that he or she was lawfully in the place where the injury occurred. If it is found that the plaintiff was, instead, a trespasser at the time of the injury, liability will be avoidable on that ground. If, for example, someone jumps over a fence into an enclosed junkyard with “Beware of Dog” warnings posted and taunts the German shepherd guard dog with a stick, the junkyard owner may not be liable if the dog bites the trespasser.

Distracted Driver Accident Lawyers

Wichita Falls Distracted Driver Accident Lawyers

Experienced Texas Driver Texting Accident Attorneys

No cellphone conversation or “smartphone” text message is more important than the lives of the drivers around you on busy north Texas highways.

When you become a victim of the distracted driving epidemic, sustaining serious or catastrophic injuries in a violent collision, you should contact the experienced, client-committed personal injury lawyers of Banner, Briley & White. We can help.

Our Wichita Falls distracted driver accident attorneys will aggressively protect your rights and work hard for the financial compensation you deserve. After all, your expenses are piling up while you attempt to recover from the avoidable car accident that injured you: missing wages from time off the job, medical bills coming at you from every direction, car or truck repair costs, and many more.

The compassionate representation we provide, the firm grasp of Texas personal injury and wrongful death law we display, the attentive personal service we insist upon, the maximum availability to your questions and concerns throughout the legal process — every full-service feature we offer is just a phone call away, to 866-492-9554, toll free.

We can also be reached by e-mail or fax message. When you do, you will be communicating with north Texas lawyers who view the legal profession as a helping profession — lawyers who truly care about your rights, your physical and emotional well-being, and your future.

Your initial consultation is free of charge.

Injured in a Cellphone Accident? Banner, Briley & White Can Help.

Distracted driving can be a major factor in injury accidents such as:

  • Car accidents
  • Fatal car accidents
  • Truck accidents
  • Drunk driving accidents
  • Accidents on dangerous highways, or in dangerous weather
  • Accidents that kill or injure passengers
  • Accidents caused by uninsured or underinsured drivers
  • Pedestrian and bicycle accidents

Distracted Driver Accident

Lack of enforcement of distracted driving laws, in the few jurisdictions to enact them, doesn’t help matters. This lack of resolve only makes cellphone and text message abusers feel even more entitled to their selfish behavior, at the expense of your safety. At Banner, Briley & White, we hold the negligent accountable — in a court of law if necessary. We feel that the careless, distracted driver and his or her insurer should have to surrender full financial compensation for all that you have endured.

Our law firm is all about your comfort and convenience. That is why we deliver our quality legal services on a contingency fee basis. You owe no attorney fee unless we win your case.

Wichita Falls Attorneys for EMTALA Representation

Wichita Falls Attorneys for EMTALA Representation

Texas Emergency Medical Treatment and Active Labor Act Lawyers

If your visit to a Texas hospital’s emergency room resulted in your being “dumped” as a patient because you were without medical insurance — and you could not pay for treatment at another hospital — you may be able to pursue legal action against the hospital for its EMTALA (Emergency Medical Treatment and Active Labor Act) violation.

And our lawyers will pursue justice for you, just as we have for a broad range of medical negligence, personal injury and wrongful death victims in north Texas.

We are the attorneys of Banner, Briley & White in Wichita Falls. We use our legal skills and client commitment to work for a better world, one case at a time. Our personal injury and medical malpractice law firm was founded on the concept of the legal profession as a helping profession – helping people victimized by the neglect, carelessness and abuse of others.

EMTALA law in Texas requires hospitals to provide a medical examination to any patient who enters its emergency room. If you have an emergency medical condition or are an expectant mother in active labor, the hospital must treat you with available staff and facilities. If the hospital is unable to do so, your condition must be stabilized before you are transferred to another hospital that has space for you, qualified staff on hand to treat you, and agrees to your transfer to its facility.

When a hospital in Greater Wichita Falls or north Texas violates EMTALA law, and you or a family member is victimized by a failure to treat, please report this to our Banner, Briley & White law offices immediately.

Our toll-free number is 866-492-9554. We will respond promptly to your e-mail or fax message.

Working to Build a Better World, One Case at a Time

Hospitals can violate EMTALA by inadequately screening a patient and failing to detect his or her illness or injury; and by failure to stabilize a patient before transfer or release.

EMTALA violations can result in civil penalties against the hospital and the doctor who approved a patient’s transfer, or refused treatment. Patients caught in the middle of these situations can bring an action against the hospital, and possibly against the physician. Some jurisdictions do not recognize a private cause of action against doctors.

Hospital emergency rooms are required by law to adhere to a standard of care, including fidelity to the requirements of EMTALA. The practice of dumping patients on other hospitals is illegal. Protect your rights, starting today, by notifying our Banner, Briley & White law firm if the injury or illness for which you sought treatment was overlooked by emergency room administration for insurance purposes.

