In Texas, the vibrant culture often intersects with the enjoyment of food, entertainment, and libations. However, the convergence of social activities and alcohol can sometimes lead to devastating consequences. When instances of over-serving occur at bars, restaurants, or other establishments, resulting in accidents or injuries, understanding the pivotal role of a Texas dram shop lawyer becomes crucial.

At Kherkher Garcia, we understand how difficult it is when injuries result from the negligence of others. Our goal is to provide legal guidance and support for injury victims and their families. Below, you will find information on how a Texas dram shop lawyer can be tremendously helpful if you or someone you love is injured. From answering questions to helping you pursue justice – we are here for you!

Overview of Texas Dram Shop Laws

The term “dram shop” refers to a place where alcoholic beverages are sold, emphasizing the responsibility these establishments hold in preventing over-intoxication. Texas imposes laws on these establishments, holding them accountable for injuries caused by individuals they have knowingly over-served. This legal liability extends to situations where an intoxicated patron causes harm to themselves or others due to the excessive consumption of alcohol at the establishment.

The need for a Texas dram shop lawyer arises when individuals suffer injuries or losses due to the actions of an intoxicated person. These lawyers specialize in navigating the complex legal terrain of dram shop liability, fighting for justice, and holding accountable those responsible for over-serving alcohol.

Why You Need a Texas Dram Shop Lawyer

The first and most crucial aspect a dram shop lawyer handles is proving liability. Texas law requires establishing that the establishment in question continued to serve alcohol to an individual who was visibly intoxicated, or they served someone underage, leading to the subsequent harm. Proving these elements often demands a comprehensive understanding of the state’s alcohol laws and an adept investigation into the events leading to the incident.

Moreover, dram shop lawyers also assess the damages incurred by their clients. From medical bills and lost wages to emotional trauma and long-term rehabilitation, a dram shop lawyer comprehensively evaluates the impact of the incident on the victim’s life. They fight vigorously to ensure fair compensation that adequately addresses these losses.

Furthermore, navigating the legal process surrounding dram shop liability demands specialized expertise. Texas laws related to alcohol service and liability are intricate and multifaceted. A seasoned Texas Dram Shop lawyer possesses the knowledge and experience to navigate these complexities. They utilize their expertise to build a robust case for their clients.

Additionally, dram shop cases often involve dealing with insurance companies and legal teams representing the accused establishment. These entities may attempt to minimize their liability or downplay the severity of the incident. A proficient lawyer serves as a staunch advocate for the victim, skillfully negotiating with insurance companies and countering defense strategies to ensure their client’s rights are protected.

How Our Texas Dram Shop Lawyers Help Clients

At Kherkher Garcia, our lawyers specializing in dram shop cases play a pivotal role in helping victims navigate the legal complexities and seek justice for injuries or damages caused by establishments that have over-served alcohol. Here are some of the specific ways our lawyers can assist victims in such cases:

Legal Expertise and Guidance

Our dram shop lawyers possess in-depth knowledge of Texas alcohol laws, liability statutes, and precedents related to over-service cases. We explain the legal process to the victim, outlining their rights and options.

Investigation and Gathering Evidence

Our lawyers conduct thorough investigations into the incident, gathering evidence to establish liability. We often obtain surveillance footage, witness testimonies, alcohol receipts, and other relevant documentation to support the victim’s case.

Proving Liability

Our lawyers work tirelessly to demonstrate that the establishment continued serving alcohol to an individual who was visibly intoxicated or underage, leading to the subsequent harm. This involves showing a direct link between the over-service and the resulting injuries.

Assessment of Damages

Our dram shop lawyers assess the full extent of the victim’s damages, including medical bills, lost wages, emotional distress, pain and suffering, and any long-term effects. We ensure that all relevant losses are accounted for in the claim for compensation.

Negotiation with Insurance Companies

Our lawyers are skilled negotiators. We negotiate with insurance companies representing the accused establishment.  We strive to secure fair compensation for the victim, countering any attempts by insurers to minimize the liability or downplay the severity of the incident.

Representation in Court

If a settlement cannot be reached outside of court, our lawyers will represent the victim in court. We have vast trial experience, and will present the case in court, argue on behalf of our client, and advocate for fair compensation. We are experienced at litigating cases before a judge and/or jury.

Emotional Support and Guidance

Beyond the legal aspects, our dram shop lawyers offer emotional support to victims and their families. We understand the trauma and stress associated with such incidents and provide guidance and reassurance throughout the legal process and beyond.

Promoting Safer Practices

By holding establishments accountable for over-serving alcohol, we are contributing to the promotion of responsible alcohol service. This, in turn, can encourage establishments to implement stricter policies, potentially preventing similar incidents in the future and contributing to a safer community.

Pursuing Compensation for Victims and Their Families

One of the most important roles of a dram shop lawyer is assisting clients in obtaining compensation for the injuries they have suffered and any related losses. Victims of the negligence of others should not be left to bear the burden of medical and other expenses alone. In Texas, several types of damages may be available in dram shop claims, including:

Medical Expenses

This includes compensation for all medical costs incurred due to injuries resulting from the incident. It covers hospital bills, surgeries, doctor’s visits, prescription medications, rehabilitation, and any ongoing medical care related to the injuries caused by the over-serving.

Lost Wages and Loss of Earning Capacity

Victims may receive compensation for the income lost because of the injuries. This covers wages lost during recovery, inability to work due to disabilities caused by the incident, and potential loss of future earning capacity if the injuries result in a diminished ability to work or earn income.

Pain and Suffering

Non-economic damages, such as physical pain, emotional distress, and mental anguish caused by the incident, may also be compensated. This category of damages aims to compensate victims for the psychological and emotional toll of the injuries sustained.

Loss of Consortium

If the injuries affect the victim’s relationship with their spouse or family members, leading to a loss of companionship, support, or services, damages may be awarded to compensate for this loss.

Punitive Damages

In some cases, courts may award punitive damages to punish the establishment for gross negligence or willful misconduct. These damages are intended to deter similar conduct in the future and go beyond compensating the victim for their losses.

Funeral and Burial Expenses

In tragic cases where the incident results in a fatality, damages may cover funeral and burial expenses for the deceased. Damages may also provide compensation to the surviving family members for their loss.

It is important to note that the specifics of damages available in dram shop claims can vary based on the individual circumstances of each case, the severity of injuries, the evidence presented, and the legal representation involved. Consulting with an experienced Texas dram shop lawyer is essential to understand the full scope of damages available and to navigate the legal process for seeking appropriate compensation.

Free Consultation with a Texas Dram Shop Lawyer

If you or a loved one have been injured due to someone who was overly-intoxicated, the dram shop lawyers at Kherkher Garcia want to help. Our lawyers act as advocates for victims and their loved ones. We utilize our legal expertise, experience, and resources to seek justice, fair compensation, and a sense of closure for those affected by the negligent actions of establishments serving alcohol irresponsibly.

If you have questions about a potential dram shop case, or other types of injury claims, contact us for a free consultation. Call 713-333-1030, or reach out to us online to get started.

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Steve Kherkher

Steve Kherkher

Founding Partner and Trial Lawyer

This article was written and reviewed by Injury Trial Lawyer and Founding Firm Partner Steve Kherkher. Steve has been a practicing injury lawyer for more than 30 years. He has won $300 Million+ in Settlements and Verdicts for his clients. He is a force to be reckoned with in the courtroom and the trial lawyer you want on your side if you or a loved one have been catastrophically injured.

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