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.

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.

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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.

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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.

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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.

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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.

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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.

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Some of our Victories

Product Liability Victory

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.

Widow Prevails in Wrongful Death Action

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.

Successful Settlement

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.

Car Accidents, Punitive Damages, and Insurance

By: Justin Demerath
Can an accident victim recover punitive damages from the at-fault driver's insurance policy?Our previous post regarding the recoverability of punitive damages from a first party uninsured motorist insurance policy generated much interest. For a description of the nature and purpose of punitive damages in Texas, as well as the applicability of them in relation to first party insurance, click the previous link. This topic has generated so much interest that I've been approached several times since that post aired with a related follow up question: if you can't recover punitive damages from first party insurance, can you recover them from the at-fault driver's policy?First, for newcomers to the discussion, let me clarify the distinction between first party insurance and an at fault driver's insurance. First party insurance is insurance maintained by the victim for the victim. This coverage often takes the form of Personal Injury Protection, Uninsured and Underinsured Motorist coverage, MedPay coverage, and the like. The at-fault driver's insurance policy is not first party in relation to the victim; it is third party insurance.Back to the question, the answer is "it depends." The top courts in many other states in the Union have ruled that punitive damages are not recoverable from an at-fault driver's policy. The courts reason so because since punitive damages are designed to punish the wrongdoer, to make a risk pool or insurance company pay out punitive damages would not punish the wrongdoer, but would punish other policyholders by increasing insurance companies' exposure and thus increasing premiums.Luckily for accident injury victims, the Texas Supreme Court differs. Under Texas law, the recovery of punitive damages from an at-fault driver's policy (third party coverage) does not violate public policy. Texas law looks at the actual terms of the policy to determine whether coverage for punitive damages is allowed on a case by case basis. In fact, in the absence of any express exclusion of liability for punitive damages contained in the actual policy, coverage for punitive damages assessed against the insured will be enforced.Disclaimer: We are licensed Texas attorneys, and base our writings on Texas law. This information is current and accurate at the time of posting. We do not update previous posts if/when the laws change. This blog does not constitute legal advice.

Tags: At Fault Driver Punitive Damages; Car Accident Exemplary Damages Auto Accident Punitive Damages Car Wreck Insurance

Categories: Car Motorcycle & Automobile Accidents

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