Larry F., Former Client
"I'm not sure where I would be today if it weren't for Justin and the law firm he is with... You become a part of the family the day you become a client and there is nothing more satisfying... If you want the best, the most terrific, then this is the man you want as your attorney."
Ben C., Former Client
"They're good people, plain and simple. I had the opportunity to work with Justin Demerath on a few issues. One where he had nothing to gain financially and the other, he did. There was no difference in his demeanor, the way he treated me or his intent. He just wanted to help in any way he could."
Herbert F., Former Client
"I want to thank you Justin for a job well done. My case was certainly a difficult one as attested to by the number of rejections I had before your name was given to me... You were up front about my chances for a win, never denying the road blocks that certainly would arise. I was impressed by the professional manner in which you handled my case."
Melanie S., Former Client
"The service I received from Justin Demerath has been unparalleled in every aspect. He is very professional, concise, and empathic towards his clients. My settlement exceeded my expectations on my collarbone injury case, in result of his strong desire for success."
Teresa P., Former Client
"WOW! I haven't seen this kind of customer service in years. Justin visited with me on the phone until all my questions were answered. He was extremely helpful, gracious, pleasant, willing, professional and very nice."
"In the midst of dealing with insurance, body shop, doctors and staff all of whom were 'just doing their job'... Justin was a ray of sunshine on a very gloomy day in my life. He made me feel very comfortable and encouraged me to continue with my questions... Thank you Justin...God bless you."
Jon S., Former Client
"Fantastic Representation. Justin Demerath represented me in a motorcycle accident where I was injured severely. The outcome was a best case scenario based on the realities of the at-fault driver. I received the largest settlement that was available and it turned out well. That was the bottom line, but what I wanted to comment on was Justin's willingness to explain each step of the process and his personal interest in my case. He came to visit me at my house while I was still unable to walk and his competence and ability to put things in simple terms allowed me to feel comfortable to take the details of my case off my plate and put it in his hands."
Nancy C., Former Client
"I am just so impressed in your scientific and legal knowledge. Your commitment and enthusiasm goes beyond compare. Should I ever need your services again or if someone I know needs your expertise, I will not hesitate to give you and call or make a referral."
Jay B., Former Client
"My experience with the insurance companies over the 15 months following the accident was frustrating... I admit I was also reluctant to find a personal injury lawyer, based on the stereotype of personal injury lawyers that I had ... I no longer carry that stereotype with me, I've since learned better."
Cindy R., Former Client
"Great Representation. I was involved in an auto accident two years ago and, after unsatisfactory dealings with the insurance company of the other driver, I hired Justin Demerath to represent me in my claim for medical bills coverage.... Mr. Demerath is a true professional whose compassion for his clients and for the law is first rate."
Motorcycle Accident / Product Liability
| Gross Recovery: | $2,275,000.00 |
|---|---|
| Client Net: | $1,285,861 |
| Attorney Fees: | $910,000 |
| Expenses: | $79,138.18 |
| Medical Bills: | In excess of $170,438.09 |
Product Liability
| Gross Recovery: | $2,025,000.00 |
|---|---|
| Client Net: | $810,153.07 |
| Attorney Fees: | $810,000.00 |
| Expenses: | $58,831.93 |
| Medical Bills: | In excess of $640,000.00 |
Auto Accident
| Gross Recovery: | $1,850,000.00 |
|---|---|
| Client Gross: | $1,025,107.50 |
| Client Net: | $690,651.27 |
| Attorney Fees: | $671,000.00 |
