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The Personal Injury Process

#1 Personal Injury Attorney Search
In this part of the process, the client makes a decision to hire a personal injury lawyer who will represent them for the case.

#2 Legal Investigation into Personal Injury Claim
This process includes gathering the photos from the accident scene and interviewing all of the witnesses involved with the case. The lawyer will also obtain a medical release to bring together all records of suffering. The client initial interview will take place during this stage. The interview will allow the personal injury attorney to get a social security number, date of birth, address, names of witnesses, insurance companies, and other pertinent data from the client.

#3 Injury Settlement Negotiations
Before the case goes to court, the other party will typically try to negotiate a settlement with the client. A proposal will be sent along to the client’s lawyer, and they will evaluate the terms and compensation claims. If the proposal is accepted, then the process stops here.

#4 Preparing for Personal Injury Lawsuit and Filing of Lawsuit
If the settlement proposal is not accepted by the client, then the lawyer will prepare for litigation. At this point, the defendant will be notified of the lawsuit that has been placed.

#5 Defendant Response and Discovery
The defendant will have 20 days to file an answer and/or another responsive pleading. Then the discovery stage begins, which allows both parties to gather information from each other.

#6 Medical Examination by Defense and Oral Deposition
The defense will usually ask to examine the plaintiff with one of their doctors, and they will also ask for all medical records. During the oral deposition, the plaintiff and the witnesses will be interviewed by both sides under oath.

#7 Mediation and Personal Injury Trial
A mediation must occur before trial. During mediation, A neutral mediator attempts to get both sides to compromise on a personal injury settlement. A series of offers and counteroffers are exchanged during the mediation. If mediation fails, then the parties will proceed to trial. Trials range in length based upon the complexity of each case. At the conclusion of the trial, a judgment will be entered. If the Plaintiff prevails, then the Plaintiff will receive monetary compensation.

Call our office to get a free personal injury lawyer consultation.

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Emergency Room Error

In the unfortunate event of a medical emergency, you need to rely on hospital emergency room care to treat your injuries or save your life. Unfortunately, medical errors and malpractice happen more frequently than they should. If you received incorrect medical treatment and your condition became worse, or if you lost a loved one due to an emergency room error, it is important to find an experienced emergency room malpractice attorney with proven results to represent you in your claim.

Some common emergency room errors include:

Inaccurate diagnosis of a patient’s illness
Prescribing the wrong medication
Misreading tests or X-rays
Failure to order the proper tests

Sometimes patients come into the emergency room with serious medical conditions like strokes, meningitis, or heart attack, but are mistakenly diagnosed with a less serious illness and sent home. Medical errors like these can be fatal and can be grounds for a wrongful death claim. Another common error is when a doctor prescribes the wrong type of medication or wrong dosage or fails to give adequate instructions upon discharging the patient. Emergency room errors also happen if a doctor misinterprets a patient’s test results and x-rays, leading to incorrect medical care. Sadly, these preventable errors can result in serious injury or death.

Our Law Office can represent you in your negligence or wrongful death claim and help you recover compensation for your injuries. For the past 15 years, our emergency room malpractice lawyers have achieved major legal victories for clients who have been the victims of medical negligence and emergency room errors.

At our Law Office, we explore every legal avenue so that our clients can get the maximum compensation possible for their injuries. We do extensive preparation for emergency room error cases by researching the hospital records, consulting medical experts, and doing thorough legal research. At our firm, you can rest assured that we are doing whatever we can to provide you with the highest quality, aggressive legal representation. Our initial consultations are absolutely free, and if we take your case, you will be given your attorney’s personal phone number so that you can call him 24 hours a day, 7 days a week.

If you have suffered injury or lost a loved one because of an emergency room error, contact our Law Office today to discuss your claim with us. We will be happy to answer your questions and advise you about your legal options. Contact our office toll-free or fill out and submit our Contact Us online form to set up a free initial consultation with an experienced emergency room error attorney.

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Rollover Accidents

FREE CONSULTATIONS • CALL TOLL FREE • ¡HABLAMOS ESPAÑOL!

A rollover accident can be the result of a number of situations. For example, a T-bone collision at an intersection can knock a vehicle onto its side. A sideswipe impact that runs a car off the road can cause it to flip. However they occur, rollover accidents can cause some of the most catastrophic injuries of any type of car accident.

If you’ve been injured in a rollover accident, or if a loved one died when a car or light truck rolled over, contact our law office online or call toll-free for a free initial consultation.

THOROUGH INVESTIGATION OF EVERY PERSONAL INJURY CASE
Our attorneys personally ensure that all evidence is gathered and all witnesses are interviewed to determine the cause of the rollover accident and our client’s injuries. Our determination to ensure our clients get the medical care they need means we never settle for less money than they deserve.

GETTING YOU MAXIMUM COMPENSATION FOR SERIOUS INJURIES
Brain damage and crushing head injuries can result if the roof of the vehicle caves in during a rollover. If a passenger or driver was not wearing a seatbelt, they may be ejected from the vehicle when it rolls, causing broken bones, spinal cord injury, paralysis, or quadriplegia.

We help our injured clients access medical experts who can help them get an accurate diagnosis and the right kind of therapy to reach maximum physical recovery. Some people will never achieve full physical recovery and will need ongoing medical care or help with daily life tasks — if that happens, we will fight to make sure the compensation our clients receive covers those costs today and into the future.

Hire a lawyer you can trust to pursue fair compensation. Call our law office toll-free for a free initial consultation. You can also contact us online and we’ll get back to you shortly to discuss your car accident.

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Bicycle Accidents

People come to Texas from all over the world to enjoy our beautiful scenery and wonderful weather. It’s no wonder people like to get out and bike—yet there are very few dedicated bike paths. Most bicyclists have to risk sharing the road with cars.

For hundreds of bicyclists every year, taking that risk results in serious injury. Vehicles pull out in front of cyclists before the biker has a chance to stop. Cars hit bikers at corners when they fail to double-check that they have room to turn. Cars and trucks even run over bicyclists. For many bike riders each year, a bike ride ends in death.

Don’t let a bicycle accident derail your future. Hire an attorney with the experience and skill needed to get you the fair compensation you deserve. E-mail our Law Office or call toll-free for a free initial consultation.

Common bike accident injuries include knee and leg injuries where a car collided with the biker, collarbone and shoulder injuries if the cyclist hit the hood or windshield of a car and brain injuries caused by a cyclist being thrown into the roadway.

WHAT IF THE BIKER WASN’T WEARING A HELMET?
Under Texas law, bicyclists aren’t legally required to wear a helmet. However, if you suffered a head injury and you weren’t wearing a helmet, you could be found “comparatively negligent” for your injuries. That means that you have some degree of fault for the severity of your injury. Your final settlement could be reduced by the amount of fault assigned to you.

WHO WILL PAY THE BILLS?
If the bicyclist also owns a car — or the injured biker was a child and someone in the household owns a car and has insurance — your personal injury protection (PIP) policy on your car insurance is intended to cover your medical bills. If you do not own a car, the PIP coverage of the person who injured you typically covers your injuries.

