With a Servant’s Heart and a Warrior’s Spirit, We Welcome You | Hablamos Espanol
With a Servant’s Heart and a Warrior’s Spirit, We Welcome You | Hablamos Espanol
We welcome you with a Servant’s Heart and a Warrior’s Spirit. Bienvenidos, Se Habla Espanol.
When most people would rather try to bring you down instead of raising themselves, it is no wonder why these types of claims are happening more often.
Most of the suits never become known because most folks do not realize that Tortious Interference is a valuable claim they could have pursued.
Suppose something has interfered with your contract or prospective business relationship and caused you any harm, financial or otherwise. The law allows a way for you to recover.
Tortious Interference occurs when a person or company who is not connected with a contract or prospective business relationship causes either to suffer harm.
There are two types of Tortious Interference:
1. Intentional Interference with an existing contract:
(a) Interference with an existing contract,
(b) the Interference was willful and intentional,
(c) The defendant (the person sued) approximately caused the Interference, and
(d) the plaintiff (the person suing) suffered actual damages or loss.
2. Intentional Interference with future business relationships:
(a) There was a reasonable probability that the parties would have entered a contractual relationship,
(b) there was an independent tortious act or illegal act by the defendant (person being sued) that prevented the relationship from occurring,
(c) the defendant did such an act with a conscious desire to prevent the relationship from occurring or knew the Interference was sure or substantially certain to occur because of his conduct, and
(d) the plaintiff suffered actual harm or damages.
Prospective relationships need to be reasonably probable to be actionable.
Interference in a person’s way of earning a living may also be actionable.
These claims do not only have to be brought against the wrongdoer. The claim can hold their employer liable as well.
Respondeat superior: This is a way to hold an employer or company responsible for the actions of another (“vicariously liable”). Suppose the company’s representative acted within the scope of their duties when the injury
occurred. In that case, the employer is liable too.
This rule takes an excellent legal argument because the other side will try to argue that their representative was on a “frolic.”
A frolic is a departure from the scope of their duties, and therefore the employer would not be liable.
The employer is usually the only party with the finances and sufficient insurance to bring justice to injured individuals. It is of the utmost importance not to lose this legal argument if there is a path to victory.
Damages would include any financial loss to our Damage to your reputation that results from the claim.
“Damages” in this context mean what you may be able to get from bringing this type of lawsuit.
General Damages (Economic Damages): These are Damages that an attorney does not need to specially plead because they are usually suffered by the type of injury sustained. A characteristic of these Damages is that they are easier to quantify because they are not subjective.
Loss of Income earning ability (known as lost wages):
The injured person would have made money through employment if not injured.
As the name suggests, these damages also apply to the loss of income-earning ability.
Suppose the injured party took a lesser-paying job due to their injuries.
The amount recoverable is the difference between wages before the injury and now.
These wages are measured from the time of the injury to the time of settlement or jury decision.
Future wages=If the injured person could never do the same job they had before the injury, the decrease in pay will be permanent. The injured party may be entitled to the wages they would have earned in the future at the job they had before the injury.
Furthermore, this recovery is for any quantifiable decrease in the injured person’s financial situation due to employment changes.
Commissions and bonuses.
Any change in benefits.
Promotion or raises missed due to the injury.
These costs will be for past and future medical expenses.
Based on the injury, the injured will need future medical attention. Because the costs are the fault of the liable (this is the civil court equivalent of saying “guilty” in a criminal case) party, that party will be held responsible for these costs.
Special Damages (Non-Economic Damages): These types of injuries are hard to prove. An attorney must specially plead them because they must be more apparent to third parties.
Mental anguish (Emotional distress) (this is the mental effects that came about due to the injury):
The injured party may recover due to past and future mental anguish caused by the injury.
Though this type of injury may be the most devastating, these injuries may not always be recoverable.
The ability to recover from these injuries is very situation specific. It requires a personal injury attorney who knows the law and case law developments. A competent attorney can fight against insurance companies because insurance companies rarely want to give anything significant for mental anguish.
Pain and suffering:
These types of Damages allow recovery for the injured person for the pain and suffering that the injury caused.
Because this injury is personal, it is often hard for others to understand and believe the pain and suffering the injured person went through or is going through.
Proving the pain and suffering is a sell; either the other side will buy in and believe the injured party, or they will not.
Physical impairment (Loss of enjoyment of life):
This type of Damage may be recoverable if you had an activity you used to do and now can no longer do due to your physical limitations.
Loss of consortium:
Spousal: If the injury was so severe as to affect your relationship with your spouse, YOUR SPOUSE MIGHT BE ABLE TO RECOVER under this type of Damage. This type of recovery would be from a separate claim filed by your spouse.
