Jim Adler | The Tough, Smart Lawyer
By Jim Adler April 4, 2016

common personal injury lawsuits

Lawsuits are not always an available solution in every car accident. Photo by Gabriel Saldana (Flickr)

When someone feels as though they are the victim in a car accident or have experienced unforeseen side effects from a medication, their first impulse may be to hire a lawyer. While we value every case that has been brought to us, we also know that there are some instances where we can be of no help to someone involved in a personal injury situation. It costs money to file a drug or car accident lawsuit, and we want to help you to spend your money wisely by letting you know some of the more common situations where filing a lawsuit is not always the best idea.

Negligence in a Car Accident

In a car accident, there is usually the opportunity to point at one of the parties involved and claim negligence. While it does happen that one party is held completely negligent in a car accident, those situations are rare. The most common outcome of a car accident investigation is that both parties share the blame in some way.

If you were being an irresponsible driver at the time of the accident, then you may be the one who holds the majority of the blame. If the police report finds you to be primarily negligent, then your chances of winning a lawsuit are slim. Instead of filing a car accident lawsuit, you are better served waiting to see what the other party does and preparing to defend yourself in court.

Are You in a No-Fault State?

In some cases, a car accident lawsuit settlement can be affected by whether or not you live in a no-fault state. A no-fault state does not allow lawsuits and applies blame evenly between both parties. Texas is not a no-fault state, so we will work hard to get you the best car accident lawsuit settlement for your situation. But states such as New York, Florida, and Hawaii are no-fault states, and that means that you may not even have the option to file a lawsuit, even if you strongly feel that the other party was at fault.

“The Drug I Used Is No Longer on the Market, So I Can’t Sue”

Many people disregard the possibility of prescription drug lawsuits because the drug that affected them is no longer being sold. But according to The New York Times, even drugs that are no longer on the market are fair game when it comes to being sued. In some cases, it can take years for a prescription drug to create the side effects that get it taken off the market. But when your health is being affected by a medication you took years ago, then you can still get financial restitution from the drug company.

We always recommend that clients who have been affected by medications consider prescription drug lawsuits. If you have been harmed by a prescription medication but it took a few years for the side effects to take hold, then that does not prevent you from getting the settlement you deserve.

“I Am Just Suing the Drug Company and Not My Physician, Right?”

People who bring lawsuits against drug companies are often conflicted because they do not want to get their doctor involved in the lawsuit as well. Many people operate under the misconception that lawsuits against drug companies do not get the doctors involved because the doctors were only doing what they felt was right.

As legal experts, we ask our clients to refrain from making these kinds of assumptions. You may not know that your doctor gets a bonus payment from the drug manufacturer each time they prescribe a certain type of medication. In those instances, the doctor will be held liable in your lawsuit. The idea that you will never get your doctor involved in a lawsuit against a drug company is false, and it is something to consider before you actually file your suit.

There are plenty of misconceptions floating around about car accident and drug lawsuits. In some cases, the lawsuit is not always a “slam dunk.” Before you file your lawsuit, you should do some research to make sure that you have a chance at winning your suit rather than getting results that make you regret your decision.

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I went to the office and everyone was so considerate and professional , so my first impression was good, I felt like I was in good hands. Then I received a call from Vanessa Garcia, she was on top of EVERYTHING! I never had to call her, she always called me. She even called to see how I was doing , and if I needed help with anything. That is why I have absolutely no worries.read more
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My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!read more
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I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
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Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
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01:20 06 May 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.read more
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
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Lorenzo Preston
17:23 26 Jan 17
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