Dental Malpractice
Attorney Discusses Dental Malpractice

When most people hear the term “medical malpractice” they immediately think of accidents that involve doctors or surgeons. While these medical professionals indeed do account for many medical malpractice cases, they certainly still only account for a portion of all the cases initiated each year.

Negligent dentists can also be sued for causing injuries to their patients. In fact, not only can a dentist be held liable but so can any person working in a dentist’s office who shares liability for causing a patient injury. This can include the dental hygienist, dental assistant, anesthesiologist, oral surgeon, or pharmacist, basically, anyone responsible for causing harm to you or to a loved one.

The attorneys at our Law Office have had over two decades litigating medical malpractice cases. We have written this brief article to review for you the basics of dental malpractice law and to discuss your legal rights.

What Are the Main Causes of Dental Malpractice?
While there are a wide variety of reasons that may cause dental malpractice, here is a list of some of the more common ones:

The correct treatment is not provided by the dentist in a fast enough time.
A dental professional incorrectly diagnoses a medical condition.
A necessary follow-up exam is not provided.
Errors are made in prescribing medications.
If these or other types of errors have occurred and injuries have consequently resulted, a dental malpractice lawsuit may be filed against the negligent parties. Because there may be more, less obvious causes for a dental accident and because these cases are technically complicated and full of medical jargon, it is wise for a victim to contact an experienced attorney, such as the lawyers at our Law Office. We have the experience and the knowledge to overcome the many challenges present in these types of cases.

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How To Prove a Dental Malpractice Lawsuit
In order to win a dental malpractice case, you must be able to prove that four different events occurred.

The defendant violated a legal duty that was owed to the plaintiff. To put this more simply, the dentist owed you the legal duty not to cause you any harm. He or she then violated that legal duty by causing you an injury.
The defendant did not live up to a reasonable standard of care in his treatment plan. This standard of care is established by other similar medical professionals. In this case by other dentists engaged in similar types of dental practice.
Your injury was directly caused by the negligence of the defendant.
Your injury resulted in damages. Damages may include medical or dental bills, lost wages because of hospitalization or inability to work, loss of future potential earnings, and compensation for pain and suffering. In other words, let’s say that a dentist broke your jaw during a standard procedure. The injury would be the broken jaw, while the damages would be the financial losses that you incurred because of that broken jaw.

Expert Testimony for your Case
Since dental malpractice cases involve so much complicated technical and medical issues and terminology, there is often a need to bring in what is referred to as “expert medical witnesses.” These are dental professionals with outstanding credentials and resumes who can testify on your behalf and who can explain the cause and type of injuries that you suffered in clear, easy-to-understand language to the judge and the jury. It can be, however, very difficult for some law firms to locate and procure these types of witnesses; many times a dental professional will be reluctant to testify against another dental professional. The attorneys at our Law Office have been litigating these types of cases for over two decades and we have built up excellent relationships during that time with dental expert witnesses throughout Texas.

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Tort Reform and Medical Malpractice Lawsuits

Recent legislative changes have made things even more difficult for those injured by a dentist to receive fair compensation for their injuries. Ostensibly passed in order to protect doctors and dentists from frivolous lawsuits, these tort reforms have raised the standard of proof very high. If one piece of corroborative evidence is missing in a case, or if the new procedures are not followed exactly, there is a good chance that the case will simply be tossed out. This is no arena for the novice lawyer let alone for a non-attorney even thinking of attempting self-representation. In fact, many law firms consequently will not even take on these complex cases today. The attorneys at our Law Office are different. Our Law Firm believes that anyone who has been injured because of dental malpractice deserves to seek fair and full compensation from those liable for the injuries. We know how to procure expert witness testimony and we know our way around all the new tort reforms. Put our knowledge and expertise to work for you!

How We Can Help You
The attorneys at our Law Office have been successfully litigating dental malpractice lawsuits for over 20 years. During that period of time, we have won millions of dollars for our Texas clients from major insurers nationally. These huge insurance companies are only too well aware of our outstanding reputation and today are often eager to seek to settle out of court rather than face our aggressive and tenacious attorneys in front of a jury. This can be beneficial to you since it will cut down the amount of time that you will be involved in the whole legal process and also can mean receiving your settlement more rapidly. This, in turn, will allow you to return to your regular way of life more rapidly.

