=====================gtg
Commercial Vehicle Accidents
Because our Law Firm has significant experience representing clients suffering from injuries sustained in accidents involving TRUCKS, TRACTOR-TRAILERS, and COMMERCIAL VEHICLES, we understand the difficulties you are facing.
You DO NOT have to simply accept an offer from an insurance company. It is in the insurance company’s best interest to limit the amount of financial compensation you receive. We will aggressively negotiate with them on your behalf, and litigate your claim when necessary, to see that you receive the compensation you deserve.
We will work with you to seek compensation for damages, including:
Medical Expenses
Lost Wages
Pain & Suffering
Physical Therapy Costs
Future Damages
Punitive Damages
Future Earnings
If you or a family member has been injured in an accident involving a TRUCK, TRACTOR-TRAILER, or COMMERCIAL VEHICLE, please feel free to contact our Law Firm to set up your FREE INITIAL CONSULTATION. Remember, time is of the essence and waiting too long may allow the trucking companies to destroy evidence critical to your case. We will be paid a fee in your case ONLY IF we are successful in collecting damages for you.
=======================gtg
Aviation Disasters
When disaster strikes, an experienced trial attorney can make a difference in recovering all of the damages you are entitled to. Our Law Firm brings extensive experience to the complex world of aviation law, including work on aviation accidents around the world involving:
Helicopter Crashes
Private Plane Crashes
Charter Plane Crashes
General Aviation Crashes
Commercial Aviation Crashes
While it is accurate to say that plane travel is among the safest modes of transportation, catastrophic aviation accidents still do occur, seemingly more often than ever before. There are no such things as minor airplane collisions or crash landings; these occurrences are devastating, life-altering events. As Aviation Accident Statistics illustrate, the growing popularity of private jet travel and helicopter flights may soon reverse the trend that has seen overall aviation accident rates decreasing in recent years.
“The firm’s expert attorneys have taken leadership roles in high-profile aviation disaster cases.”
We specialize both in proving pilot error and in proving defective design, manufacture, or maintenance of an aircraft or its component parts.
========================gtg
Information About Birth Injury
Because we have extensive experience in handling birth injury cases, the lawyers of our Law Firm have been able to compile a wealth of birth injury reference materials for anxious parents, guardians, and other family members.
Birth Injury Defined
It is important to differentiate between a birth injury and a birth defect. In general, birth defects are caused either by unavoidable genetic factors, as in Down syndrome, or by the mother’s actions during her pregnancy, as in fetal alcohol syndrome. Birth defects are determined before the child is born.
In contrast, a birth injury results from a medical complication that occurs during labor or birth. For example, if the baby is large or the mother’s pelvis is too narrow, a lengthy delivery might cause either physical damage or temporary loss of oxygen to the baby, resulting in brain damage.
Sometimes, these injuries are inescapable and should be considered as part of the overall risk of pregnancy and childbirth. However, if the doctor’s actions or negligence caused or aggravated the birth injury, our lawyers can protect your legal rights and help you obtain the compensation you’ll need to effectively treat your child’s long-term injury or disability.
Causes of Birth Injury
There are two major causes of birth injury reported to our lawyers; one is the improper use of technique and equipment, and the other is the lack of action or decision by the doctor. These examples of medical malpractice are among the most heartbreaking instances of birth injury because they are generally preventable.
Birth injury is not always caused by medical malpractice or negligence; sometimes injury to the child is a regrettable, but unavoidable part of childbirth. The birth injury lawyers of our Law Firm can sort through the legal intricacies that will uncover the true cause of your child’s birth injury.
Types of Birth Injury
Some of the most common types of birth injury caused by medical malpractice include:
Cerebral palsy – caused when blood flow, and therefore oxygen, is cut off from the brain for an extended period of time. Cerebral palsy is often the result of delaying a cesarean section.
Shoulder dystocia – occurs when the baby’s shoulder gets stuck on the mother’s pelvic bone. When resolved inappropriately by the doctor, shoulder dystocia causes brachial plexus palsy.
Brachial plexus palsy – caused by shoulder dystocia. Total brachial plexus palsy results in paralysis of the shoulder, arm, and hand.
Erb’s palsy – a type of incomplete brachial plexus palsy that affects only the shoulder and upper arm.
Klumpke’s palsy – a type of incomplete brachial plexus palsy that affects only the lower arm, wrist, and hand.
Birth paralysis – can be caused by shoulder dystocia or cerebral palsy. May range from loss of sensation in one area of the body to quadriplegia, or loss of movement in all four limbs.
Birth Injury Treatments
No matter what type of birth injury your child has experienced, quick action is absolutely essential. The effects of some birth injuries, such as shoulder dystocia, can be reduced if appropriate medical action is taken right away. However, for more lasting injuries and conditions such as cerebral palsy, the child will need to be provided with special education and intensive therapy for years to come.
A comprehensive therapy program will depend greatly on the type and extent of the child’s disability and may include such components as physical, behavioral, recreational, occupational, and speech therapy. Our birth injury lawyers understand the subtle importance of each type of therapy, and as such will fight for a settlement that is adequate to pay for top-notch care.