| Expenses: | $152,430.75 |
| Medical Bills: | In excess of $339,982.00 |
Auto Accident
| Gross Recovery: | $1,250,000.00 |
|---|---|
| Client Net: | $671,000 |
| Attorney Fees: | $500,000 |
| Expenses: | $17,000 |
| Medical Bills: | $62,000 |
Apartment Fire - Negligent Design of an Apartment Complex
| Gross Recovery: | $950,000.00 |
|---|---|
| Client Net: | $288,300.20 |
| Attorney Fees: | $378,300.20 |
| Expenses: | $251,730.48 |
| Medical Bills: | In excess of $532,393.34 |
Negligence - 18-Wheeler Accident
| Gross Recovery: | $900,051.64 |
|---|---|
| Client Net: | $540,305.24 |
| Attorney Fees: | $279,000.00 |
| Expenses: | $65,619.78 |
Product Liability / Defective Machinery
| Gross Recovery: | $785,000.00 |
|---|---|
| Client Net: | $494,488 |
| Attorney Fees: | $250,537 |
| Expenses: | $39,975.45 |
| Medical Bills: | In excess of $67,431.47 |
Auto Accident
| Gross Recovery: | $600,000.00 |
|---|---|
| Client Net: | $330,643.88 |
| Attorney Fees: | $240,000.00 |
| Expenses: | $4,501.59 |
| Medical Bills: | In excess of $101,045.83 |
Bus Accident
| Gross Recovery: | $410,000.00 |
|---|---|
| Client Net: | $240,693.11 |
| Attorney Fees: | $164,000.00 |
| Expenses: | $5,309.89 |
| Medical Bills: | In excess of $97,892.23 |
Auto Accident
| Gross Recovery: | $152,500.00 |
|---|---|
| Client Net: | $84,609.24 |
| Attorney Fees: | $50,325.00 |
| Expenses: | $892.93 |
| Medical Bills: | In excess of $67,119.28 |
Product Liability / Defective Design
| Gross Recovery: | $150,000.00 |
|---|---|
| Client Net: | $94,151.42 |
| Attorney Fees: | $49,500.00 |
| Expenses: | $6,348.58 |
| Medical Bills: | In excess of $47,704.60 |
Auto Accident - Intoxicated Driver
| Gross Recovery: | $25,000.00 |
|---|---|
| Client Net: | $16,072.18 |
| Attorney Fees: | $8,332.50 |
| Expenses: | $595.32 |
| Medical Bills: | In excess of $17,892.00 |
Auto Accident
| Gross Recovery: | $20,000.00 |
|---|---|
| Client Net: | $12,954.73 |
| Attorney Fees: | $6,660.00 |
| Expenses: | $385.27 |
| Medical Bills: | $31,018.92 |
Skillful and Aggressive Legal Representation
When you or a loved one has endured personal injury or wrongful death, you have the right to seek justice and compensation. O'Hanlon, McCollom & Demerath is committed to providing each and every one of our clients with compassionate advocacy and skillful, tireless, aggressive representation. Our number one priority is providing each client with the most desirable legal outcome to every issue they are facing.
We Value and Respect Every Client
We believe that every client deserves and should receive one-on-one access and attention. Legal issues can be daunting without the protection of knowledgeable and experienced lawyers. O'Hanlon, McCollom & Demerath is dedicated to resolving your unique situation with compassion and diligence.
Superior Client Services
At O'Hanlon, McCollom & Demerath we ensure seamlessly integrated work product and representation through our utilization of state of the art technology and resources. We are committed to providing our clients superior legal representation at every turn.
Commitment to Getting you the Compensation you Deserve
In our efforts to obtain compensation for our clients who have suffered injuries and the related indignities arising from the negligent actions of individuals and corporations, we pledge to provide you with a personalized, "no stone unturned" pursuit in achieving the most favorable outcome on your behalf in what are, undoubtedly, the most important and often life-changing situations you may ever experience.
Our clients never owe any fees unless we obtain financial settlement on their behalf. We will go the distance for you.
Contact Our Personal Injury Attorneys Today
O'Hanlon, McCollom & Demerath offers you a free one-on-one evaluation of your personal injury case. Our clients never pay for our legal services unless we obtain a successful recovery of compensation for you. Contact us today for a free and confidential consultation with our experienced personal injury lawyers.