If you or a family member has been injured in a dental accident contact the attorneys at our Law Office toll-free. We are pleased to offer a free consultation and we are available 24 hours a day. We look forward to discussing your case with you and to answering all of your questions.

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Nursing Home Abuse Attorney
Need An Attorney Experienced in Nursing Home Abuse?

As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real-life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.

These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. As much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.

If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys. Call us for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and daycare centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of the medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.

Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.

For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. But statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys for a free consultation.

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When nursing homes became popular some forty years ago, they were not state-regulated and prospective employees were not screened. As more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also, resumes help to hire managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.

As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision-making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.

The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:

Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. That has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.

If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call the Law Office of our Nursing Home Abuse Attorneys as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.

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Nursing Home Abuse at Its Worse

The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do its part to let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive the offending nursing home employee or employees could face criminal and civil charges.

The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence are a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.

Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits which were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. We are good at what they do best which is to use the law and their investigative skills to uncover the truth.

Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our office. The call is free as is the initial legal consultation.

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The Informed Consent Document
Texas Medical Malpractice Lawyer, Discusses Informed Consent & Medical Malpractice

Many victims who have been injured due to the negligence of a medical professional worry that they will not be able to seek compensation since they signed an informed consent document. Thankfully, this is not necessarily the case (though medical professionals or insurance companies may lead you to believe that it is in an attempt to avoid paying you).

It may appear that the purpose of the informed consent document is to inform patients about procedures, but their true purpose is to protect healthcare providers from accepting legal responsibility for their mistakes. In many situations, you can still seek compensation, even if you signed an informed consent document. The Texas medical malpractice lawyers from our Law Office are here to tell you how informed consent documents work, and how you can seek compensation if you have signed one.

The Specifics of the Informed Consent Document
Medical professionals will typically make you sign an informed consent document before any medical procedure, whether it is a course of treatment, medication, or surgery. A typical informed consent document includes the following features:

A basic description of the medical condition that the proposed procedure is supposed to treat.
A description of the general purpose of the proposed procedure.
A description of the procedure itself, including any potential adverse reactions or side effects.
Information about any known risks associated with the procedure, including:
Pre-existing conditions might make the proposed procedure more dangerous for a specific patient.
The possible benefits that could result from the procedure.
A description of any existing alternatives to the procedure, including their benefits, risks, and possible side effects.
Information about health problems that could arise should the patient elect not to undergo the proposed procedure.
Disclosure of the fact that the procedure might have some unforeseen and unforeseeable risks.
An acknowledgment that the patient can choose not to undergo the procedure now or at any time in the future.
Acknowledgment that choosing not to undergo the procedure does not void the patient’s right to continue receiving current medical treatment or to receive additional medical treatment in the future.
Simply put, the informed consent document should attempt to give the patient enough information to make an informed decision as to whether or not to undergo the proposed medication schedule, surgery, or other treatment.

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Misdiagnosis & Failure to Diagnose
Can I File a Medical Malpractice Lawsuit in Texas for Misdiagnosis or Failure to Diagnose?

Every year, hundreds and thousands of patients visit their doctors in order to do their routine medical checkups or visit their doctors when they are sick or not feeling well. Everyone puts a lot of trust in their family doctor. However, doctors, just like anybody else, can make mistakes.

They can even make medical mistakes. The sad fact is that medical mistakes can be quite costly and have devastating effects on a patient. Every year, medical mistakes injure hundreds of thousands of patients. Improper diagnosis of medical conditions is a leading cause of medical mistakes. Misdiagnosis & failure to diagnose certain medical conditions can lead to severe injury or death of a patient. Many people visit their doctors in order to get better and relief from their pain or injuries. When a medical condition is misdiagnosed or not even found, then a lot of people will suffer in the end. Such “misdiagnosis” is also grounds for a medical malpractice lawsuit.

If you or a loved one has suffered injury or been hurt due to a misdiagnosis of your medical condition by your doctor, then know that help is available. You may be able to seek compensation for your misdiagnosis with a medical malpractice claim. However, pursuing a medical malpractice claim is no easy matter. It is extremely complex. That is why you need to work with an experienced medical malpractice attorney such as the attorneys of our Law Office. Our legal team will educate you on the laws regarding misdiagnosis and present you with options for seeking financial restitution.