The Dangers of Bicycling and Bike Accident Statistics

Bicycling is a great form of exercise. When you get on and begin peddling one generally thinks of the fun, the fresh air, the company, and the scenery. You might also be thinking of how many calories you’re burning and how great you’re going to look because you are performing this exercise.

One thing you are more than likely not thinking is of the danger lurking around the next corner. Bicycle accident dangers abound in today’s cities, but they could be anywhere. There are some unusual occurrences that lead to bicycle injuries but there are few injury causes that are more common.

• Drivers not paying attention to a cyclist
• Drivers failing to yield to a cyclist
• Drivers opening vehicle doors without looking first
• Commercial vehicle negligence
• Defective bicycle parts

As shown, most of the common bike accident dangers are human negligence in nature. In order for bicyclists to be truly safe, there needs to be a combination of occurrences such as better bicycling paths, improved driver’s education, and improved laws to protect the bicyclist.

Here are a few laws that currently exist in many states:

• Drivers should pass on the left side of cyclists allowing a safe distance between them
• Drivers will not park or drive in bicycle lanes
• When opening the doors of a vehicle, drivers and passengers will do so only when safe
• Drivers will exercise due care to avoid bicycle collisions
• Drivers will yield to a bicyclist making a left turn

Why is it so important to protect the cyclist? There are several reasons such as it’s a human right to be safe and protected, bicycling is a growing sport and we are likely to hear of more injuries if we don’t do something now, and the following eye-opening bicycle personal injury accident statistics:

• 846 bicyclists died in the United States in 2019
• Most bicyclist deaths in 2019 (90 percent) were those ages 20 and older.
• 2% of all 2009 traffic fatalities were bicycle deaths
• 93 bicyclists 15 years old and under killed
• 13,000 bicyclists 15 years old and under injured
• 41 years old is the average age of bicyclist death in the United States
• 31 years old is the average age of bicyclist injured in the United States
• The Consumer Product Safety Commission reports 417,485 emergency department-treated injuries associated with bicycles and bicycle accessories in 2019. This estimate includes both preventable and intentional injuries.

The numbers speak for themselves. The causes do as well. What about the cyclists? What about the injuries? These can range from mild to moderate to severe and even to death.

• Traumatic brain injuries (some recoverable, many not)
• Fractures (from simple to complex, recoverable to permanent impairment)
• Lacerations (simple cuts to major life-threatening)
• DEATH

Hire a lawyer you can trust to pursue fair compensation in a bicycle accident injury case. Call our law office toll-free for a free initial consultation. You can also contact us online and we’ll get back to you shortly to discuss your accident.

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Amputation

Tragically, car accidents or injuries from falling objects can cause serious injuries resulting in the amputation of a limb. Some common causes of injury leading to amputation include: being injured by heavy machinery, motor vehicle collisions, or having a limb crushed by a heavy object. An amputation injury lawyer can help you get the compensation you deserve for your injury.

Losing a limb in amputation can be a devastating event that inevitably changes your entire life. Normal daily activities such as walking, writing, playing sports, or taking care of oneself can become difficult or even impossible. Medical treatments and surgeries entail significant time away from work, and often the person is no longer able to fulfill his or her job duties. The result is considerably lost wages and difficulty finding a new job, which can often lead to financial hardship for the individual and for the entire family. In addition, the cost of medical treatment for an amputation injury is extremely high, and often expensive equipment, physical therapy, prosthetics, and multiple surgeries are necessary. Lastly, the injured person often must go through the pain and suffering from the initial accident itself, as well as the emotional ordeal of dealing with life and having to learn basic life skills all over again.

If you or someone you love has lost a limb in an accident due to another person’s negligence, our Law Office can help you seek justice and win compensation for your injuries. Our amputation injury attorneys have helped clients throughout Texas achieve significant legal victories after suffering the loss of a limb in a serious accident. Our office is dedicated to helping you get the maximum level of compensation for your amputation injuries. When preparing your case, we work with medical professionals, look at hospital records, and do extensive research to build the best case possible on your behalf. At our Law Office, we offer free confidential consultations where you can ask questions and consult with an experienced attorney regarding the strength of your legal claim. We believe in providing quality, personalized legal representation for each client. In every representation, we make ourselves available for our clients to call 24 hours a day, 7 days a week.

If you or a loved one has suffered a serious injury leading to amputation, contact our Law Office today for a free consultation. Our firm will guide you through the entire legal process and provide effective, compassionate representation during this challenging time. Contact our office by calling toll-free or you can fill out and submit our Contact Us online form to set up a free, confidential consultation with an experienced amputation injury lawyer. Act immediately to make sure your rights are protected.

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Premises Liability

SLIP AND FALL • TRIP AND FALL • INADEQUATE SECURITY
Property owners have the duty to make sure that their property is safe. Whether that means maintaining tight security or just keeping the floor cleared of trip hazards, any injuries caused by property conditions can be grounds for a premises liability lawsuit.

The injuries caused in premises liability cases can be disabling, traumatic, and even fatal. Make sure you find a lawyer you can trust to pursue and attain the settlement you deserve.

FREE CONSULTATIONS • ¡HABLAMOS ESPAÑOL!
For a free consultation at our Law Office, call us toll-free. You can also contact our firm online and we’ll get back to you as soon as possible.

Our attorneys have handled personal injury cases for many years. We are tenacious, reputable advocates. All clients receive their attorney’s personal cell phone number – and you can call 24 hours a day, 7 days a week.

INJURIES FROM INADEQUATE SECURITY
As the economy has tightened, the owners of apartment complexes, parking garages, and other properties have cut back on security as a way to save money. Of course, this is unacceptable – if they needed a security system before, why don’t they need one now?

There’s no real limit to the damage a criminal can do to a victim. Providing inadequate security is a blatant example of landowners putting profits before people.

“SLIP AND FALL” OR “TRIP AND FALL” ACCIDENTS
Restaurants, grocery stores, shopping malls, big-box retailers, motels … all of these places advertise to attract customers in droves. It’s their responsibility to make sure that their stores are safe. Slippery floors, poorly lit stairwells, cluttered hallways, and other hazards can endanger their customers’ health and lives.

If you’ve been injured, call toll-free for a free consultation to discuss premises liability lawsuits. You can also contact us online and we’ll respond shortly.

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Spinal Cord Injury

Spinal cord injuries are among the most serious traumatic injuries that can occur, and the consequences on your life can be devastating. An experienced spinal cord injury attorney understands the nature of these injuries and can help you get the compensation you need and deserve.

Every year in the United States, there are about 11,000 people (30 per day) who suffer a spinal cord injury. Some common causes of spinal cord injuries are motor vehicle accidents, slip and falls, sports injuries, disease, or violent acts. Injuries to the spinal cord often happen after a traumatic blow that dislocates or fractures vertebrae in the spine. Some signs of a spinal cord injury can include: loss of muscle function, severe pain in the back and neck area, numbness, spasms, reduced sexual function, and/or incontinence. Sometimes a person who has suffered a spinal cord injury does not know he or she has a permanent condition and does little to treat it. However, in the case of a spinal injury, the patient needs specialized medical treatment for a successful recovery.