To schedule a free legal consultation at our office, contact our birth injury lawyers today. Time is of the essence; the sooner you act, the better chance you and your child will have to recapture your peace of mind.
======================gtg
Medical Malpractice Info
Medical malpractice is defined as any action taken by a medical provider that causes injury or harm to a patient. Birth injury cases involving medical malpractice are often brought to our lawyers. It is our job to determine the true cause of a birth injury such as paralysis or cerebral palsy; if negligence or medical malpractice caused your child to be injured, you may be eligible to claim compensation for emotional distress, medical bills, and therapy for your child.
How Birth Injury is Proven
The birth injury lawsuits brought to our office are among the most difficult medical malpractice cases to prove. Our lawyers have to delicately sort through extensive medical records and statements to find out whether responsibility for the birth injury should rest on the doctor in charge, anesthesiologists, nurses, or even the hospital as a whole. Every medical malpractice situation is unique, and the focus of every lawsuit may be different.
Who Can Be Sued for Medical Malpractice?
Different parties may be held responsible for medical malpractice. Our lawyers may choose to first bring a suit against the hospital itself, as it is responsible for hiring competent employees. If medical staff is found guilty of medical malpractice, our lawyers may be able to show that the hospital was negligent by hiring them.
Doctors, nurses, and technicians are most often the people who are found to be directly responsible for medical malpractice. In this age of understaffed hospitals and overworked hospital staff, birth injuries due to medical malpractice are, sadly, on the rise. Some of the more common negligent actions causing birth injury include:
Misinterpretation of a patient’s medical history, or failure to take into account family medical history
Delay in ordering a cesarean section in case of an emergency
Failure to adequately respond to a change in the baby’s condition during labor
During the commotion that often prevails in the delivery room, medical decisions need to be made instantly. Any delay or misstep could be dangerous to the health of the mother or her baby. Similarly, any delay in seeking legal representation could mean a potential loss of compensation. If you think you may have a medical malpractice case, contact the lawyers of our Law Firm today. They have decades of combined experience in medical malpractice and birth injury cases.
======================gtg
Shoulder Dystocia Information
Even under the best circumstances, the birth of a child is complicated and can be difficult. If and when something goes wrong, medical staff have very little time to react with appropriate treatment. One of these emergency conditions, called shoulder dystocia, can be a leading cause of paralysis among birth injury victims.
During a baby’s birth, the most difficult part of the delivery is usually the passage of the baby’s shoulders through the birth canal. Shoulder dystocia occurs when one shoulder gets temporarily stuck behind the mother’s pelvic bone. In most cases of shoulder dystocia at our hospitals, the condition is quickly resolved by the doctor with no lasting injury to the child. However, if inappropriate measures are taken to dislodge the baby, it is possible to cause nerve damage and paralysis.
Shoulder dystocia can pull, stretch, and even tear the nerves in the shoulder and arm of the baby, causing weakness and paralysis that can take months to disappear. In the most extreme cases, shoulder dystocia causes permanent paralysis; our lawyers have found that the emotional and financial toll associated with these children can be nearly overwhelming.
Types of Paralysis Caused by Shoulder Dystocia
Brachial Plexus Palsy
This type of paralysis is the general name given to paralysis of the shoulder, arm, and hand and is nearly always caused by shoulder dystocia. Brachial plexus palsy is rarely complete and usually manifests itself as a general weakness of the arm and hand.
Erb’s Palsy
Erb’s palsy results when only some of the nerves are affected in the brachial plexus, or bundle of nerves that serves the arm and hand. Babies with Erb’s palsy experience weakness or paralysis in the shoulder and upper arm.
Klumpke’s Palsy
Klumpke’s palsy is the rarest type of paralysis caused by shoulder dystocia in babies born; much like Erb’s palsy, only a portion of the arm is affected; in this case, the lower arm, wrist, and hand experience paralysis.
Since every case of shoulder dystocia is slightly different, parents often find it difficult to determine on their own whether their child’s birth injury was caused by medical malpractice. Our birth injury lawyers have considerable expertise in compiling statements and medical records that put together an accurate picture of the situation.
If you believe that your child’s shoulder dystocia was caused by medical malpractice, you must take immediate action to secure the best chance of full compensation. Contact the medical malpractice attorneys of our Law Firm today for a free consultation; they are respectful legal advocates who will fight for the rights of you and your child.
=======================gtg
Brachial Plexus Palsy Information from Cerebral Palsy Lawyers
Brachial plexus palsy is a birth injury that occurs in approximately two to five of every 1000 babies. Much like cerebral palsy, our lawyers estimate that many brachial plexus palsy cases occur due to medical malpractice.
The brachial plexus is a bundle of nerves in the shoulder area that delivers sensation to the shoulder, arm, and hand. If this bundle is damaged, some or all nerves in any of these areas can be affected, resulting in a lack of sensation and an inability to move the hand or arm. The brachial plexus nerve bundle attaches to specific sections of the spinal cord and spinal vertebrae; the extent of paralysis depends on which vertebrae are affected. Erb’s palsy, affecting the shoulder and upper arm, results from injury to the C5 and C6 vertebrae. Klumpke’s palsy, affecting the forearm and hand, results from injury to the C7 and T1 vertebrae.