There are many reasons why misdiagnosis occurs.

Misdiagnosis can happen because of a doctor’s error in judgment.
A delayed diagnosis by a doctor can occur which results in the patient’s condition becoming too severe to treat.
A doctor does not do the work necessary and fails to consider every possible evidence and scenario before making a diagnosis. (When a general doctor fails to consult with a specialist before being able to diagnosis which involves a special condition).
Texas law requires medical doctors to diagnose a patient’s condition in a correct time frame and then be able to help that patient overcome their condition. If a doctor is unable to diagnose their patient’s medical condition, then they must refer their patient to a specialist who is able to diagnose the condition. In addition, physicians must be able to look over a patient’s medical history and chart in order to understand their current medical condition and then be able to make a diagnosis. If a doctor fails to follow these standard procedures, then he or she can become liable. Doctors must be able to exhaust every possibility so that they can diagnose their patient’s medical conditions and be able to help them recover and heal.

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When physicians do not do their jobs properly and do not exhaust all resources to find out what’s wrong with their patients and why their patient is ill, they are in trouble. If the patient suffers because they experienced a misdiagnosis & failure to diagnose from their doctor, then the patient has the right to seek a medical malpractice claim. However, if you have been through this or are currently experiencing this, then don’t expect your doctor to agree with your assessment and offer you compensation. Medical malpractice lawsuits are just as complex as personal injury lawsuits in Texas. They come with a lot of technical jargon, legal pitfalls, and a lot of red tape. Non-lawyers and people with no legal background do not have a chance of being successful with medical malpractice lawsuits. They stand no chance because they will be facing seasoned and aggressive defense attorneys who will make their life a living hell by doing everything they can to deny their claim. Also, novice lawyers will have a hard time as well defending their case in court because they will have a hard time understanding the complex legal terms involving medical malpractice claims. Medical malpractice claims are harder to litigate today because of tort reform. Tort reform was initiated by insurance company lobbyists in Austin who raised the standard of proof needed in medical malpractice lawsuits and created a whole lot of procedural obstacles that benefit the defense attorneys. Tort reform was created because there were so many bogus lawsuits against the medical profession that the money people were asking for was enormous. In order to succeed with a medical malpractice claim, you must be able to prove very specific conditions so that your case can be successful and you can seek the financial compensation you deserve. Most of the non-lawyers are not aware of the conditions set by the tort reform law and therefore are unable to meet those conditions. In addition, you need to work with a reputable law firm that is experienced in these matters so that they can find you the expert witnesses to turn the tide in your favor. Our Law Office brings you 20 years of experience litigating medical malpractice lawsuits with success. In our 20 years of law, we have never heard of anyone who was successful in representing themselves in a medical malpractice lawsuit.

At Our Law Office, our attorneys are medical malpractice specialists. We can help build a strong case for you with strong evidence that your doctor was negligent by misdiagnosing & failure to diagnose your medical condition. We are able to provide the high standard of proof that is required by law in medical malpractice lawsuits. For the past 20 years, the attorneys at our Law Office have litigated hundreds of cases and have compiled a massive amount of knowledge on medical malpractice law. We know what it takes to win these types of cases and also understand the procedures involved in medical malpractice cases. At our Law Office, our attorneys have successfully battled and resolved medical malpractice cases against every major insurance company in the nation. We have obtained millions of dollars for our clients as a result. We are not afraid of any aggressive insurance company that will try to do everything they can to deny your claim. When other law firms back down on taking cases involving medical malpractice, our firm will not back down in helping you. At our Law Office, the attorneys are devoted to helping injured Texans receive the financial compensation they deserved for being misdiagnosed & failure to diagnose by their doctors which led to their injuries. Insurance companies respect our name due to our past success in litigating medical malpractice claims. Due to our reputable reputation, insurance companies will often settle with us and our clients for a fair amount so that they can avoid a lengthy and costly court trial. If you or a loved one were injured due to a misdiagnosis & failure to diagnose by your physician, then call our Law Office today for a toll-free consultation. Our staff is standing by waiting to answer any questions you may have concerning your condition. By calling us, we will be able to present you with the various legal options needed in order for you to make the right decision. Call us now and find out how we can help you recover from your injuries associated with being misdiagnosed or not being diagnosed by your doctor. At our Law Office, we care.