Unfortunately, spinal cord injuries are serious and often result in paralysis. Paraplegia paralysis means that the paralysis is in the lower body and legs, while quadriplegia paralysis refers to paralysis in the entire area below the neck. Individuals with spinal cord injuries often never fully recover and need special assistance for the rest of their lives.

If you or someone you love has suffered a spinal cord injury due to the negligence of another, it is crucial to find an experienced personal injury attorney who can competently represent you. Our Law Office has successfully represented clients for the past 20 years. Our spinal cord injury lawyers have won significant legal victories for clients who have suffered from traumatic spinal cord injuries.

At our Law Office, we always try to obtain the maximum level of compensation possible for each client. We believe in thorough preparation and we do extensive research of hospital records and work with medical experts to build the strongest case possible. We believe in providing the highest quality, proactive legal representation for you. Our initial consultations are always free, and all of our clients receive their attorney’s personal cell phone number so that they can feel free to contact him 24 hours a day, 7 days a week throughout the representation.

If you or a loved one has suffered a spinal cord injury because of someone else’s negligence, contact our Law Office right away. You can reach our office by calling toll-free or fill out our Contact Us online form to set up a free initial consultation with an experienced spinal cord injury attorney.

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A PERSONAL INJURY ATTORNEY ON THE MEDICAL AUTHORIZATION FORM TRAP

Filing an injury claim is not like being charged with a crime. You don’t have to have a lawyer present with you during all the meetings with the insurance adjuster. However, you are absolutely entitled to have a personal injury attorney with you to make sure you’re not being subjected to stalling tactics. The popular trick used by many adjusters involves the medical authorization form. This is something that your personal injury lawyer should review before you sign on the dotted line.

The Medical Authorization Trap

When a claims adjuster requests you sign a medical authorization form, it would seem that is a standard form to fill out. However, your accident injury attorney might have a different opinion. That’s because some of these forms are “open-ended.” This means the adjuster can go on a kind of scavenger hunt looking for your medical records, whether that takes them two weeks or two years. You certainly don’t want to be waiting that long. You won’t have to when your personal injury lawyer can jump in and make sure that form has a deadline.

Your accident injury attorney might also point out that a medical authorization form provided by an adjuster allows them to search through all of your medical records. They should be reviewing the reports that are directly related to the injury for which you are filing your claim. An accident injury attorney will prevent adjusters from digging into your medical history where they don’t belong.

If you balk at signing a medical authorization form, a claims adjuster might state that you won’t get any type of payment unless you sign. An experienced personal injury attorney will know that is not always true, and in fact that the adjuster could be misrepresenting the policy.

Always Consult with Your Personal Injury Attorney

If an insurance adjuster calls you directly at any point in the claims process to ask you a question, your response should always be, “Let me talk to my accident injury attorney first.” The adjuster would prefer if you weren’t working with a lawyer so they can take advantage of your condition. Experienced lawyers with a background in accident/injury understand what you’re going through. Your attorneys should have experience in personal injury law and know all the “tricks of the trade.” Having them work on your case will bring you peace of mind, knowing things are being handled as they should. Call your legal team immediately to set up your consultation before you answer questions or fill out any forms.

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How A Split Second Incident Can Leave You Searching For Whiplash Compensation

Apparently, the term “whiplash” dates back to 1928, when it was first used to describe a neck injury to soft tissue, in other words, a strain or a sprain. It has become synonymous with automobile accidents over the years and a common result whenever you have been involved in an accident where you were rear-ended. It’s important to be able to identify these injuries even though they may not be readily apparent.

You have to be aware of any kind of neck pain and maybe spells of dizziness which may occur days or even weeks after the accident. You could experience what is known as referred pain, i.e. pain in the back as well. Other associated issues could involve short-term memory loss, problems sleeping, and general malaise.

Where am I likely to sustain a Whiplash Injury?
While it’s certainly possible for you to sustain a whiplash injury elsewhere, the majority of these incidents seem to occur during relatively low-speed accidents on the road. You may be stopped at a red light for example and the driver behind is busy texting or paying attention to something else. He or she brakes too late and runs into the back of your car. What happens next may occur in the blink of an eye, but will invariably lead to some kind of discomfort or injury and start a chain reaction of events for you which could lead to inconvenience, discomfort, specialized medical bills, and leave you out-of-pocket.

How does Whiplash Injury actually Occur?
If you imagine yourself sitting in the car with your seatbelt on, the first thing that happens when you are rear-ended in this way is that your body, not connected to the seat will move backward slightly and then forwards. Remember that your head weighs quite a lot and is not restrained like your torso may be to the seat. Consequently, it will move forward and backward quite sharply and it’s this motion that causes the whiplash injury. Basically, the muscles and ligaments in your neck are being stretched and strained as they work to ensure that your head returns to its original position.

As we said, it all happens in the blink of an eye, in the amount of time that it takes for you to realize that you’ve been hit by somebody else in the first place.

The initial reaction is one of shock, of course, and then possibly anger. You are likely to want to jump out of the car to look at the damage and to talk with the driver involved. It’s important that you are aware of how you feel at that point and if you have considerable pain in your neck then you should call for medical assistance right away. Many people don’t become instantly aware of these injuries until sometime later, but you do need to be aware of what you need to do right at that moment. In order for you to claim whiplash compensation for the injury and potential future costs, specialized medical expenses, loss of wages, or whatever you may incur, you need evidence.

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How Our Congested Roads Increase The Likelihood That You Will Have To File A Car Accident Claim

If you use a vehicle to travel a reasonable distance to work every day and may also use it to go on road trips to visit relatives or for other leisure purposes at weekends, it’s unfortunate that the odds are stacked against you. What does this mean? Sadly, the more miles that you rack up on your family car the more likely you are to be involved in an accident by the law of averages.

It doesn’t really matter whether you consider yourself, quite rightly, to be a first-class driver. You cannot always make up for the inefficiencies of the other person and you may simply be in the wrong place at the wrong time. We have seen what can happen when a driver becomes distracted by using his or her mobile phone or by texting. They say that if you’re texting whilst driving you are probably at least as impaired as a driver who has been drinking all night and then driving home.

Putting the potential risks of having a car accident into perspective
If we really sat down and thought about the potential danger we wouldn’t walk out of the house in the morning, of course. We have to go about our lives and driving is part of that for the majority of us. So long as you’re careful yourself you may well be fortunate enough not to be involved in a serious incident. However, you also need to know what to do in the event that you are.

If you’ve never done it before, you might not know how to file a car accident claim, or even be uncertain what you should do at the time of the accident. We should all know by now that it’s not prudent to claim that an accident may have been “your fault” even if you think that it is, so don’t expect the other driver to accept responsibility when he or she runs into you.