Shoulder dystocia, a condition in which the baby’s shoulder gets caught on the mother’s pelvic bone, causes most brachial plexus injuries. The nerves in the area can be stretched or even torn when shoulder dystocia is not properly treated. Our brachial plexus and cerebral palsy lawyers can help recover compensation for all four types of brachial plexus palsy:
Neuropraxia – The most common type of brachial plexus injury. The nerves are stretched, but not torn.
Rupture – The nerve is torn along its length, but is still intact at the point of attachment to the spinal cord.
Neuroma – This type involves scar tissue development after the nerve injury, causing incomplete signals to be sent to the area.
Avulsion – The most serious type of brachial plexus injury. The nerve is torn from the spinal cord, causing complete paralysis and loss of sensation in the arm, shoulder, and hand.
Parents often have many questions when their children are affected by cerebral palsy or brachial plexus palsy. The lawyers of Phillips Law Group urge them to seek comprehensive and effective medical treatment as soon as possible to help mitigate any long-term disability.
Treatment for brachial plexus palsy generally depends on the type and extent of the injury. Many children recover a great deal of feeling and range of motion in their affected arm; however, some of them are left with varying degrees of motor function, sensory impairment, and paralysis.
If your baby experienced birthing difficulties that resulted in brachial plexus palsy or cerebral palsy, contact the lawyers at our Law Firm today. We can help you find some of the answers you’ve been looking for.
=====================gtg
Information from Erb’s Palsy Attorneys
Not every birth injury is caused by damage to the brain. Many children suffer from Klumpke’s or Erb’s palsy, conditions that our attorneys believe are usually caused by improper delivery techniques.
Erb’s Palsy
Klumpke’s Palsy
Erb’s Palsy
During delivery, there is a chance the baby’s shoulder could become impeded by the mother’s pelvic bone. When proper techniques are used to dislodge the shoulder, the baby can be delivered without any problems. However, if a doctor does not attempt to use every technique available for a smooth delivery, the shoulder and arm may remain stuck for quite some time.
Because arm nerves are bundled together in the armpit, this lengthy delivery time allows the nerves of the C5 and C6 vertebrae to become strained, or even to tear. When this happens, the resulting paralysis is called Erb’s palsy, or brachial plexus palsy. Erb’s palsy affects the shoulder and upper arm in such a way that the hand rotates inward. It is usually difficult or impossible for Erb’s palsy clients to grip objects or to lift items above their heads.
Erb’s palsy can occur naturally; however, in most cases, the condition is created or aggravated by the actions or negligence of a doctor. The risk for Erb’s palsy is higher for large babies and babies whose mothers are physically small or have diabetes. If believe that your child’s Erb’s palsy was caused by medical malpractice, contact the attorneys of our Law Firm today. We can explain your legal options and help you to make the right choices for your family.
Klumpke’s Palsy
Klumpke’s palsy describes a brachial plexus injury that affects the C7 and T1 vertebrae. Injuries in this area of the spinal cord cause loss of sensation or paralysis in the wrist, hand, and fingers. Klumpke’s palsy is often caused by medical malpractice. As with Erb’s palsy, our attorneys can help victims of Klumpke’s palsy win compensation for future medical costs and therapy.
If you are the parent or guardian of a child with Erb’s palsy or Klumpke’s Palsy, contact our lawyers to schedule a consultation.
====================gtg
Other Causes of Brain Damage and Injury
In addition to causing such birth injuries as cerebral palsy and paralysis, medical malpractice is also responsible for other kinds of brain damage and injury. To reduce the amount and severity of these problems, parents should be vigilant during, and after, their child’s delivery. If a lawsuit is later determined to be appropriate, any information about the doctor’s or hospital’s actions will be important to the case.
Forceps and Vacuum Extractors
Extraction tools such as forceps and vacuum extractors are very useful in aiding delivery during a difficult or breech birth. Both pieces of equipment are designed to help bring the baby out of the birth canal; forceps are composed of two metal pieces that are locked behind the baby’s head, whereas a vacuum extractor consists of a plastic cup that attaches to the crown of the baby’s head.
Because they are intended for emergency use only, these tools come with moderate risk to the baby of brain injury and other damage. If a doctor uses either method unnecessarily, the resulting injury can be construed in a court of law as medical malpractice. Some of the most frequent preventable injuries caused by forceps and vacuum extractors include:
Skull fractures
Bleeding in the brain (resulting in brain damage)
Spinal cord and brain injury (possibly causing paralysis)
Facial scarring
Facial nerve damage
Neck vertebrae pulled out of alignment
Studies have shown that fewer instances of skull and brain injury are caused with the vacuum extractor than with forceps; expectant parents should discuss both options with their doctors.
If either of these extraction methods was used during your baby’s birth, and you suspect that brain injury or damage was caused as a result, contact our Law Firm to schedule a free consultation with our birth injury attorneys. Our respected lawyers work closely with medical experts to determine whether your child’s brain injury was caused by medical malpractice that could have been avoided.
=================gtg
=====================gtg
Brain Injury
Catastrophic accidents from car crashes, abuse, sports injuries, and accidents can result in brain injury. Traumatic brain injuries can be the most expensive kind of harm because of the immediate damage and long-term disabilities that result. When a severe accident causes brain damage it takes a skilled attorney to find all possible sources of recovery to ensure that the accident survivor can get the full compensation they deserve under the law.