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Nursing Malpractice Lawyer
Medical Malpractice Lawyer on Nursing Malpractice Lawsuits

Did you know that besides physicians and surgeons, medical malpractice lawsuits can be filed against other health care professionals as well? It seems the vast majority of media coverage for medical malpractice focuses on physicians and surgeons, yet lawsuits against dentists, psychologists, nurses, therapists, anesthesiologists, chiropractors, and other medical care professionals can surface if negligent care is provided.

Nowadays, in this high-tech medical industry, nurses carry far greater responsibilities for patient care than in years past, and even though the majority are highly skilled professionals, instances of neglectful care and sometimes even gross negligence can arise as the result of over-staffing and long work shifts. Doctors have a much higher level of training, so errors committed by nurses can often result in more damage.

You are a candidate for restitution or compensation for your injury and losses if you or a family member has been injured because of nurse malpractice. Call our Law Office toll-free for a free consultation.

What are the Grounds for a Legitimate Nursing Malpractice Lawsuit?
There is a certain level of care that is common for the nursing profession and a general expectation for nurses to provide in accordance with that standard or expectation. If they fail in performing this standard of care, you may qualify to pursue compensation through filing a nursing malpractice claim. Often though, there is a fine line drawn between what is viewed as an injury simply because of simple bad luck, and what is perceived as an injury or harm due to negligence. A few examples of nursing malpractice can include the following:

When a patient’s condition changes and a nurse doesn’t report that change to the patient’s physician.
A nurse gives the patient the wrong prescription drug or the wrong dosage of the right drug.
The nurse neglects her responsibility to monitor the patient’s vital signs and report any fluctuations to the patient’s doctor.
The nurse fails to compile results from the patient’s tests in sufficient time so that the correct treatment can be successfully applied.

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Nursing Malpractice Lawsuit Challenges

The inherently technical aspect of nursing mishaps or negligence which results in injury, often makes it difficult to prove nursing malpractice lawsuits. Consequently, if you attempt to represent yourself or choose an inexperienced lawyer who doesn’t have a long history with medical malpractice cases, your chances of success are greatly diminished. The issues debated in nursing malpractice litigation are often rooted in highly specific medical knowledge that requires familiarity and understanding to be able to grasp. The attorneys at our Law Office have over twenty years of experience in the medical malpractice field and have developed consulting relationships with numerous experts in several medical fields. We have a keen understanding of how to use that testimony in the courtroom to establish the standard of care in a nursing specialty so that a jury can be influenced in your favor. Our attorneys are skilled in familiarizing juries with medical terminology that defines nursing malpractice cases so they can understand how the negligence caused the injury or harm to our client.

It can be a challenge to meet the standard of proof in nursing malpractice cases and only an attorney with extensive experience in handling these cases can establish this standard of proof. Also, medical malpractice insurance has caps or limits that restrict the amount of possible compensation. Consequently, many attorneys avoid these cases. Our medical malpractice attorneys, however, are committed to helping all nursing malpractice victims pursue the compensation they deserve.

Our Medical Malpractice Law Firm Can Help You
We have won thousands of cases. Call us today to discuss your case.

With a twenty-year successful track record of litigating medical malpractice suits, the attorneys at our Law Office are equipped to help you pursue the compensation you deserve if you or a family member has suffered harm because of the negligence of a nurse.

Because of our extensive history and track record in this field, we know how to recognize the liability of a negligent nurse and the process in proving that negligence in a courtroom. We’ve won millions of dollars from nearly every major insurance carrier in the U.S. as compensation for our injured clients. We’ve earned the respect of these insurance companies and defense attorneys. Often they choose to settle out of court with fair settlement offers, rather than face us in court. If the case is forced to trial, however, we are prepared to use all the skills in our arsenal— diligent investigative skills, courtroom strategy, and the use of expert testimony on your behalf.

Call our Law Office if you have any questions or reservations about nursing malpractice accidents and litigation. We can arrange a free consultation and share the legal options available to you, so you can make an informed choice. Our goal is to help you receive the full compensation needed to recover from your losses so you can move confidently into the future.

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Pharmaceutical Error Cases
Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error

All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.

Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.

If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.

How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:

The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger; In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.