Children: A CHILD COULD SUE SEPARATELY AND CLAIM THIS TYPE OF DAMAGE if their parent’s injury affected the parent’s role in the child’s life.
This type of recovery may be allowed when the injury has physically changed your body.
This type of Damage can be for past and future disfigurement.
Any other non-financial harm reasonably associated with the injuries may be recoverable.
Exemplary Damages (Punitive Damages):
To get exemplary Damages, the person looking for these Damages must prove by clear and convincing evidence that the injury is the result of either:
Fraud: Occurs when a person misrepresents something essential to the bargain while knowing the misrepresentation is false, and the person being lied to is justified in their belief of the lie. And the lie caused Damages.
Malice: Is a specific intent to inflict substantial harm.
(3) Gross negligence.
Gross negligence: This is an act or omission, which a reasonable person in the wrongdoer’s shoes should have known of the extreme risk due to the probability of significant harm, and the wrongdoer knew of the risk and consciously disregarded the risk.
Unless these Damages are looked for under a statute that authorizes them, then clear and convincing evidence must show the matters and mental state of the statute conditions.
The jury must receive instructions on these Damages and be unanimous in their desire to award such Damages.
Clear and convincing: Proof would impart a “firm belief or conviction” if the evidence was presented to a reasonable person.
Texas courts have said that defenses to Tortious Interference exist where:
The Tortious Interference results from the exercise of a party’s rights,
where the party has an equal or superior interest to that of the plaintiff in the subject matter, or
a good faith belief in a colorable (plausible) legal right to interfere, even if that right is wrong.
This type of defense is an affirmative defense.
Affirmative Defenses “Justification Defense”: This defense occurs when a defendant (person being sued) admits to the act giving rise to the suit but claims a justification for doing so. The defendant then must prove the justification.
Defenses to Tortious Interference with prospective business relationships are any defense allowed to defeat the independent tortious activity that allows the claim.
Some privileges or “rights” that can be claimed as a defense are:
Concerns competition looking for competitive advantage.
Wrongful means are not allowed.
No unlawful restraint of trade allowed.
Competition concerning prospective business relationships:
Persuasion and limited economic pressure are allowed.
Conduct cannot violate antitrust laws.
A person motivated by common-law malice cannot invoke competition privilege; however, mixed motives are ok so long as one reason is to compete.
For prospective business relationships only, usually.
One with a financial interest in the business of a third person does not improperly interfere if they do not employ wrongful means and act to protect their interest from being prejudiced by the relationship.
This privilege applies to creditors as well.
The privilege of agents or fiduciaries:
These can interfere with existing contracts or prospective business relationships if:
no wrongful means are used, and
they acted to protect the welfare of the third person.
Persuasion is not wrongful.
Truth and advice privilege:
Privilege to respond to a request, and no interference if
truthful information or
honest advice within the scope of a request for the advice.
Applies to professionals and nonprofessionals alike.
Allows for the sharing of information that a person with a common interest would like to know or would reasonably like to know
Confidential relationship privilege:
A person in a confidential relationship with a party may have the right to induce the party to breach a contract.
The following factors are used to find “Wrongful” acts:
The extent of danger threatened to person induced,
the relationship between the person influenced and the actor, and the extent of the actor’s interest
How to deal with insurance companies:
People get insurance to cover harm caused to others and themselves, and we all usually have insurance.
Most of us have the impression that insurance companies are in business to help when unexpected expenses arise or tragedies happen, but that is not the purpose of insurance companies.
The purpose of insurance companies is to make money, like any other business.
So, the less money the insurance pays out, the more money they make. That is only common sense.
No matter how nice the person representing the insurance company is, or if you have already dealt with the insurance company and think they are the exception and care for their clients. The insurance company’s primary goal is to find a way not to pay your claim, with few exceptions.
Some insurance companies rely on scare tactics and threats to make you think you must settle or force you to pay out of pocket.
Follow these rules when dealing with insurance companies:
Calling an attorney is always possible, even if you have already talked to an insurance company.
Attorneys are legally obligated to put your interest above all else in matters involving you.
Insurance representatives who are contacting you are professional negotiators.
We can help with all your business contract needs.
It is said sunshine is the best disinfectant, which the law does. It shines the light on dangerous items, situations, and people.
Legal disputes are the primary way companies and individuals learn from their mistakes.
Legal disputes make the world safer for the next person while at the same time getting you the justice you deserve.
I assure you that this firm will take this type of claim personally because we treasure your justice, and we could save our kids from the same harm.
Your Justice Awaits. This Firm Will Be Your Champion And Fight For Your Family’s Honor.
We Will Get It Done.