Info on our Brain Injury
Most traumatic injuries are the result of direct or indirect actions of another. A distracted driver, a negligent manufacturer, abusive caretaker, or another party may be held legally responsible for the injuries that their acts or omissions inflict on others. The law of negligence is a prime tool that brain injury victims have to assert their rights to compensation. Other relevant laws may be strict products liability if the accident occurred through the use of a product or the law of intentional torts if the injury was the result of abuse.
Recovery from a brain injury caused by a traumatic event usually affects the entire body. Swelling, bleeding, and loss of bodily functions commonly occur alongside brain trauma. Immediate medical treatment may focus on ensuring that the brain gets the oxygen and blood it needs to prevent further damage from occurring. Long-term treatment will focus on therapy and rehabilitation.
Brain Injury in the Courts
Unlike less grave personal injury cases, cases resulting in traumatic brain injury make the stakes much higher. Because brain injuries are much more likely to result in long-term problems, the amount of recovery is usually equally high to cover these costs. The types of damages brain injury plaintiffs can receive include medical expenses, lost present and future wages, pain, and suffering, and possibly other damages depending on the extent of the harm. In the most egregious cases, punitive damages may also be available.
If you or your loved one has suffered brain damage in a vehicle accident, product failure, or another kind of abuse, contact our Law Office. Our experienced traumatic injury lawyers can get you the compensation and justice you deserve. Call our offices today toll-free to schedule a free consultation.
========================gtg
Hit and Run
Hit and run accidents happen frequently. About 70,000 motorists fled the scene of an accident last year, sometimes jeopardizing the lives of the accident victim. All drivers involved in any type of vehicle collision with individuals or property must report their name, address, and insurance information to the other party involved in the collision, or the local authorities. Failure to do so is a crime. However, many uninsured drivers simply flee the scene of an accident in order to prevent having to pay for the damage. In other situations, the driver may be intoxicated and leave in order to evade arrest.
If involved in a hit and run, the most helpful step to take is to write down the license plate and vehicle description of the perpetrator’s automobile. When this happens the perpetrator can be found by police or reported the next time maintenance is performed on the vehicle. Unfortunately, in very serious accidents, this is not always possible. It is then crucial to contact an attorney and file a police report right away to begin the steps of tracking down the responsible individual.
In some cases, police may be able to track down the vehicle using forensic evidence, depending on the circumstances of the accident. Finding the individual responsible is very important to be able to fully recover for injuries due to a hit and run because fleeing the scene of the accident is often enough evidence necessary to prove that the individual was responsible for the accident. Although, if the perpetrator cannot be found, personal insurance may be able to cover some of the medical expenses incurred from the accident. Many auto insurance policies include uninsured motorist coverage. Further, the insurance policy of a co-passenger or house member may also be available to recover damages from.
If you have been harmed in a hit-and-run accident, call the best lawyer for hit-and-run accidents at our Law Office. Our expert personal injury attorneys will explore your legal options to maximize your ability to recover the full amount entitled to you. Schedule a free consultation by calling our office toll-free today.
======================gtg
========================gtg
Aviation Injury
2020 saw an increase in the number of people killed in air crashes around the world despite the Covid-19 pandemic leading to a dramatic reduction in the number of operational flights. Although accidents involving commercial jets are highly publicized, most accidents involving aircraft occur in small planes. The largest number of accidents involve general aviation in the U.S. Unfortunately, most of these accidents can be prevented.
The single largest cause of aviation accidents is due to pilot error. Generally, pilots carrying passengers from one location to another for compensation are common carriers. Common carriers owe an especially high duty of care to the passengers to ensure their safety. This means that when pilots act negligently, pilots and their companies can be liable for all the damages that result. However, airplane and helicopter accidents are complex. They may occur for any of the following reasons:
A mechanic may have made negligent repairs to the aircraft.
A manufacturer may have built a defective component, or negligently assembled the aircraft.
Air traffic controllers may make mistakes that can result in deadly collisions, or they may provide faulty information regarding weather conditions to pilots.
Failure to properly perform a preflight inspection or properly prepare a flight plan.
The law regarding aviation accidents can also get complicated. The outcome of a case or amount of recovery can depend on a wide variety of factors including whether the accident occurred on land in a particular state, over the shoreline, over the ocean, with a charter plane, or with a recreational plane. Due to the inherently dangerous nature of aviation, accidents resulting in death are not uncommon. This used to present problems because deaths that occurred far out on the ocean were not always covered by wrongful death law. However, the federal Death On the High Seas Act allows spouses, parents, children, or dependent relatives to bring a wrongful death case against the individuals responsible for aviation accidents that occur more than 3 miles from shore.
Finally, because small non-commercial planes do not always carry a black box, it makes forensic investigations crucial. The longer an investigation takes place after an accident, the faster that evidence can deteriorate. For these reasons, it is very important to see an experienced aviation attorney as soon as possible if you or your loved one has been involved in a plane or helicopter accident.
To learn more about whether you are entitled to a lawsuit or settlement in your aviation accident case, contact our Law Firm. To schedule a free consultation call our offices today.