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Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.

Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.

Texas medical malpractice lawyer
We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.

Our Law Office attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today toll-free for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.

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Birth Injuries
What Legal Options do You Have if You Have Suffered from Birth Injuries?

Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions as well.

Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?

Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.

Types of Birth Injuries and What Causes Them

The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:

Klumpke’s Palsy – paralysis of the child’s hands and forearms
Broken bones
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.

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What Makes Birth Injury Lawsuits so Difficult to Pursue?

Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.

Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.

The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injuries lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.

If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, Our Law Offices Wants to Help You

Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the aftereffects of birth injuries caused by medical malpractice or negligence, give us a call toll-free for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.

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Drug Injury Attorney on Defective Prescription Drugs

You might be eligible to attempt to obtain compensation through a Texas product defect lawsuit if you have any reason to believe that your illness or injury may have occurred as the result of defective prescription drugs or a pharmaceutical error.

Seeking legal recourse for this kind of injury, however, can be a very difficult endeavor, and it is especially tough if you choose to act as your own legal representative and do not enlist the services of a drug injury attorney. There are myriad challenges that are presented by these kinds of personal injury cases, and in order to have the best chance possible at getting the just restitution you deserve, you will need a seasoned and skilled defective drug injury attorney on your side. The attorneys with our Law Office will be happy to explain what kind of case you may have, the hurdles you will face in attempting to obtain compensation and the ways that our law firm can help you get the justice you have coming.

Why Drug Injury Lawsuits are Considered Challenging
The companies that design drugs and the medical practitioners who prescribe and dispense them, it is assumed, have some level of medical expertise that will greatly exceed that of a typical person. When someone takes a drug, they will likely have a reasonable expectation that the drug will not harm him or her. For instance, a person should be able to expect to understand the intended use of a drug, the potential side effects associated with it, and whether or not the drug prescribed could result in further injury because of a pre-existing medical condition or by using other drugs along with that newly prescribed drug. Basically, the people who have a need for prescription drugs more than likely trust that pharmacists, doctors, and drug manufacturers will do the best they can and do their jobs so that a patient does not experience harm. Accidents, of course, can take place in the field of medicine, but it is still reasonable to expect the drug you are taking is correctly manufactured and designed, and will not cause added problems. Most consumers do not understand how a drug might have prolonged an illness or compounded an existing injury. Additionally, most people do not have the expertise to be able to ascertain whether an incorrectly prescribed drug, a defective drug, or a faulty dosage might have caused them harm.

One of the most formidable hurdles to successfully pursuing a case involving defective prescription drugs is the expert medical knowledge that is necessary to prove that a defective drug injury even occurred. This is a type of personal injury lawsuit that necessitates a certain amount of technical knowledge to be acquired or to be obtained through the help of someone who is an expert in the field. There are many law firms that simply do not have the desire to put in the strenuous work involved in this kind of litigation, nor do they have relationships with medical experts.

However, our Texas medical malpractice firm is not one of those firms. We have assisted many victims of different forms of medical malpractice, including clients who have been harmed as a result of taking defective prescription drugs. We have access to medical experts who can help drug defect victims by connecting their malady to an incorrectly prescribed drug, a wrong dosage, or a defective drug.

Additionally, a lawsuit can also be complicated depending on the kind of lawsuit that is filed against a negligent entity. The following is a detailed explanation of the two kinds of drug injury lawsuits that can be filed.

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Drug Injury Case Categories
There are two broad categories in which drug injury cases can be listed:

Product liability lawsuits – These lawsuits are filed as a result of a drug manufacturer creating a drug that is harmful to the public, such as Hydroxycut.
Pharmaceutical error lawsuits – These are filed in response to a drug provider’s negligence in issuing a drug to a patient. For example, prescribing the wrong drug or prescribing the wrong dosage.

Product Liability Lawsuits
The companies that manufacture drugs are sometimes more accurately described as “pill pushers” than drug manufacturers. Drug manufacturers sometimes cut corners in designing and producing drugs, because they are in a rush to get their piece of a pie that is millions and millions of dollars big. They will often fail to properly and completely test a drug before they release it for public consumption. When this happens, and a person is injured due to a drug’s detrimental side effect that is not listed on the drug’s container, that victim can attempt to obtain restitution for their injury through the means of a defective drug product liability lawsuit. Should a drug manufacturer produce an off-brand product that uses questionable ingredients, and those ingredients can be proven to have harmed the consumer, then, likewise, that drug manufacturer can be sued through a drug defect personal injury lawsuit.