Ensure you collect evidence at the time of any accident situation as a matter of course
It goes without saying that the first priority in the immediate aftermath of an accident is to ensure that anyone who was hurt is tended to by medical professionals. In these situations, the police must always be present and you will get an official report from them. However, make sure that you get your own evidence if you can, including the names and addresses of witnesses. Pull out your mobile phone and take as many photographs as you can to document what happened as this will help you and your attorney to move ahead with your claim.

Consult with experienced attorneys in this area, if and when you’re unlucky enough to become one of those accident statistics.

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Why You Should Always Consider Seeking Car Accident Compensation

Isn’t it amazing how complicated the typical automobile is these days? In the name of progress and efficiency, we are now driving vehicles that are way beyond our average comprehension, especially when it comes to trying to fix them. The average automobile mechanic has quite an array of sophisticated tools to help them whenever something needs to be done and it’s hardly surprising that it costs so much for us to take the vehicle in for repair these days. As if the cost associated with mechanical repairs were not enough, have you seen how much it’s likely to cost you for even minor repairs in the body shop? You might think that they’re making body panels for the typical family car out of gold these days, it costs so much to repair even the minor “fender bender.”

Like so many other things in life, it seems that we cannot do without our automobiles. Many of us commute to work and find it unrealistic to rely on public transportation. Isn’t it amazing that statistics show that the majority of cars on the road during rush hour are single occupant? Hardly efficient, certainly, but it just goes to show how much we rely on these vehicles.

It is true to say that modern cars are very reliable due to technological innovation and we shouldn’t have to worry so much about unexpected breakdowns anymore. So long as we take the car in for regular maintenance we may expect them to start up upon demand each morning. Everything is fine until something unexpected happens to rob us of the use of our vehicle.
The inconveniences you may have to suffer as a result of a Car Accident can be varied
When somebody else’s negligence causes an accident involving you and your car, there are almost always significant repercussions. It doesn’t take much to cause enough damage to render your car undrivable and you may be without its use for some weeks. While you may rely on your own insurance company to commence repairs right away, repair shops can be busy and backed up. You may well have to get a replacement vehicle and worry about all kinds of issues.

Hopefully, you were not injured in any way during the accident, but if so this may open up a whole new area of problems. You may have time off work to consider, medical expenditure, home help, and so on.

Consider the full implications of claiming compensation for a car accident
Maybe you don’t have to worry about the sheer cost of repairs to your car due to assistance from the insurance, but you might have to worry about deductibles and other implications. You may have to worry about finding alternative means of traveling to work and over time these additional costs can simply add up. When the incident was caused by somebody else’s negligence, it’s only right that they should pay.

Consult with a lawyer who is experienced in car accident compensation, who will be able to tell you what you’re able to claim for and how much you should seek. This can be a complex area and it’s not a good idea to try and take on the might of the other party’s insurance company by yourself.

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PERSONAL INJURY LAW FIRM DEFINES PERSONAL INJURY

Personal Injury Claims
Generally, people file a lawsuit if they have been injured as the result of someone else’s actions, and in order to obtain compensation for their medical expenses, damages, lost wages, or other losses.

The most common personal injury cases involve automobile accidents, dog bites, and falls. But there are many other areas that are known as personal injury law.

Personal injury law is also known as tort law. A tort occurs when someone acts in a negligent manner that results in injury or damage to another.

In general, negligence is the failure to use due care. Due care is the degree of care that a reasonable and prudent person would use in similar circumstances.

In general, a plaintiff in a tort action must show a defendant was negligent to be able to recover damages. Defendants may allege that the plaintiff was negligent, and contributed to the damages suffered.

Other areas of tort law are more refined. For example, in medical malpractice actions the plaintiff must prove professional negligence; in other words, that the medical provider failed to use that degree of care that a reasonable and prudent medical provider would use under similar circumstances. There are also cases where a defendant may be liable if someone is injured absent negligent conduct by any person. Those types of cases include when a person is bitten by a dog without provocation, in defective product claims, or when persons are injured when a defendant undertakes a highly hazardous activity.

DO I HAVE A CASE?

Personal Injury Claims
A personal injury claim may be filed based upon various different types of accidents or other incidents that stem from negligence or wrongdoing. Auto accidents, including car accidents, motorcycle accidents, truck accidents, pedestrian accidents, and bicycle accidents, are the most common grounds for personal injury claims throughout the U.S. Additional types of claims may include, but are not limited to slip and fall accidents, defective products, medical malpractice, dog bites, and boating accidents. Our Personal Injury Law Firm handles all types of personal injury cases, and we offer a free initial consultation to talk about your case and how we can assist you.

CONTACT US
If you need to speak with a personal injury lawyer, contact our Law Firm to schedule a free consultation.

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ASBESTOS INJURY

Asbestos is a soft fibrous mineral used to make fireproof material and insulation. Exposure to asbestos has been linked to serious illnesses, most notably mesothelioma, cancer. Now – adult children of workers who were exposed to asbestos are becoming sick, as well.

Generally, asbestos claims are filed against the company responsible for the property where the asbestos exposure took place — an employer or a home builder. Claims seek workers’ compensation for asbestos-related injury.

As the link between asbestos and serious illness continues to emerge, more asbestos claims are finding their way to trial. Asbestos is dangerous, and if you’ve suffered health problems as a result of exposure, compensation is available.

Negative health effects as a result of asbestos exposure manifest themselves in a variety of ways. The only way to know for sure is to go see a doctor who has a thorough background in asbestos-related injury.

Our Personal Injury Law Firm understands the medical nature of asbestos claims, as well as the legal precedent set regarding similar claims. Contact us today — we’ll help determine your best route towards financial compensation.

CONTACT US
If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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INVOLVED IN A AUTO ACCIDENT?

The bureaucratic process following an auto accident can be as chaotic as the accident itself. Insurance companies, medical providers, police, and other drivers, can be difficult to deal with – having adequate legal representation can help.

Insurance companies have teams of lawyers working for them. Their goal is to limit the amount of your settlement. From lost wages to long-term medical bills, there are numerous areas of settlement that you may deserve, yet be denied.

Our Personal Injury Law Firm will help you get the largest settlement possible.

AUTOMOBILE ACCIDENT FREQUENTLY ASKED QUESTIONS
What should I do if I have been involved in a car accident?
If you have been in a car accident or any type of vehicle accident, the first thing you should do is make sure that you are okay. Get out of your car, and make sure that other passengers are able to get out. You also need to exchange information with the other driver. This includes name, address, phone number, driver’s license number, license plate number, as well as insurance carrier and number. Try to get the name, address, and phone number of any witnesses, too.

What information should I give to the other driver?
Only give the information listed above. DO NOT say anything that may imply blame. For example, don’t say, “I’m sorry, I wasn’t really paying attention,” or, “I was talking on my cell phone and didn’t see you.” Just give the driver your personal information and wait for the police to arrive.

What damages can I get from a car accident claim?
If you were not at fault for your auto accident, you may be entitled to damages beyond the repair of your car. You may also be reimbursed for medical expenses, lost earnings if you missed work, as well as compensation for pain and suffering.