=======================gtg
Birth Injury
Doctors, nurses, and other health care professionals make mistakes. Long hours, hectic schedules, and simple inadvertence are usually to blame. Nevertheless, these are not valid excuses considering the gravity of their duty to provide medical treatment and monitor infants during births and pregnancies. According to the Center for Disease Control, about one-third of babies are born with a birth defect. Unfortunately, many of these defects can be prevented by competent medical intervention.
Birth Injury: The Law
There are generally two broad types of medical negligence that can lead to birth defects. The first kind is direct negligence by injuring the mother or infant during delivery, such as failing to control blood loss or failing to monitor the baby’s oxygen levels before and after delivery.
Birth Injury Lawyer Info
In these situations, a mother can file a professional negligence claim, also known as a medical malpractice claim, against the doctor for any injuries the doctor caused her including medical expenses, pain and suffering damages, and any related costs. If the infant is injured by malpractice the parents, as legal guardians of the child, must bring a lawsuit.
Examples of types of cases that could lead to a malpractice claim for direct injury include deciding to deliver the infant prematurely, failing to diagnose and treat a high-risk pregnancy that results in harm to the infant, or other failures before, during, or after delivery.
Additionally, in some cases, parents of children born with birth defects can also recover from the doctor failing to diagnose the defects. These lawsuits are known as wrongful birth cases. This occurs when the parents can show that a doctor knew or should have known that a child would be born with birth defects and that if the doctor told the parents, they would have either avoided the pregnancy or terminated it. Usually, these cases stem from the failure to perform or give accurate results of genetic testing prior to conception or warn parents when signs of the defects appear at the early stages of pregnancy.
Parents are entitled to compensation for the special costs of raising a child with birth defects in wrongful birth cases. These costs can include medical expenses, costs to educate the child, and pain and suffering for raising a child with birth defects.
What To Do Now?
Too many cases of professional negligence go unreported every year. If your child has been harmed by the carelessness or negligence of medical personnel, contact an experienced birth injury attorney right away. The attorneys of our Law Office handle medical malpractice cases and can get you the justice and compensation you deserve. To learn more about our birth injury lawyers, contact our offices for a free case evaluation today.
=======================gtg
Brain Injury
Catastrophic accidents from car crashes, abuse, sports injuries, and accidents can result in brain injury. Traumatic brain injuries can be the most expensive kind of harm because of the immediate damage and long-term disabilities that result. When a severe accident causes brain damage it takes a skilled attorney to find all possible sources of recovery to ensure that the accident survivor can get the full compensation they deserve under the law.
Info on our Brain Injury Attorney
Most traumatic injuries are the result of direct or indirect actions of another. A distracted driver, a negligent manufacturer, abusive caretaker, or another party may be held legally responsible for the injuries that their acts or omissions inflict on others. The law of negligence is a prime tool that brain injury victims have to assert their rights to compensation. Other relevant laws may be strict products liability if the accident occurred through the use of a product or the law of intentional torts if the injury was the result of abuse.
Recovery from a brain injury caused by a traumatic event usually affects the entire body. Swelling, bleeding, and loss of bodily functions commonly occur alongside brain trauma. Immediate medical treatment may focus on ensuring that the brain gets the oxygen and blood it needs to prevent further damage from occurring. Long-term treatment will focus on therapy and rehabilitation.
Brain Injury in the Courts
Unlike less grave personal injury cases, cases resulting in traumatic brain injury make the stakes much higher. Because brain injuries are much more likely to result in long-term problems, the amount of recovery is usually equally high to cover these costs. The types of damages brain injury plaintiffs can receive include medical expenses, lost present and future wages, pain, and suffering, and possibly other damages depending on the extent of the harm. In the most egregious cases, punitive damages may also be available.
If you or your loved one has suffered brain damage in a vehicle accident, product failure, or another kind of abuse, contact our Law Office. Our experienced traumatic injury lawyers can get you the compensation and justice you deserve. Call our offices today to schedule a free consultation.
========================gtg
Construction Injury
According to the Bureau of Labor Statistics (BLS), construction jobs are amongst the most dangerous of occupations in the U.S. Fatalities and serious injuries are not uncommon. In 2020 BLS reported that 2.8% of construction workers reported receiving injuries at work. The likelihood is that the number of people injured on the job is actually much higher, but workers often fear reporting injuries.
Construction site injuries can be serious. In fact, a total of 1,061 construction workers died on the job in 2019. Although this number is down significantly from past years, it is still unacceptable when injuries are preventable.
Employers owe a legal duty of care to employees to ensure their safety on the job. The company or person that controls a worksite has a duty to ensure that workers have a safe workplace. This can mean that the organization or person behind the construction job is responsible to ensure that the work performed by subcontractors is safe. If they breach this duty, it can lead to liability under the law of negligence.
The law of negligence requires that an injured person shows that a construction company owed them a duty of care, broke that duty of care, and the breach of the duty was the actual and proximate cause of their injury that led to actual damages.
Usually, construction accidents can be prevented by taking reasonable caution. As mentioned above, the contractor should supervise subcontractors to ensure that they are building in a safe manner. Contractors must warn of dangers in the worksite and ensure that subcontractors and workers comply with safety requirements.