Initiating legal action against a drug manufacturer, however, is an incredibly complex and challenging task, and not for those who want to avoid a fight. Drug manufacturers often have millions upon millions of dollars that they can use to defend themselves against lawsuits, and will do whatever it takes – and spend however much it takes – in order to ensure you lose your case. Say, for instance, you were the first person to have been injured by taking Hydroxycut, which was an intensely marketed and highly popular drug when it was originally released. Because you were injured, you filed a lawsuit, and the negative publicity surrounding your suit would have been enough to seriously hurt the manufacturer’s bottom line. It only stands to reason, then, that the manufacturer would work feverishly in order to either make sure you were given a low-ball settlement, or you were defeated by their group of highly paid and extremely effective defense lawyers. Basically, they will stop at almost nothing in order to keep a victim from obtaining fair compensation, because that would be an admission that they were at fault. If that happened, they would likely face an avalanche of even more lawsuits after dealing with yours. This happens all too often, and liable drug manufacturers often stoop to highly questionable means in order to protect themselves from lawsuits.

Because of the intense and complex nature of defective drug liability lawsuits, there are many law firms that will not touch this kind of litigation. Often, the deck is just too stacked against the rights of a victim, and that is especially true when the defendant is a huge drug manufacturer. But the drug injury lawyers with our Law Office firmly believe that each and every person has a right to attempt to obtain compensation for an injury – it does not matter that a defendant may be a huge corporation with seemingly endless resources. We have extensive experience fighting both extremely wealthy individuals as well as huge insurance companies, so we have the attitude, knowledge, and toughness it takes to aggressively – and successfully – defend your rights against the onslaught of defendants, no matter how deep their pockets.

We should also note that there are some law firms that will initially offer to help the victim of a drug injury, only to ultimately sub-contract that work to another firm that is more experienced in fighting huge pharmaceutical entities. If we are assured that we can help you get the restitution you deserve, we will take your case through the entire process – from its start until its end. We don’t care about how your case can add to our list of successes. We are only interested in your success.

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Pharmaceutical Error Lawsuits

If a pharmacist, nurse, doctor, or any other kind of medical practitioner prescribes an incorrect drug or the wrong dosage of said drug, and further illness or injury is experienced by the patient as the result of that mistake, then that victim can attempt to obtain restitution through the means of a pharmaceutical error lawsuit. Because of the tort reform passed by the Texas Legislature, even though pharmacy errors are considered medical malpractice, pursuing legal action against a medical practitioner can be extremely difficult. The sentiment behind this tort reform was admirable – stop frivolous lawsuits from being filed against doctors and other medical practitioners, long-lasting civil lawsuits that further crippled an already overwhelmed court system. Unfortunately, and tragically in some instances, this tort reform has been a detriment to many injury victims with legitimate medical malpractice claims. One of the detrimental effects of tort reform legislation is the cap the legislature placed on the amount of compensation an injured patient was eligible to receive through the means of a medical malpractice lawsuit in Texas. Oftentimes, this cap doesn’t come close to properly compensating a victim for his or her injuries or accrued damages. Because of the possibility that the chances of obtaining full compensation could be small, there are many medical malpractice lawyers in Texas who will decline these kinds of cases. However, the defective drug injury attorneys with our Law Office will assist you in seeking fair restitution, whether it comes from a negligent hospital, negligent doctor, a negligent third party such as a drug manufacturer, or a combination of all of them.

There is another obstacle that oftentimes will cause Texas medical malpractice law firms from declining to help injury victims, and that is the exceptionally high standard of proof that plaintiffs must satisfy in a medical malpractice lawsuit. There are many times where medical experts must be brought into court in order to give technical, specific information regarding how medical practitioners may have committed negligence. There are many law firms that simply do not have access to these critically important medical experts. However, our Law Office has this access, and we have relied countless times on expert medical testimony that has helped our clients successfully pursued both pharmaceutical error injury cases, as well as medical malpractice cases, in Texas.