Kevin O'Hanlon
Kevin O'Hanlon, the founding partner of O'Hanlon, McCollom & Demerath began practicing law in 1974 and has vast knowledge of all areas of litigation. Mr. O'Hanlon became Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization in 1987, and in Civil Trial Law in 1990.
Justin Demerath
Justin Demerath joined the firm as a law clerk during his final year of law school and has been with the firm since that day. He has dedicated his law practice to helping people who have suffered damages at the hands of others in the state of Texas recover monetary compensation. Mr. Demerath has one mission in his work: to fight for the rights of the clients he represents.
Benjamin Castillo
In 2010, Mr. Castillo graduated from The University of Texas at Austin with a Bachelor of Arts in Government. Upon graduation, Mr. Castillo worked as a government and history teacher in the Rio Grande Valley.
Nick Maddox
Nick Maddox is an associate attorney who represents clients in a diverse range of litigation issues. Licensed to practice in both State court and Federal court, Mr. Maddox handles injury, employment, business, and contract disputes.
Amalia Hanley
Ms. Hanley graduated with honors from the University of Notre Dame with Bachelors of Arts degrees in History and Art History. In 1998, Ms. Hanley graduated with honors from the University of Florida School of Law. During school, and continuing after graduation, Ms. Hanley clerked for the Public Defender's Office in Gainesville, Florida, gaining criminal litigation experience in the Misdemeanor Division.
Alice Ward
Alice Ward was born in Ithaca, NY and raised in Jersey City, NJ. The older of two daughters, she graduated from Friends Seminary, a Quaker high school, in 1996. Ms. Ward attended the University of Texas in Austin, attaining a BA in History in 2000. She also became a certified paralegal through Austin Community College.
Serious Personal Injury
Every year, hundreds of Texans suffer serious injury because of the reckless actions of another. If you were hurt in a car accident or pedestrian accident, or a loved one was injured using a defective product, the personal injury attorneys at O'Hanlon, McCollom & Demerath are here to help.
Wrongful Death
It is unfortunate, but it is usually up to the victim's family to pursue a wrongful death claim after the accidental death of a loved one. At a time when you feel most vulnerable and emotionally exhausted, a lawsuit is the last thing on your mind. But it's important to give it some consideration. An experienced, dedicated Austin injury attorney can help.
Car Accidents
Car accidents carry serious physical and financial consequences. Injuries can leave you unable to work and prevent you from enjoying a normal life. To make matters worse, your insurance company may more committed to its bottom line than your recovery. At O'Hanlon, McCollom & Demerath in Austin, Texas, our main priority, is representing people who have been injured in car accidents and make them whole again.
Motorcycle Accidents
With the freedom and excitement motorcycle riders enjoy comes the risk of serious injury in an accident. Despite the consistent warnings drivers receive to “start seeing motorcycles,” thousands of people across Texas are injured in motorcycle accidents. If you have been involved in an accident, you can benefit from immediate representation from an experienced motorcycle accident lawyer .
Truck Accidents
Collisions between commercial trucks and cars or passenger trucks almost always result in life-changing injuries or tragic deaths. Because of the seriousness of these accidents, it's important to work with an experienced Austin personal injury attorney who will protect your rights.
Product Liability
Whether you buy something from a big-box retailer, midsize market, outlet store, mall, or small grocer, you expect the product to be safe. However, sometimes you may buy a product that injures you, and product liability and defective product law dictates who is responsible for this breach of the implied warranty of fitness for the product’s intended uses. The place from where you purchased the product, the company that made the product, or even the company that advertised the product may be legally held responsible for your injury.
Defective Drugs
The defective drug product liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective drug. We are here to help you get the compensation you deserve for your injuries.
Defective Medical Devices
The defective medical device liability attorneys at O'Hanlon, McCollom & Demerath law firm understand that your injuries and complications may be the result of a defective medical device. We are here to help you get the compensation you deserve for your injuries.
Business Litigation
Disputes are an unfortunate, and often expensive, part of doing business. At O'Hanlon, McCollom & Demerath in Austin, Texas, our business litigation attorneys are experienced professionals who can protect your interests if you are embroiled in a legal dispute.