Should I talk to an insurance adjuster?
Under no circumstances should you talk with anyone from the insurance industry until you speak with a car accident lawyer. If the insurance adjuster who wants to take a statement from you is from your insurance company, you may have an obligation to give them a statement. However, it is best that you speak with your lawyer before you do that. Under no circumstances should you give any kind of statement, verbal, in writing, or recorded to an insurance adjuster from the company representing the other party. You should always remember that insurance adjusters are under tremendous pressure to settle claims as quickly and as cheaply as they can. The insurance adjuster for the other party does not have your interests in mind. Often, your own insurance company will not have your interests in mind particularly if it will be necessary for you to file an insured motorist claim against them.

If you’ve been in an auto accident, be sure to document everything, sign nothing from the insurance company, and contact our Personal Injury Law Firm right away.

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DANGEROUS DRUGS

Although the FDA (Food and Drug Administration) regulates medicine and prescription drugs manufactured, distributed, and sold in the United States, it still occurs that dangerous drugs are broadly released that result in serious side effects and even death. If you or a loved one has been injured in any way as the result of a prescription or over-the-counter drug, it is important that you consult an attorney to determine whether you have grounds for a lawsuit.

A drug injury professional attorney at our Law Firm can meet with you to talk about your case. We understand that you may have suffered a serious illness that has affected many aspects of your life. Our attorneys believe in holding the responsible parties accountable for their actions in this regard, and our Law Firm also believes that the action we take now can also serve to protect others in the future.

Claims and Lawsuits from Dangerous Drugs & Side Effects
The manufacturer of the drug or perhaps the doctor who prescribed the drug to you may be held liable (legally responsible) in civil court for their actions, meaning you can recover financial compensation for medical care, lost wages, and possibly much more. All of this can allow you to rebuild your life and move on, which is usually the primary concern on our clients’ minds. Our Personal Injury Law Firm offers a free initial consultation to talk to you about what side effects you or a loved one suffered, what drug you took, who prescribed it, etc. This will give us an idea of whether you may have grounds for a lawsuit. Should we decide to move forward to pursue a claim on your behalf, we will guide you through this often complex process while providing you with personal attention and dedicated counsel.

CONTACT US
If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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HELP FOR DOG ATTACK VICTIMS

Have you been bitten or attacked by a dog? If so, you may have the right to take legal action against the owner of the dog in order to recover financial compensation that will cover your medical bills, lost wages from missed work, and possibly much more. It is important to discuss your options with our Personal Injury Law Firm that has experience with these types of cases in order to help.

Dog bites are often the result of owner negligence. Whether the result of improper restraints or the improper labeling of an area containing an animal, people are inadvertently bitten by dogs, including dogs who have never bitten anyone before. Depending on the particular situation, a dog bite may have a serious impact on a victim’s life. It may result not only in physical injury but emotional trauma as well, due to the physical pain and violence of the attack and dealing with resulting scars or disfigurement. The potential severity of a dog bite makes recovering monetary damages all the more important. Though no amount of money can erase all of the consequences of a dog attack, it can ease the trouble that a dog bite victim is experiencing financially, psychologically, and physically.

Dog Bite Attorneys
With the help of our Personal Injury Law Firm to assist you in recovering financial compensation in a dog bite claim or lawsuit, you have the opportunity to get the money that will pay your medical bills, cover future medical expenses, supplies, and medication, compensate you for lost wages if you missed work, and even cover emotional trauma and pain and suffering. With this compensation and the knowledge that justice has been served, you have that much more of an opportunity to rebuild your life and move on.

CONTACT US
If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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DRUNK DRIVERS & CAR ACCIDENTS

In the blink of an eye, a drunk driver may cause a catastrophic car accident that claims the lives of multiple people. Other drunk driving accidents may be less serious, but they will still have a profound impact on the victim’s lives. When you are involved in an auto accident of any kind, you may suffer physical injuries and may also be left dealing with an insurance claim and financial issues caused by needing to repair your vehicle, cover medical costs and make up for lost income from missed work. Our goal is to help you recover financial compensation from the drunk driver that caused your accident, in order to help you begin rebuilding and moving on with your life.

A personal injury lawyer at our Injury Law Firm can talk to you about the accident and can offer you valuable advice and information that pertains to your legal rights, the value of your claim, and what you can do at this point to positively impact your case. Our Personal Injury Law Firm understands that you are going through a difficult time and would like to offer you the support you need to resolve the matter as swiftly and with the least amount of turmoil possible.

CONTACT A PERSONAL INJURY LAWYER TODAY

Drunk Driving Accident Attorneys
A driver who is drunk or who is under the influence of a controlled substance, including illegal street drugs or even prescription or over-the-counter drugs will have impaired abilities. He or she may drive erratically, aggressively, or carelessly and may have impaired motor and mental function as well as a delayed reaction time. All of these factors make involvement in an accident a probability. If a drunk driver caused a car accident that left you or a loved one injured, contact our Personal Injury Law Firm. We can help you take legal action to seek justice against the responsible driver.

CONTACT US
If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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WRONG MEDICATION OR WRONG DOSE?

In situations where a doctor, nurse, or pharmacist makes an error when prescribing, administering, or dispensing medication to a patient, the results may be very serious. The wrong medication or wrong dose may cause a patient to suffer serious side effects or even become catastrophically injured. In situations where a medication error of this kind is caused by negligence or wrongdoing on the part of a medical professional, the injured patient may be able to file a medical malpractice claim. This would give the victim the opportunity to hold the doctor or nurse responsible for their carelessness.

To find out more about filing a claim or lawsuit for a medication error, don’t hesitate to contact an attorney at our law firm as soon as possible. We represent victims and families of victims of medication errors throughout Texas. We offer a free consultation to help you get started in receiving the legal guidance you need, and our Law Firm is committed to client service and aggressive representation every single step of the way.

ABOUT MEDICATION ERRORS

A medication error may occur in different situations and may be committed by different professionals in the field of medicine. Essentially, a medication error would involve any case where a patient received the wrong medicine, the right medicine in the wrong dosage amount, or perhaps medication to which the patient has a known allergy. Following are a few potential examples of medication errors:

A doctor misdiagnoses a patient and prescribes a medication that does not treat his or her illness.
A nurse accidentally administers the wrong medication to a patient.
A doctor prescribes the right medication but in the wrong dose.
A pharmacist is careless and fills a patient’s prescription with the wrong medication.
A pharmacist or doctor gives a patient the wrong instructions regarding taking a medication.
To exercise your right to legal action after a medication error of any kind, contact our Personal Injury Law Firm today!