We are fearless and passionate when it comes to fighting for the rights of our clients – it does not matter one bit how huge and intimidating the drug manufacturers or other entities we fight in court may be. We also have access to medical experts who can effectively make a connection between the negligence of a medical practitioner and your injury. The drug injury attorneys with our Law Office stand ready to help you if you have experienced a further injury because of a pharmaceutical error or an unsafe drug. With our two decades of experience handling this kind of litigation, we are ready to help you as well. Our attorneys are ready to assist you in your efforts to hold accountable all the parties that are responsible for causing you further illness or harm. Please call us as soon as you can toll-free for a confidential and free consultation. We will go over all the circumstances surrounding your case, and tell you how we can help you obtain the just compensation you have coming to you for the suffering you have experienced.

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Pharmaceutical Error Injury

Were You Hurt Due to a Pharmaceutical Error? Discuss Your Case With Our Attorneys

Every year, nearly 100,000 deaths occur because of prescription errors made by pharmacies in the United States. This statistic is according to the latest study conducted on prescription error. Also, almost 1 in 20 prescriptions are filled incorrectly every year as well.

These prescription errors are caused by doctors who make mistakes when writing prescriptions for their patients and also are caused by pharmacists filling the prescription improperly.

Pharmaceutical cases involving error do not include product liability cases against the drug manufacturer. Pharmaceutical error cases are errors committed by doctors or pharmacists who were negligent in writing or composing the wrong amount and type of drug, the dosage, and for giving wrong information on instructions for taking the drug.

Pharmaceutical error injury cases are no different than medical malpractice claims. Both cases are complex legal matters to take on. In Pharmaceutical error injury cases, it is often difficult to determine who exactly is negligent for giving the wrong type of prescription. In these cases, sometimes it is difficult to prove whether it was the doctor or the pharmacist’s fault for the pharmaceutical error. Both the doctor and pharmacist can be litigated in different ways. Bringing a lawsuit against the pharmacist is different than having a case against your doctor or hospital for the prescription error they gave you. In addition, tort reform has changed everything. Tort reform has made it difficult for individuals to seek lawsuits against medical professionals. Because of tort reform, there are very strict conditions that one must meet in order for you to hold a medical professional liable for your injury. If you do not meet the standards of these conditions for your case, then your case will have very little chance of succeeding in court.

The good news is that help is still available. The medical malpractice attorneys at our Law Office have twenty years of experience helping injured victims of pharmaceutical error injury cases. At our Law Office, our attorneys know how to handle cases involving pharmaceutical error injury cases. We know how to handle tort reform as well and know how to meet the challenges of tort reform cases. If you or a loved one were victims of a pharmaceutical error either by your doctor or pharmacist, contact the medical malpractice attorneys of our Law Office. We will help you seek the compensation you deserve for your injuries and help you seek justice as well.

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Pharmaceutical Error Lawsuits

In Texas, a victim of a pharmaceutical error injury can seek compensation for their illness or injuries through a pharmaceutical error lawsuit. A victim may seek this type of lawsuit if their doctor, nurse, pharmacist, or other medical professional prescribed them the wrong drug or the wrong dosage amount of the drug. Furthermore, pharmacy errors are a form of medical malpractice. Tort reform makes it very challenging to pursue legal action against medical professionals. Tort reform was initiated by lobbyists representing the medical field because of all the frivolous lawsuits against medical professionals. There were so many lawsuits that tied up the court system that lobbyists fought hard to reduce the number of lawsuits and the amount by using tort reform. As a result, tort reform had a negative effect on injured victims who had a legitimate claim of medical malpractice. Some examples of how tort reform changed the way lawsuits can be sought against the medical field is when tort reform set a cap on the amount of compensation an injured victim could get with a Texas medical malpractice lawsuit. The cap that tort reform subscribed is not enough to cover for one’s medical injuries, illnesses, or damages. Because of this roadblock, many medical malpractice attorneys in Texas refuse to handle such cases. However, at our Law Office, our attorneys do whatever we can to help make sure you are able to receive the maximum amount of compensation needed in your case. We will make sure that all negligent parties such as doctors, a negligent hospital, and all negligent third parties such as a drug manufacturer, are held accountable.

