MOTOR VEHICLE ACCIDENTS

Have you been involved in a car wreck? Were you injured in the car wreck due to the fault of another party? Was the other party working when they injured you? Never dealt with a car wreck before? Feeling overwhelmed? 

Let us help navigate you through the insurance claim and litigation process.

In Texas, an injured party has two (2) years from the date of the injury to file a lawsuit to recover against the party that injured him or her. Because of this limitation period, it is important to begin investigating the parties involved in the car wreck, their available insurance coverage, and your rights and remedies as soon as possible. 

MEDICAL MALPRACTICE

The Texas legislature has made medical malpractice lawsuits (“healthcare liability claims”) so difficult that most Texas personal injury lawyers won’t take them anymore. Strict notice and time limitations apply. You need to file very specific expert reports at the earliest stages of the case. Mark McLean still takes these cases and has helped shape Texas law in the process. For example, in Verticor, Ltd. v. Wood, 509 S.W.3d 488 (Tex.App.—Austin 2015, pet. denied), Mark drafted the briefs and argued the case that precluded a medical device manufacturer from being able to claim the protections of Texas’ medical malpractice laws.

DEFECTIVE PRODUCT INJURIES

Defective product personal injury cases are just as complex. Many times, different laws are applied in Federal Courts across the country. For example, Mark was on the team that achieved a confidential settlement after years of litigation in San Diego’s Federal Court in Rodriguez v. Vizio, Inc., where an 18-month-old baby swallowed a lithium “button” battery, leading to extensive surgeries (the baby thankfully made a fantastic recovery).

WORKPLACE INJURIES

Workplace injuries are likewise complex. In Texas, a worker is precluded from suing his or her employer, except where (1) the employer does not carry worker’s compensation insurance (called “nonsubscriber” cases), or (2) the employee dies due to the employer’s gross negligence. Mark led the team that achieved a confidential settlement in a case where a truck driver was forced to drive over 16 hours with only about 30 minutes of sleep during that period. The driver fell asleep at the wheel and died when the 18-wheeler crashed in the Texas Panhandle.

LET HEATON MCLEAN HELP WITH YOUR CONSTRUCTION DEFECT CASE

Construction defects, both residential and commercial, are a common cause of disputes and litigation in Texas. Projects that fail to meet certain standards or comply with contractual requirements—whether because of product failure, faulty plans or specifications, or the way the work was performed—can require costly repairs and cause delays.

When a project fails to conform to contractual requirements, or fails to comply with accepted construction principles, industry standards for workmanship and care, or regulatory codes, it may constitute a construction defect, and may give rise to litigation. 

Construction defect disputes can involve a range of individuals and entities, including property owners, developers, general contractors and subcontractors, architects and engineers, suppliers and vendors, product manufacturers, and lenders.

Involved parties rarely agree on the cause(s) and liabilities for a construction defect issue in residential or commercial properties. That’s why determining a defect’s underlying cause (i.e. design, construction, or defects in products and materials used) through hiring the necessary experts and learned counsel is one of the most important steps in preparing a defect claim.

Construction defect claims in Texas are governed by particular laws that require claims to be made within a particular timeframe from the date of the construction work at issue.  As a result, it is best to retain counsel to guide you through the process as soon as you become aware of the issue.