CONTACT US
If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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PERSONAL INJURY LAW FIRM – DEDICATED TO HELPING VICTIMS OF MOTORCYCLE ACCIDENTS

Have you been involved in a motorcycle accident? If so, an experienced lawyer at our Personal Injury Law Firm may be able to help you take legal action and seek financial compensation for your injuries, damage to your bike, and possibly more. As the victim of a motorcycle accident, you may have suffered serious physical injuries and may now be dealing with various issues caused by post-accident expenses. You may have missed work and therefore may have lost earnings that you simply could not afford to lose. Recovering monetary damages may grant you the opportunity to ensure all of these costs are covered. It is true that no amount of money could possibly make up for what you have experienced and may have to endure in the future, but it can help you build a more stable life for you and your family. Holding the responsible party accountable may also bring you peace of mind in an otherwise strenuous time.

For years, the attorneys at our Personal Injury Law Firm have represented all types of accident and injury victims throughout Texas, taking care to provide only the highest quality legal counsel and personalized attention every step of the way. Our lawyers are highly experienced and are dedicated to our clients, offering compassionate guidance and an honest approach that keeps our clients fully informed every step of the way. If you are looking to work with a motorcycle accident attorney who can provide you with the level of legal representation you need as well as the service you deserve, you have come to the right place.

We handle all types of motorcycle accidents including sport bike accidents, cruiser accidents, and drunk driving accidents. Our Personal Injury Law Firm will also work to help get you the most compensation for injuries sustained in a motorcycle accident including catastrophic injuries, traumatic brain injuries, spinal cord injuries, and wrongful death claims. No matter the specific circumstances of your accident and even if you think you may have been partially or wholly at fault, we can get involved and work to determine whether you were actually to blame or if another person or party should be held accountable. There are many different potential causes of motorcycle accidents, and with our experience in handling these we will fully investigate your case to determine its cause and who should be held responsible. It may be that another driver simply “didn’t see you” or that a defective motorcycle part caused the accident. Your motorcycle accident lawyer at our Law Firm will take the time to determine exactly what was involved with your crash in order to protect your legal rights to the fullest extent of the law.

Motorcycle Injury Lawyers Serving Texas
The injuries sustained in a motorcycle accident are most often serious, typically to the rider of the motorcycle rather than the occupants of the other vehicle. The rule of thumb in any traffic accident is that a vehicle of a smaller size and weight will sustain more damage, and for a motorcycle, this means that the rider or riders will often experience the brunt of that damage. Injuries from a motorcycle accident may affect one’s ability to work and overall quality of life, leading to extensive emotional trauma as well as financial difficulties, only compounded by the stress of having been involved in the accident itself.

Fortunately, an experienced attorney can help you rebuild and recover after sustaining a catastrophic injury in a motorcycle accident. By bringing a lawsuit against the driver or whatever other party may have caused the accident, our Personal Injury Law Firm can seek financial compensation for medical care, loss of earnings, emotional trauma, future loss of earnings, future medical care, and possibly much more. You can start moving on with your life; it starts with involving an attorney.

AFTER A MOTORCYCLE ACCIDENT

Although the specific actions you should take after a motorcycle accident will vary depending on the particular situation, there are basic actions that you can take if you are involved in an accident of this kind.

First and foremost, it is important that you remain at the scene. You will need to report the accident and take other actions, and leaving the scene of a motorcycle accident is actually a criminal offense in Texas.
Assist anyone who has been injured, which is more than likely in a motorcycle accident.
Make sure you call 911 so the incident is reported to the proper authorities, who will most likely arrive at the scene if someone is injured.
Exchange driver and insurance information with the other driver or drivers who were involved in the accident with you. This is also a requirement under Texas law, just as it is to remain at the scene.
Seek medical care even if you feel that you are not seriously injured, as at times injures may present themselves in hours or even days.
If possible, take pictures at the scene and get the information of any witnesses who saw what occurred.
Take notes of everything you recall, and keep detailed records of any treatment you receive or work you miss.
Report the accident to your insurance company.
If the other driver’s insurance company approaches you or calls you in order to get a statement, refrain from signing anything or making a formal statement. They will most likely only be attempting to get you to say or do something that will limit their client’s liability.
One of the most important steps to take after a motorcycle accident of any kind is to contact a motorcycle accident lawyer as soon as possible. Involving our Personal Injury Law Firm early in the process may go a long way in enhancing your ability to reach a positive outcome.

TYPES OF MOTORCYCLE ACCIDENTS

There are numerous different types of motorcycle accidents that a motorcyclist or other motorist may be involved in. At our Personal Injury Law Firm, we handle all types of motorcycle accident claims throughout Texas, taking care to provide only the highest quality legal counsel and dedicated representation every step of the way. Following are some of the types of cases that a motorcycle accident attorney at our firm can handle:

Unsafe lane changes
Drunk driving accidents
Left-turn collisions
Head-on collisions
Rear-end collisions
Multi-vehicle accidents
Single-vehicle accidents
Broadside collisions
Accidents from defective motorcycle or auto parts
Accidents involving drivers who are speeding or racing
Motorcycle-truck accidents
Red light and intersection accidents
Parking lot accidents

There is truly no type of motorcycle accident case that our Personal Injury Law Firm is not equipped to handle. No two accidents are exactly the same, and as such our approach will always be tailor-made to your particular case. Whether your accident was relatively minor or was serious and resulted in catastrophic injuries, an attorney at our Personal Injury Law Firm can meet with you to discuss your options and how we can help.

CONTACT A MOTORCYCLE ACCIDENT LAWYER
If you would like more information about how a lawyer can assist you in reaching a positive case outcome and recovering the money you need to recover and move on, do not hesitate to contact us for your complimentary initial consultation.

If you need to speak with a personal injury lawyer, contact our Personal Injury Law Firm to schedule a free consultation.

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Surgical Errors

Surgeons have a professional responsibility to act with a certain level of care for a patient. If they fall below that standard of care, the surgeon becomes liable for all injury and damages that occur due to their neglect.

Unfortunately, errors during surgery are not uncommon. They may include any one or more of the following common errors:

Forgetting equipment such as sponges or other tools in a patient
Failing to make the correct incisions
Performing unnecessary procedures
Damaging nerves
Failing to properly monitor the patient during surgery
Over sedating patients or committing other anesthesia errors
Only an attorney can tell you whether any of the above failures are cause for a medical malpractice lawsuit.

Elements of a Surgical Malpractice Lawsuit

Malpractice lawsuits for surgical negligence are made under tort law (personal injury). A victim of malpractice must prove the following elements in order to be entitled to monetary damages for a malpractice case:

A reasonably competent surgeon in your surgeon’s practice field would not have made the error that your surgeon made.
The error was the actual cause and proximate cause of your injury or harm. Proximate cause means there was no intervening force or act that was the reason behind your harm.
You experienced actual injury, for which you deserve compensation under the law.

Damages in Surgical Errors Lawsuits

There are usually three types of damages that victims of malpractice or their survivors can recover in a surgical malpractice lawsuit: noneconomic damages, economic damages, and punitive damages. Noneconomic damages are damages that account for suffering and loss of enjoyment that is hard to quantify in numbers. This includes pain and suffering, loss of enjoyment, and loss of consortium for the surviving family if the victim died (or can no longer engage in certain activities). Noneconomic damages are subject to Texas’ non-economic damages cap of $250,000.

