The Dallas attorneys at Bishop & Hummert, P.C. defend individuals and businesses across the State of Texas who have been accused of negligence or wrongful conduct which has resulted in injury. As a seasoned litigation firm at home before a jury, we represent clients in court under the insurance company's duty to defend its insured as well as advocate for those who are self-insured and find themselves drawn into litigation.
General Civil Torts
When individuals or businesses are accused of causing injury through negligence or wrongful conduct, the person or entity sued will first look to their insurance company to handle the claim. Depending upon the type of insurance, insuring for liability can be just as important as or even more important than insuring against damage or loss. Fulfilling this obligation can include a duty to investigate the claim, settle the claim, or defend the insured in litigation brought by the third party.
If a legal coverage analysis has determined that the claim is covered under the policy, and a risk management or loss mitigation assessment has concluded that the claim should be defended, we will advocate forcefully for the defendant's interests, from seeking a resolution through mediation or arbitration to vigorously defending the claim in court as necessary.
With experience representing both plaintiff and defense insureds in automobile accidents, products liability, and premises liability claims, we have the background and skill to assess the settlement value of a claim and understand the advantages and challenges of the different claims, defenses, and strategies available in litigating the matter.
Lawyers, doctors, and other professionals are held to a certain standard in the performance of their duties. They must practice with the level of competence and skill expected of the profession. Professional conduct is also often further regulated by standards established by law, government agency regulation, or by the profession's own internal codes.
CGL insurance in general does not cover professional liability issues, but medical and legal professionals commonly carry professional liability, acts and omissions, or errors and omissions insurance to guard specifically against malpractice claims.
Professionals often offer personal services in situations where the outcome cannot be fully predicted, such as in a courtroom or an operating room. When the client receives an unfavorable outcome, a common reaction is to blame the professional. Also, doctors and lawyers are often perceived to have deep pockets and to be easy targets for a quick cash settlement, since a negative outcome for the professional can be damaging to one's career.
Successfully defending against a professional malpractice case often requires litigating the underlying matter as well, in order to prove that the outcome for the plaintiff would not have been different absent the alleged malpractice. With years of experience trying cases across the spectrum of civil torts, the attorneys at Bishop & Hummert have the ability to successfully try "the case within the case" as well as defend on the issue of liability or malpractice.
Workplace Injuries and Non-Subscriber Liability
Unlike the law in many other states, the workers’ compensation system in Texas is not mandatory for all or most employers. Smaller employers or companies in low-risk occupations may choose to opt out of the system. However, employers who do not purchase workers' compensation insurance can be subject to lawsuits by their employees who are injured on the job. While self-insurance or other non-subscriber approaches may be reasonable risk management practices for certain companies, a personal injury judgment can deal a devastating blow to any small or mid-sized business. At Bishop & Hummert, we understand the consequences at stake in these cases, and work closely with the client to develop an effective strategy for loss mitigation, including a strong defense in court where appropriate.
A Wide Range of Experience and Expertise
Our firm has handled insurance defense cases ranging from farmers, ranchers, and other agricultural insurance to civil molestation cases involving churches and clergy. For effective advocacy from settlement negotiations to jury verdict, contact Bishop & Hummert, P.C.