In addition to the law of negligence, other state and federal safety laws may allow injured workers to file a legal claim to recover for their injuries.
Our Law Office can help you get compensation if you have been hurt in a construction injury. The experienced construction injury lawyers of our Law Office have many years of experience handling personal injury claims, including construction injuries. Get a free consultation with a construction accident attorney by calling us toll-free.
==========================gtg
Elevator and Escalator Accident
We take elevators and escalators for granted, but they are complex machines that require proper maintenance to prevent serious injury. Unfortunately, not all landowners take these responsibilities seriously. Elevator and escalator manufacturers may also fail to warn consumers of the dangers of using these machines. When this happens you need an experienced escalator and elevator accident lawyer to get you compensation for your injuries.
Law requires that all landowners who allow the public or invited individuals onto their property keep their property safe by removing possible hazards and warning visitors about hazards. Failure to keep premises safe, for example, by failing to warn guests or the public of maximum numbers in elevators or escalators, will make the landowner liable for injuries that occur from these hazards. In these cases, an injured person must often show that the landowner had a duty to repair, they failed to repair it in line with their duty, and an injury directly resulted. As mentioned before, opening the property to the public or certain guests establishes the duty to repair. Also in many cases, courts will find that the mere fact that certain accidents happen, such as elevators suddenly falling, or escalators suddenly failing, will be evidence in itself that the landowner, or individual responsible for maintenance, failed their duty.
Additionally, contracted maintenance personnel may also be liable for injuries that guests or the public receive on escalators and elevators. This is usually true when maintenance contractors have an exclusive agreement to keep the machinery in good repair. Both maintenance or landowners can also be held liable if they attempt to repair an elevator or escalator and do so negligently in a way that causes further malfunction and injury.
If you have been injured while using an elevator or escalator the injury lawyers of our Law Office can help. We have the experience and expertise necessary to get you the total amount of compensation legally due to you from negligent landowners and escalator or elevator companies. Contact our office for a free consultation today.
=======================gtg
Railroad Injury
Trains and railroad operators carrying passengers for money are known as common carriers. Common carriers owe an extraordinarily high duty of care to ensure their passenger’s safety. This duty extends to boarding, exiting, and the ride in between. When train accidents injure passengers the rail company may be on the line for all damages sustained.
Train accidents are very complex, but state and federal safety regulations require trains to be equipped with certain safety equipment. Failure to comply with safety requirements can expose railway operators to massive liability under the law of negligence. One common issue in rail accidents is that operators rarely admit fault because the stakes are often quite high. The sheer size and weight of a train can cause enormous damage and lead to many deaths.
Although most people think of trains as much safer than planes, trains may injure individuals in many ways, including:
Derailment
Collision with motor vehicles or other trains
Spilling toxic chemicals
Hitting pedestrians
Or in other railroad crossing accidents
If you or your loved one has been injured in a railroad accident, call the train injury lawyers at our Law Office. Recovery for personal injuries due to railroad accidents is complex and is best handled by attorneys skilled in accident investigation and who possess a thorough understanding of the law. Schedule a free consultation with a train accident attorney by calling us today.
=================================gtg
Swimming Pool Accident
One of the most enjoyable aspects of living in south Texas is that pools can often be utilized much of the year. However, swimming pools can be very hazardous without the right protection in place. The second most common cause of death in this country for children under the age of 15 is from drowning. Other serious injuries include pool pumps that malfunction and cause intestinal damages when children become stuck over the powerful pumps. Slipping and falling on wet floors around pools is another common form of injury.
Whether a pool injury occurs at your home, a friend or acquaintance’s property, public or commercial property, a swimming accident attorney may be able to hold the negligent parties responsible for the injury or death from a swimming pool accident.
Even in cases where the accident was caused while trespassing, the law provides that the pool owner can be held responsible. One reason is that landowners owe a duty of reasonable care to children who trespass on their property because of an attractive nuisance. Swimming pools that may be accessible to trespassing children are one example of the types of attractive nuisances that require landowners to exercise care towards trespassing children.
If a child or adult is injured due to faulty pool equipment, a claim may be brought against the manufacturer, wholesaler, or retailer of the equipment. If repairs were negligently made to faulty equipment the person who made the repairs may also be subject to liability.
If you or your loved one has been injured in a swimming pool accident call the swimming accident lawyers at our Law Office. Our attorneys will ensure that you get the compensation you need to recover. To schedule a free consultation with a swimming accident attorney, call us today.
===================gtg
Anesthesia Errors
Anesthesia errors are common but are typically underreported incidents that can have long-term effects on patients who suffer from them. Dozens of errors can cause anesthesia complications including:
Failure to monitor the patient
Failure to properly instruct the patient prior to receiving anesthesia
Improper assessment of risks of anesthesia
Over sedating the patient
Providing anesthesia to the wrong patient
Failure to properly administer oxygen
Complications from anesthesia errors can lead to birth injuries, stroke, heart attack, brain damage, and death.