Economic damages are damages that are usually quantifiable, these can include medical expenses, projected future medical expenses, expenses for in-home care, and a percentage of lost wages and future lost wages. Economic damages are not subject to caps.

In egregious cases of malpractice, a victim may also be able to recover punitive damages. These damages are not designed to compensate you, but rather are designed to punish the wrongdoer. Punitive damages are generally reserved for extraordinarily wrongful malpractice because eligibility to receive punitive damages is much harder to prove and typically requires grossly negligent behavior or international wrongs.

Contact a Surgical Errors Attorney

Call us toll-free to schedule a free consultation with a surgical errors lawyer at our Law Office.

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Defective Tires

Tire tread problems and other tire defects can cause catastrophic tire failure. Some manufacturers understand this risk but attempt to cut costs by manufacturing low-quality tires or rims. Fortunately, the manufacturers and others involved in the sale or maintenance of defective tires can be held financially responsible when injury or death results from the defective tire.

Back in 2000, after the well-known case of the Firestone tire defects became public knowledge, Congress acted to make more stringent manufacturing requirements for consumer tires. This has increased the potential for liability for tire manufactures.

Tread-belt separation is the most pervasive of tire defects for passenger cars and light-duty trucks, with steel belt radial tires. These are also often the most destructive types of defects because when separation occurs vehicles can become uncontrollable, even for the most experienced of drivers. Tread-belt separation often causes a situation worse than a blowout or flat at highway level speeds; this is because the tread completely separates, exposing the lower belt directly to the road. This causes a dramatic shift of the vehicle to the side of the defective tire. In many instances the tread or belt that separated can wrap around other vehicle parts, which can make the vehicle behave even more erratically. These types of defects can cause rollovers in vehicles with a high center of gravity, such as SUVs.

Many design features can reduce the likelihood that the tread will separate. An effective inner liner of the tire will prevent the movement of air that could make the tread more susceptible to damage due to oxidation. The design of the steel belt edge can affect tread durability. If the belt is not cut at the appropriate size it can scrape away the rubber components of the tire. A belt wedge or cushion can also significantly improve the safety of a belt. Unfortunately, many manufacturers opt not to install cushions or reduce the size of their products, in order to cut costs.

If you have been harmed due to defective tires, contact a defective tire attorney to explain your legal options. You may be eligible to receive a lawsuit or settlement from those responsible for the sale or design of the tires. To learn more contact the tire defect lawyers at our Law Office. Call us toll-free today.

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Defective Toys

Texas law requires that manufacturers, distributors, and retailers be held strictly liable when defective products injure consumers. Products designed for children are no exception. Toy and children’s product manufacturers make billions of dollars each year off consumer sales, however in return, they are expected to make safe products for vulnerable children and compensate victims when they fail this duty.

Although the U.S. Consumer Product Safety Commission has in recent years increased the number of children’s products it has recalled, the number of injuries and deaths of minors due to defective products has not declined as steadily. One major reason for this is because of hard-line cost-cutting measures that require manufacturers to make the lowest cost item possible in an extremely competitive global marketplace. Unfortunately, this means that all too often corners are cut, and hazards are ignored.

Some examples of defective products that harm children include:

Poorly designed cribs, bassinets, and mattresses
Toys with sharp moving parts
Defective playpens
Car seats that malfunction with normal use
Clothing made of flammable material
Some of the most prevalent types of injury include:

Head injury
Asphyxiation
Lacerations
Injury to limbs and other body parts

Victims of products liability cases are eligible to have medical expenses paid for, damages for pain and suffering, and other types of special damages.

If your loved one was harmed by a defective product, do not just allow your medical bills to pile up. Find out whether you are entitled to a products liability lawsuit or settlement by contacting a products liability attorney. Call our Law Office today. Our products liability lawyers specialize in lawsuits involving defective toys and children’s products. Schedule a free consultation with an experienced attorney by calling us today.

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Medical Malpractice

Between 44,000 and 98,000 Americans die in hospitals each year due to preventable medical errors.

According to a recent study from the National Academy’s Institute of Medicine, each year more people die from medical errors than from motor vehicle accidents (43,458), breast cancer (42,297), or AIDS (16,516). Total national costs (lost income, lost household production, disability, and health care costs) for medical errors are estimated to be between $17 billion and $29 billion per year. The emotional and personal toll that medical malpractice takes upon a family is immeasurable.

Our Law Firm is prepared to evaluate your potential medical malpractice case. This typically involves a review of the medical records associated with the medical care as well as the involvement of an expert witness to determine whether malpractice occurred. We are extremely selective in the medical malpractice cases that we agree to handle. Medical malpractice cases are complex, expensive, and require countless hours of investigation. The claims must be supported by expert testimony. Despite what is portrayed in the media, medical malpractice cases are difficult to win on behalf of plaintiffs. One recent study of jury verdicts in medical malpractice cases found that 23% of patients win their cases before juries. For these reasons our office carefully screens and selects those medical malpractice cases that we believe are compelling and likely to succeed. The medical malpractice cases our office accepts are limited to those involving death or catastrophic injury. For those cases that merit litigation, our office has the experience and resources necessary to successfully prosecute your claim.

If you believe you have been the victim of medical negligence, please contact our office today for a free case evaluation.

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MEDICAL MALPRACTICE ATTORNEYS

While there are many medical malpractice lawyers, our Law Office is an especially good choice when it comes to selecting someone to examine the legal issues which can arise in the prosecution of your medical malpractice claim. The term “medical malpractice” refers to the negligence of a doctor, health care professional, or hospital. Medical malpractice occurs when a doctor, health care professional, or hospital, does something that he/she/it should not have– something that a reasonably prudent doctor, health care professional, or hospital, would not do under the same circumstances. If a doctor or hospital has deviated or departed from accepted standards of practice in their medical community, then errors in standards of care (resulting in personal injury) may have occurred. However, because medical malpractice and personal injury law recognize that there are differences in the abilities of doctors, a doctor is not required to have the extraordinary knowledge and ability that belongs to a few doctors of exceptional ability. It is also true that a bad result to the patient, by itself, does not make the doctor liable. The doctor is liable under the law only if he/she commits negligence. Notwithstanding the above malpractice legal standards, a doctor is still required to keep reasonably informed of new developments in his/her field of medicine or surgery. Similarly, the law requires a doctor to use his/her best judgment and whatever superior knowledge and skill he/she possesses, even if that knowledge and skill exceeds that of the average doctor or specialist.

Because these same legal issues are only some of the many complexities often part of a malpractice case, we as experienced malpractice attorneys, have a team of doctors, nurses, and other health care professionals with whom we will consult about your case. In fact, among our first steps taken on your behalf will be the review of all relevant and available records with our knowledgeable team. This first step is crucial as it is part of a thorough evaluation of your medical malpractice case and will among other things give us an indication of its: overall merit, monetary value, and likelihood of success at trial.