Fatal Auto Accidents
Car accidents are the leading cause of accidental death, bringing pain and grief to hundreds of Texas families every year. If a loved one has died in a fatal car accident, an SUV rollover, a collision with a commercial truck, or a motorcycle crash, you will be facing financial challenges, and we are here to solve your problems.
Defective Machinery / Equipment
Heavy equipment and workplace machinery can be dangerous even when it’s used properly. But when that equipment is faulty, has defective parts, or has been improperly repaired or serviced, even careful users can suffer serious injury or death. The injury lawyers at O'Hanlon, McCollom & Demerath hold companies responsible for negligence in the manufacturing and maintenance of equipment and machinery that leads to injuries and deaths.
Pedestrian Accidents
Bike riders and cycling enthusiasts bear an unfair burden when car and truck drivers do not drive carefully. With so little protection beyond a bike helmet and their quick reflexes, cyclists often suffer severe injuries when a car makes a sudden stop or a truck turns into their path. Sadly, many bicycle accident victims are children. If you have been seriously injured or a loved one has died in a bicycle collision with a motor vehicle or a cycling accident on a dangerous property, you may have a right to financial compensation.
How do I choose the right attorney for my case?
When you or a loved one has suffered an injury, hiring an attorney is one of the most important steps you will take toward seeking compensation from those who are responsible for your injuries. This can be a daunting and complicated process if you have never before hired an attorney and do not know how it all works.
What are my rights as a client?
If you ever have any questions about these rights, or about the way your case is being handled by your attorney, do not hesitate to express your concerns to your attorney. He or she should be readily available to represent your best interests and keep you informed about your case.
What should I do immediately after an accident?
Just after an accident or other event which seriously injures your or a loved one you may not know what to do or where to turn for help, especially when you have been injured by the negligence or wrongdoing of another person, or in many instances, the manufacturer of defective equipment or other products.
What is the Personal Injury Lawsuit Process?
After an accident in which you or a loved one are injured, and you have sought medical attention and have hired an attorney to handle your insurance claim, you may be on your way to becoming a plaintiff in a personal injury lawsuit if the insurance company has refused to make a reasonable offer of settlement on your injury claim.
Could ERISA reduce my claim recovery?
The Employee Retirement Income Security Act of 1974, known as "ERISA", is a federal law that may allow your insurance company, or your employer's health plan, to recover its costs on your claim, from a settlement or trial verdict award you may receive as a result of a personal injury lawsuit. This is known as "subrogation", and is considered to be a complex area of law. Potential subrogation interests should be discussed with your personal injury attorney after his/her review of any subrogation clauses in your insurance policy or your employer's health plan provisions.
What information will my attorney need from me?
When you or a loved one have been injured in any type of accident it is important to keep extensive documentation of the incident and your injuries. Your personal injury attorney will interact with insurance companies and defense attorneys on your behalf, and in order to make a proper claim for all the benefits you are entitled to, this documentation is necessary.
Some of our Victories
Our firm represented a golf course grounds keeper who, due to a mechanical design defect in the industrial mower he was operating, was crushed under the machine when it fell into 15 foot ravine. The client suffered partial blindness, memory loss, and permanent brain damage.
Justin Demerath, in joint representation with his father, Attorney Larry Demerath, represented the widow of a truck driver who was killed when his vehicle struck a large tire that had detached from another truck. Larry and Justin are pictured above with the client.
Our firm represented a family in a wrongful death action against a large trucking company when their father was struck and killed by an 18-Wheeler due to a defective brake pedal. The case settled prior to trial. The brothers are pictured above.
Q: What is a personal injury (PI) claim?
A: Any kind of legal claim against someone for causing physical or mental injury to someone else is a PI claim. PI claims are commonly caused by automobile collisions, slip and falls, defective products, or medical malpractice.
Q: What compensation can I receive if I have a PI claim?