Liability for Nurse and Surgical Staff Anesthesia Errors
Under Texas law, specific members of medical staff may be liable for errors that occur during an operation. However, the members of the medical staff are responsible for their own actions. Nevertheless, the hospital or medical facility of the staff members may also be held liable for the malpractice of the medical staff, if it becomes apparent that a member of the medical staff was incompetent to perform the duties required of them. This is true even if the medical staff are not technically employees of the hospital.
Neurological Injury Compensation Act for Birth injuries
The Neurological Injury Compensation Act (NICA) is a no-fault act that provides compensation for infant victims of surgical errors or other potential malpractice. For example, if anesthesia is improperly administered to a mother while giving birth, the child could have lifelong brain damage as a result. Although NICA allows the victim to recover without having to resort to litigation, the amount recovered is sometimes tremendously less than a victim would be able to recover in a malpractice lawsuit or settlement, and may not be enough to cover the costs the child will endure for the remainder of their lives. For this reason, insurance companies often try to protect themselves from liability by telling the victim they are not eligible for compensation through a lawsuit because they must go through NICA. However, this is not always true. There are strict eligibility guidelines for NICA, and an experienced malpractice attorney can tell you whether you can fight the insurance company’s claim that NICA must be brought.
Contact an Anesthesia Errors Lawyer
If you or your loved one has been injured because of the failures of a physician, schedule a free consultation with the expert anesthesia errors attorneys at our Law Office today.
========================gtg
Cerebral Palsy Malpractice
Cerebral Palsy is a type of brain injury that is usually diagnosed in the first few months after an infant is born. It is a lifelong disability and is incurable. The symptoms of cerebral palsy include loss of muscle control and movement, this often manifests as a failure to reach milestones, weak muscle tone, or walking on toes. Although many cases of cerebral palsy are not preventable, in cases where it is preventable, the parents of a child who develops cerebral palsy may be entitled to compensation for the development of the disease.
The three types of cerebral palsy are known as spastic, athetoid, and ataxic. Spastic cerebral palsy results in difficulty in movement and stiffness. Athetoid cerebral palsy manifests as uncontrolled movements. Ataxic cerebral palsy causes problems with depth perception and balance.
The majority of cerebral palsy cases are congenital, which means that they occurred before or during the time of birth. This can be due to a variety of reasons including:
Prolonged stress during the labor period,
Deprivation of oxygen during labor period or while in the womb,
Infections during pregnancy,
Blood disorders in the mother,
Meningitis in the mother,
Genetic disorders,
OB/GYNs have a duty to monitor the baby during the labor process. They have tools that they must use to monitor a fetus’s oxygen level, and level of distress. Additionally, when a baby is in distress during birth, it should be obvious to the medical staff. When medical staff fails to meet their duty of care to the mother and newborn child they can be held legally liable for birth injuries that result.
If medical staff fail to meet their duty of care the damages from cerebral palsy or other brain injuries will result in lifelong costs for medical care. Damages that can be awarded in a successful malpractice claim include the costs for medical expenses, pain and suffering, nursing, assistive devices, lost income, and other costs.
If you think that your child developed cerebral palsy due to the negligence of medical staff, contact a cerebral palsy attorney to explain your legal options. Our Law Office can help you hold the negligent parties legally and financially responsible. To learn more about cerebral palsy malpractice call our Law Office or request a consultation online, quickly and easily.
===========================gtg
Medical Misdiagnosis
Doctors make mistakes. Every year, in fact, hundreds of thousands of patients are seriously injured or lose their lives as a result of physician malpractice. There are many ways that doctors can fail to meet their duties to patients. One of the most common is misdiagnosing patients. This kind of malpractice can happen in any type of medical issue. To establish a malpractice lawsuit a patient must show the following elements.
The first element is that the individual was a patient of the doctor. The second element is that the doctor failed to provide treatment in a competent and skillful manner; in other words the doctor was negligent. The last element is that the doctor’s negligence in misdiagnosis was the actual and legal cause of an injury.
Usually, the first element is not at issue in malpractice cases. However, the element of the doctor’s negligence is usually contested. Merely misdiagnosing a condition or disease is not in itself proof that the doctor was negligent. Generally in misdiagnosis cases the differential diagnosis method the doctor applied to reach the conclusion must be examined.
The differential diagnosis is a method that doctors should use to diagnose patients. This requires the doctor to list all possible diagnoses and eliminate incorrect diagnoses by asking the patient questions, or by performing laboratory and other tests. If this method was used to diagnose the patient’s problem, a court will determine whether a reasonably competent doctor would have correctly identified the real medical issue. The doctor will be liable for malpractice if the doctor included the correct diagnosis on the differential list but failed to perform tests or investigate the diagnosis. The doctor can also be liable if the doctor did not include the correct diagnosis on the list and a reasonably skillful doctor would have. The standard for how a reasonably skillful doctor would act depends, in part, on the type of practice the doctor was engaged in; whether they were a family doctor or other specialist. Specialists are judged by the national standards of physicians in the same practice type. Family practitioners on the other hand are judged according to the standards of the local area.
One common circumstance were misdiagnoses arise in is with cancer. A doctor may fail to use the diagnostic method, and thus fail to recognize the correct diagnosis. Alternatively, the doctor may recognize the possibility of cancer, but decides on another diagnosis without doing proper testing. The patient must show that the failure to competently diagnose the condition also caused them harm. This can usually be shown if the patient was forced to undergo a more intensive, longer-lasting, or more costly treatment because of the misdiagnosis.