Nursing Home

Wichita Falls Nursing Home Negligence Lawyers

Texas Nursing Home Abuse Attorneys Pursue Justice for Your Senior Loved One

Is your elderly loved one suffering from pressure sores, repeated falls or other signs of abuse or neglect in a north Texas or Oklahoma nursing home?

If your senior resident of a nursing home or assisted living center appears to be suffering from malnutrition, dehydration, infections, burns or assault, these are indignities that cannot be explained away by staffing and training deficiencies in a facility. Your family has rights that must be protected, and we are just the law firm to protect them — Banner, Briley & White in Wichita Falls.

Contact us immediately if you fear that nursing home abuse or neglect is victimizing your vulnerable relative or family friend. Call toll free to 866-492-9554. You may also e-mail or fax us.

Dedicated Personal Injury Lawyers for Wichita Falls, Throughout Texas and Oklahoma

Evidence of nursing home abuse and neglect is rarely obvious, but frequently can be proved by showing patterns of questionable staff behavior, poor living conditions and injuries to the resident that are unexplained, or are inconsistent with his or her condition, such as:

  • A combination of new and old injuries
  • Cuts, lacerations, puncture wounds, bruises, welts, discoloration
  • Any injury that looks like it may have been caused by cigarettes, caustics, acids, friction from ropes or chains, or contact with other objects
  • Poorly treated or untreated injuries
  • Injuries in areas usually covered by clothing
  • Poor skin condition, poor skin hygiene or lice
  • Absence of hair and/or hemorrhage below the scalp
  • Dehydration or malnutrition that is unrelated to illness
  • Loss of weight
  • Soiled clothing or bedding
  • Inadequate clothing
  • Depression or withdrawal
  • Hesitation to talk openly
  • Fearfulness of caregivers
  • Confusing or contradictory statements by an otherwise competent senior
  • Resignation or denial
  • Implausible explanations of injuries or conditions
  • Unexplained agitation
  • Denial of an injured state

Nursing Home Negligence

If your loved one is a victim of neglect or abuse, or preyed upon by financial abuse in a nursing home or residential facility, there are probably other residents who are also being neglected or abused. In fact, there is probably a continuing pattern of neglect at the facility. Its history of violations of both federal and state law can show this pattern. Our firm aggressively investigates records of these facilities and pursues justice for you against all forms of neglect, abuse and assault.

Banner, Briley & White nursing home client families have enough on their minds without needing to deal with concerns over the cost of quality legal representation. We extend to you a contingency fee basis for our work that requires you to pay no attorney fee unless we win your case — and a settlement damage award that you approve. Our lawyers prefer to expedite a negotiated outcome that reflects your loved one’s pain and suffering, and your financial losses, but we will not hesitate to aggressively protect your rights in court, if necessary.

Defective Product

Wichita Falls Defective Product Injury Attorneys

Texas Dangerous Products Lawyers Offer Experience, Skills, Service, Results

Product designers, manufacturers, distributors, marketers and retailers have a duty to ensure not just that whatever they’re selling works, but also that a product is safe for consumers to use as directed.

Most products pass these tests. However, due to faulty or nonexistent testing, or the cold calculation that profits will exceed the costs of personal injury and wrongful death lawsuits — the so-called price of doing business — real people become seriously or catastrophically injured by unsafe and untested products.

In Wichita Falls and north Texas, Banner, Briley & White is the personal injury and wrongful death law firm people turn to for help. We view the legal profession as a helping profession, and we are here to help you.

Don’t accept your product liability injury as a fact of life. Don’t allow yourself to be defined by someone else’s negligence or dominated by financial expenses of all kinds. You can fight back — and we will fight right alongside you. Contact Banner, Briley & White, toll free, at 866-492-9554, or by e-mail or fax message.

We are a different kind of law firm — working to build a better world, one case at a time.

Products Liability Advocacy From Banner, Briley & White in Wichita Falls

Our skilled accident injury attorneys are prepared to aggressively protect the rights of clients injured by defective or malfunctioning products such as:

toys

  • Toys and games
  • Baby supplies
  • Infant car seats
  • School supplies
  • Battery chargers
  • Work equipment
  • Amusement park rides
  • All-terrain vehicles
  • Motor vehicle air bags
  • Medical products
  • Drugs with dangerous side effects
  • Gym equipment
  • Household appliances
  • Elevators and escalators
  • Lawn mowers

Your safety, and the safety of your loved ones, is too important to leave to chance. We suggest you make it a habit to check with a number of useful websites periodically for new information regarding defective products or product recalls.

Our firm handles products liability claims on a contingency fee basis. This means it costs you nothing to get us started on your case. We collect an attorney fee only if you receive compensation from those responsible for your injuries.