A: Although it depends on the facts, if you have been injured, you can usually recover for your medical bills, lost wages, pain and suffering, mental anguish, property damage, and any permanent injury you have suffered. In some cases, other people (such as your spouse or family) may also be entitled to recover.
Q: When is another person liable for my injuries?
A: Again, the answer depends on the facts, but most commonly another person is liable if your injuries are the foreseeable result of that person's negligence, which generally means carelessness toward you. In a few cases, another person can be liable for your injuries even if he or she was not careless. These cases are called strict liability cases.
Q: How long does it take to make a PI claim?
A: It depends on a lot of factors, including the complexity of the case and the reasonableness of everyone involved. Some PI claims settle very quickly, while others have to go to trial or even to appeal, although this is relatively rare.
Q: I am hurt and cannot work. How do I pay for a lawyer?
A: Most lawyers who handle PI cases work on a contingent fee basis, which means that you pay the lawyer a portion of what he or she recovers for you. This arrangement allows you to hire a competent lawyer even if you do not have the cash to do so.
Q: Is my PI case a good one?
A: Only a PI lawyer can answer that question. If you believe that you have a personal injury claim, you should contact our office as soon as possible.
Thank you for choosing our firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away.
We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks!
The vision of driving down a country road, with the wind blowing through your hair, atop a large motorcycle is an attractive one for many people, and the number of motorcycles on America's highways is growing. Although motorcycles share the road with cars and trucks, and although they are subject to the same traffic laws as other vehicles, the fact is that collisions involving motorcycles are different from, and are often more serious than, automobile accidents.
In almost half of all collisions involving motorcycles, the fault for the collision lay with the driver of the other vehicle, who failed to yield the right of way to the motorcycle. The small size of motorcycles also makes them more vulnerable to road hazards that even a small car could pass over safely. Motorcycles are more maneuverable than cars, and riders can sometimes put themselves into unsafe positions that drivers of cars cannot.
The greater number of motorcycle accidents means that motorcyclists are also much more likely to be injured or killed in a collision than is someone riding in a car or truck. According to the National Transportation Safety Board, a motorcycle rider is 18 times more likely to die in a collision than is someone in a car, and far more likely to suffer serious injuries. Some 80% of motorcycle collisions result in injury or death, and the fact that the motorcyclist may not have been at fault is of little comfort.
A common kind of serious injury associated with motorcycle accidents is head injury. Traumatic brain injuries, such as the closed-head injuries that result when an impact causes the brain to hit the inside of the skull, cause over a third of the injury deaths in the United States. Since motorcyclists are often thrown off of their bikes in a collision, such injuries are 10 times more common in motorcycle accidents than in other vehicle accidents.
Studies have shown that the number one way to prevent these serious injuries is the most obvious one--WEAR A HELMET! Motorcyclists should make sure that the helmet they choose has been approved by the Department of Transportation. If it has, it will have a sticker on it saying "DOT." When California enacted a mandatory helmet law for motorcycle riders, it saw the number of motorcycle crash fatalities decrease by over 30%. Heavy riding boots, gloves, vests, and long pants can also protect riders if they do crash.
Motorcyclists need to take extra care when riding. They should drive safely (as should all drivers), and they should wear the appropriate protective gear. Motorcyclists also need to understand the special problems that their vehicles present for others on the road, and they should ride especially defensively.
However, motorcycle safety is a two-way street. Drivers of other vehicles need to "drive aware" and keep a careful eye out for motorcycles. Motorcycle riders have the same right to use the same road that car drivers do, and this right should be respected. Other vehicles should give motorcycles a wide berth--while a small tap with the bumper likely will not hurt a large SUV, it is potentially fatal to a motorcyclist.
* Call the police and an ambulance, if necessary.
* Get the name, address, and insurance information of the parties involved and any witnesses.
* Write down the make, model, year, and license number of the vehicles involved.
* Take pictures of the damage to your motorcycle before it is repaired.
* Do not make any statement about the accident to anyone but the police.