Very few doctors are reported for their mistakes. This needs to change to improve medical care and accountability for doctors. If you believe that you have been harmed by the unreasonable mistakes of a physician contact the medical misdiagnosis attorneys at our Law Office. Our attorneys will ensure that you get the compensation entitled to you by law from negligent medical care providers. For a free consultation with one of our medical malpractice lawyers call us toll-free.
=========================gtg
Car Accident Attorneys
Our car accident attorneys are aware of just how many Americans rely on their cars to get them where they need to go. Unfortunately, while automobiles are almost necessary to get us from place to place, they also place those who use them in considerable danger. In fact, every year millions of Americans are injured in car accidents. In some cases, these accidents are no one’s fault, but rather the unfortunate result of circumstances beyond anyone’s control. However, far more often, car accidents are caused by recklessness or negligence on the part of one or more parties.
Those who have been involved in a car accident often must cope with significant consequences that can affect nearly every aspect of their lives. Among other consequences, car accident victims typically must seek costly medical care, spend time away from work while recovering from their injuries, and pay for the damages to their vehicle. All of these consequences can exert a serious toll on the financial resources of the accident victim and their family.
If you or someone you know has suffered an injury in a car accident caused by another person, you shouldn’t have to pay for the consequences on your own. Fortunately, with the help of an experienced attorney, you may be able to get the compensation you need in the aftermath of this unfortunate circumstance. Contact our car accident lawyers today to speak with a qualified legal professional about the details of your case and learn more about the legal options that may be available to you in this situation.
Our Practice Areas
Car accidents can occur in a wide variety of different ways, and it’s important to have an attorney who understands what it takes to represent these different types of cases in order to ensure that your case has the greatest possible likelihood of a favorable outcome. At our Law Firm, we are prepared to help those whose cases involve:
Truck/18-wheeler Accidents
Motorcycle Accidents
Pedestrian Accidents
Rollover Accidents
Auto Defects
Speeding Accidents
Reckless Driving Accidents
Road Defects
Drunk Driving Accidents
Insurance Claims
Whether you have suffered as a result of these or other types of car accidents, we can possibly get you the help you need. Our team of experienced, knowledgeable legal professionals helps our clients navigate the legal system in this difficult time, allowing them to focus on what matters most while pursuing the compensation they need.
Contact Us
Drivers who cause others to suffer as a result of their own irresponsible behavior need to be held accountable for the consequences that their actions have had. If you or someone you know has been the victim of a car accident caused by the recklessness or negligence of someone else, you should contact an experienced legal professional for help in getting the justice you are seeking. Contact a car accident attorney of our Law Firm today to discuss your case with a qualified member of our legal team and learn more about your rights and options under the law.
=====================gtg
Truck Accident Lawyers
While large commercial trucks fill highways, interstates, and other public roadways, transporting billions of dollars worth of goods across the country every day, our truck accident lawyers are all too aware of the serious threat these large vehicles can pose to other motorists on the road. Because of their considerable size, any accident involving an 18-wheeler or other large truck is often far more devastating in its consequences than a typical car accident would be, potentially leaving drivers with life-altering physical damages or worse.
Aside from the pain and suffering that may be caused by the injuries resulting from a truck accident, there are many other consequences with which accident victims may have to cope. Among other repercussions, these often include expensive medical bills from treatment for the injury, both in the immediate aftermath and later on if physical rehabilitation is necessary, as well as potentially substantial losses of income, either from time spent away from work recovering or permanently reduced earning potential.
No one should have to pay for these types of consequences by themselves. If you or someone you know has been the victim of a truck accident that was caused by the reckless or negligent actions of someone else, you may be entitled to seek compensation for your losses and suffering. Contact a car accident attorney of our Law Firm today to speak with a qualified legal professional about the details of your case. We make it our priority to fight aggressively to protect the rights and interests of our clients when they are going through such a situation.
Truck Accident Injuries
Truck accident injuries may be caused in a number of different ways. The most significant cause is typically the impact from the accident itself. However, there are other issues relating to truck accidents which may have the potential to cause serious physical harm to the accident’s victims, including fires that may occur as a result of fuel tank explosions and exacerbation of injuries due to the attempts of medics to remove injury victims from the scene of the accident.
The actual injuries which may occur as a result of an accident with a large commercial truck can vary significantly. However, some of the most common truck accident injuries include the following:
Severe contusions
Broken bones
Internal organ damage
Severe burns
Spinal cord injuries
Traumatic brain injury
The consequences that these and other types of injuries caused by a trucking accident can have a devastating effect on the lives of those who are affected. Whether you have suffered these or any other types of truck accident injuries, our team of experienced legal professionals may be able to help you fight for the justice you are seeking.
Contact Us
If you or someone you know has suffered injuries in a truck accident caused by another person’s negligence, the responsible party should be the one to bear the burden of their actions. Contact the car accident lawyers of our Law Firm today to discuss your case with an experienced member of our legal team and find out how we may be able to help you hold these individuals liable for their transgressions.
======================gtg