It is also true that even our “of counsel” attorneys have a great deal of courtroom experience with various legal issues arising out of medical malpractice cases. Accordingly, if your case involves the negligence of a hospital, doctor, or other health care professional, (or whether it involves a wrongful death or another type of serious personal injury), we are well equipped to prosecute your case. As trial lawyers, we also recognize the importance of all the ethical rules which lawyers are obligated to follow.

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Practice Areas

Our Law Firm represents people and the families of people who have been seriously injured or killed as a result of the negligent or wrongful conduct of others in the state of Texas. Our clients have received their injuries or have lost their loved ones in all types of situations including medical malpractice, nursing home abuse, vehicle accidents, construction site accidents, equipment-related injuries, harm from dangerous drugs, and all other dangerous practices or situations that result in injury to a person.

We have years of experience dealing with cases in the personal injury field. We understand how insurance companies and lawyers for the defense side work. Insurance companies, in particular, are interested in minimizing their economic exposure whenever a serious injury or death has occurred. To do so, they hire attorneys whose job it is to aggressively undermine each aspect of your case. But we know their tactics and can anticipate their moves. We get each case ready to go to trial, and the opposing attorneys know that we will take your case all the way through a jury trial if we need to in order to get the best possible result for you. We often are able to negotiate generous settlements as a result, as there are many cases that the insurance companies do not want to take to trial. We will always act in your best interests and with your full knowledge and consent, but we can often get great settlements and avoid putting you through a trial altogether.

If you have suffered a serious personal injury or a loved one has been killed through the negligence or wrongful conduct of another, contact us to set up a free initial consultation. Let us show you how our experience and dedication can work for you. And remember that unless and until we recover money damages for you, you will not pay us anything.

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Nursing Home Negligence/Abuse

A nursing home is a facility that provides skilled nursing care and related services for residents who require that level of care; rehabilitation services for injured, disabled, or sick people; and health-related care and services, above the level of mere room and board that can be made available through institutional facilities.

Although this type of care, by its very nature, substantially limits a person’s lifestyle and scope of privacy, you should still expect high-quality, compassionate, and dignified care from a nursing facility. And these expectations are guaranteed by various state and federal laws.

Sadly, a number of nursing facilities neglect or even abuse their patients. This is often a combination of lack of money, which limits the quality of the help that can be hired, and a general feeling that the patients are not going to be able to complain anyhow. This attitude is disgusting, however, in that these facilities are dealing with some of society’s most vulnerable people who deserve the best possible care simply because they are in no position to complain. Nonetheless, elder abuse and nursing home neglect are more common than we want to think.

If you have a senior citizen in a nursing home and you notice any of the following signs, your loved one may be suffering from neglect or abuse:

Malnutrition
Dehydration
Pressure sores/bed sores
Dry skin
Chapped lips
Unexplained weight loss
Inability to eat
Infections that do not heal
Falls and broken bones
Excessive bruising
Verbal abuse
Physical abuse

You need to contact an experienced attorney right away for several reasons. First, complaints must be made to the appropriate authorities to protect your loved one as well as every other resident in the facility. Second, immediate steps must be taken to ensure that your loved one is quickly put in a place of safety. And third, your loved one deserves money damages for the injuries he or she has suffered, and the nursing facility needs to be held liable for these injuries.

Contact us immediately if you have any suspicion that your loved one is suffering abuse or neglect at his or her nursing facility. We will immediately check into the situation and take all appropriate steps to remedy the urgent situation and begin the process of compensating your loved one for his or her injuries. Let our knowledgeable and compassionate attorneys go to work on your loved one’s behalf.

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Brain Injuries

Traumatic brain injuries can occur in any type of accident that involves head trauma. Car and motorcycle accidents, construction accidents, slip and fall cases, birth injury cases, premises liability – all these and more can result in a head injury.

The long-term effects of a head injury, anything from a concussion to a skull fracture, can be wide-ranging and difficult to determine. Two people who appear to have suffered the same type and severity of injury in the same location will react to the injury in vastly different ways, any of which can change their lives. While most people associate coma and severe loss of function with traumatic brain injury, or TBI, other consequences can include loss of short-term or long-term memory, changes in temperament and mood swings, loss of fine motor skills, insomnia, and inability to remember family and friends. Other neurological disorders that show up later in life may also be related to the TBI.

If you or a loved one has suffered a traumatic brain injury due to the actions or negligence of another, you need the help of experienced attorneys to receive compensation for the injury, including money to help with any long-term care or rehabilitation expenses. Our Law Firm has experience dealing with head injuries and can help you or your loved one get the compensation that is needed to deal with pain and suffering, long-term rehabilitation and retraining, care, and unpaid medical expenses.

We can help you get the compensation you deserve. We handle traumatic brain injury cases throughout the state of Texas. You won’t pay a thing until you recover money damages. Contact us to set up a free initial consultation. Let us show you what we can do for you.

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Spinal Injuries

Spinal and cervical injuries almost always have serious, life-changing consequences. Some type of paralysis is generally involved, ranging from paraplegia and quadriplegia to weakness on one side or loss of fine motor skills. In many cases, a person may have to train for a different job after suffering a spinal cord injury and may be unable to enjoy activities that were a part of his or her life before the injury. Long-term care may be required and some medical expenses may not be covered by insurance.

Our Law Firm has helped many victims of spinal injuries recover the money needed to compensate them for past and future expenses related to their injury, including rehabilitation, retraining for a new career, and long-term medical care. Our in-depth experience allows us to explore different theories of liability and recovery, to maximize the potential amount of damages received by our clients. We take every case as though it were going to trial, lining up experts to talk about the medical aspects of your case as well as the long-term life issues. However, we also participate in settlement negotiations to see if there is a better way to get the money you need. At all times, we keep your best interests as the top priority.

If you have suffered a serious spinal injury, contact us to set up a free initial consultation about your case. We will discuss your case and what our experienced, dedicated attorneys can do for you. And you won’t pay us a thing until you recover money damages in your case.

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Insurance Coverage Claims and Bad Faith

You pay your insurance premiums faithfully, making sure that your home or automobile is covered adequately. But sometimes when you put in a claim, the insurance company violates the principles governing insurance laws and regulations and wrongfully denies your claim, delays in making a decision or in paying a claim, or requires unreasonable actions or documentation on your part to prove a claim.

When this happens, you need aggressive attorneys who are accustomed to dealing with insurance companies to take your side. The insurance companies have entire legal departments who will try to put you off as long as possible – but once you have your own attorney, especially one with a reputation for taking cases to trial and winning, they are more willing to back down. Our attorneys have that reputation. We know how the insurance companies work and we know how to have them honor the policies they have sold. In some cases, if the insurance company has been engaged in a pattern of unreasonably holding up payment of claims, we may be able to recover punitive damages as well.

We have handled insurance company cases throughout the state of Texas. We can help you with your insurance company problem as well. Contact us to set up a free initial consultation. We will examine whatever correspondence you have received from your insurance company and assess how your case might proceed. Then, if you decide to let us help you with your dispute against your insurance company, you will not pay us anything until we recover money damages for you.

Let us show you how our experience with insurance companies can work to your benefit.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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