* Do not apologize or admit fault.
* Do not argue with the other driver.
* Call our office to discuss your case.
Many employers in Texas carry workers' compensation insurance, which protects workers who are injured while on the job. If you are hurt at work, and if your employer has workers' compensation insurance, this insurance gives you valuable rights.
For example, if you are hurt while at work, you have (subject to a few exceptions) the right to receive workers' compensation benefits after you've made your employer aware that you were injured and you've filed a claim. These benefits include payment for the medical care necessary to treat your injury, the right to pick your own doctor from a list of approved doctors, and the right to receive a portion of your wages if you miss work to recover from your injury.
In addition, you have the right to assistance to help you make and pursue a claim. This means that you have the right to hire an attorney to represent you, if you wish. You also have the right for your claim information to be kept confidential.
If you have any questions about workers' compensation or your right to receive benefits, feel free to contact our office. Or, you may contact the Texas Division of Workers' Compensation by calling toll-free at (800) 252-7031.
Trasylol is the only FDA-approved drug for the prevention of blood loss during heart surgery. By boosting the body's ability to stop bleeding, it can help reduce the need for blood transfusions. Unfortunately, it can also have dangerous side effects, including kidney failure, heart failure, and stroke.
A recent study shows that Trasylol may double the risk of kidney damage, as well as increase the risk of heart attack by nearly 50%.
The FDA recently issued a Public Health Advisory urging physicians who use Trasylol to carefully monitor patients for the occurrence of toxicity in the kidneys, heart, and central nervous system. The FDA also revised the labeling requirements to strengthen safety warnings and limit usage of the drug to specific situations.
If you have suffered kidney failure or heart problems following heart surgery, you may have been treated with Trasylol and you may be entitled to compensation for your injuries. Contact our firm to discuss your case.
Electricity is an irreplaceable part of our modern world. In fact, it is hard to imagine what it was like living in the days before electricity. However, it is important to remember that, as useful as it is, electricity can be dangerous. Remember these safety tips:
1. Do not touch electrical power lines, EVER. If working near a power line, call the electric company to have it shut off. If the power line is down, stay away.
2. Do not run electrical wiring under carpets or across floors, even if the wiring is covered by tape. Walking on wires will eventually result in the insulation being worn away, increasing the chances of being shocked or of starting a fire.
3. Inspect your electrical cords regularly. If a cord is frayed or damaged, have it replaced.
4. Use grounded (three-pronged) plugs. Do not use a grounded plug in a non-grounded outlet.
5. Install ground fault circuit interrupters (GFCIs) on outlets that are near water, such as those in the kitchen and bathroom.
6. Do not pull on electrical cords, and do not carry corded appliances and power tools around by their cords.
7. When in doubt, leave electrical work to a qualified electrician. When working with electricity, you may get only one mistake, and, since that mistake can kill, you won't learn much.
In a collision between a tractor-trailer and a car, the car almost always loses. This is especially true when the car hits the side of the trailer. In such a collision, the front of the car will pass under the trailer without hitting anything, which means the first thing to hit the trailer is the windshield, and then the occupants' heads.
In a recent Texas case, the jury sent a powerful message to truck manufacturers that may make these collisions far less deadly.
The case involved a collision between a car and a tractor-trailer, where the truck pulled in front of the car and the car ran under the trailer. The car had its entire top sheered off in the collision, and one of the occupants died, while the other occupant suffered catastrophic brain damage and can no longer care for herself.
The evidence showed that it is possible to install what is called an underride barrier, a barrier designed to prevent cars from running underneath the trailer in a collision. The truck in this case did not have an underride barrier, but the manufacturer argued that it should not be liable for failing to install one, because government regulations do not require it.
The jury disagreed and returned a verdict of $38.5 million. Perhaps the jurors believed that the $600 cost of an underride barrier meant that it should have been installed even if it was not required.
It remains to be seen whether this verdict will stand up on appeal and, if so, what effect it will have on truck manufacturers and trucking companies.