Another challenge one might face when dealing with a medical malpractice lawsuit in Texas is the standard of proof required in proving your case. The standard of proof that a person was injured because of medical malpractice is very high. This scenario prevents many law firms from rejecting taking cases dealing with medical malpractice because the attorneys feel they can’t provide this high level of standard of proof needed in order to win a case. It is difficult to obtain the standard of proof needed in a medical malpractice claim because the case requires that one obtains specific, technical information regarding medical experts that work to show how exactly a medical professional was negligent. Many law firms do not have the skills, education, or experience to get the access that is needed on such medical experts. However, our Law Office does have the skill and education to get this information from medical experts. At our Law Office, our attorneys have used numerous medical experts in the past to assist our clients with their medical malpractice claims and their pharmaceutical error injury cases in Texas.

At our Law Office, our attorneys are fearless when it comes to defending our clients against pharmaceutical error injury cases. The medical malpractice attorneys of our Law Office are ready to assist you if you or a loved one suffered injury or illness because of an unsafe drug given to you through a pharmaceutical error. Our attorneys bring you twenty years of experience litigating pharmaceutical error injury cases in Texas. We have helped hundreds of injured Texans get the financial compensation they deserved because of a doctor’s error or pharmacist’s error in prescribing medication and giving it. We are ready to help you with your case and help hold all the negligent parties liable and accountable for causing you harm. Call us today toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to help answer any questions you may have. Call now! Don’t wait!

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Fentanyl Drug Injury Lawyer
Fentanyl Attorney on Fentanyl Pain Patch Recalls

Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in the United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or they have been diagnosed with it themselves.

According to the American Cancer Society (ACS) more than a million people are stricken with the dreaded disease each year in the United States. And that doesn’t include the twelve (12) million victims already living with the disease.

It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds have opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent verity little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients; nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.

If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Office today. We’re waiting to go over the options of your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. But you should call to find out more. Your initial consultation is free.

Researchers say that victims of cancer suffer more than once. They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed, and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.

Cancerous cells will attack different parts of the body. If it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to have get a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.

They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. And that could be considered as a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. Now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. Fentanyl was approved for use in the privacy of patients’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops and transdermal pain patches. The patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. It could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. Finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.

If you think your loved one died due to a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Offices today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. But you won’t know if you don’t call. Your initial consultation is free.

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Fentanyl Recalls Go Back Seventeen Years

Fentanyl pain patch recalls have been going on for quite a few years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify their inventory. After the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.

Most people would shy away from a product that is plagued by problems. But when a product like Fentanyl brings in millions of dollars, company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. But the Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., a recall of fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. They resumed production in the summer of 2011. The profits must have been too much for them to ignore.

Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:

Abstral, a lozenge that is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.
Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Office, do so today. We have more than twenty (20) years of experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You don’t know until you call. Your initial consultation is free.

The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:

Cramping;
Anxiety;
Hallucinations;
Dry mouth;
Vomiting;
Rapid weight loss.
If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.

In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. Some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law office.

In their effort to make more money some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. If you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Office can investigate your sickness and the medication you might be taking to collect evidence to build your case. Time is not on your side. Call our Law Office today for your free consultation.

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Birth Injury Attorney
If Your Child has Developed a Birth Injury due to Delivery Doctor Malpractice, Our Law Firm Can Help

If the parents of a newborn child find out their baby has suffered a birth injury, it can be devastating news – just about the worst that a parent could receive. The only news that could possibly be worse is if the baby died during birth.

Birth-related trauma such as brain injuries at birth, or other tragic injuries, can lead to long-term debilitating injuries that can last through the entirety of a child’s life. It goes without saying that when a parent gets this kind of news, it’s shocking and stunning. They can be, in a way, mentally paralyzed and not have any idea of what to do or where to turn next. A flurry of questions will pop into their heads, and they will be incredibly frustrated because the answers won’t be readily apparent.

Medical professionals have an incredible challenge in preventing the effects of birth injuries because a newborn child’s bones are so delicate. They have yet to harden or calcify, and as a result, are very flexible. Those bones and the muscles and tissue that are around them can be easily damaged through the process of birth. The resulting injuries can subject a child to a lifetime of disability, pain, and greatly affect the quality of life. That is in addition to the accompanying pain and suffering the child will have to experience, the incredible mental trauma associated with that suffering, and the immense amount of financial expense that the parents will have to deal with.

Adding to the tragic circumstances is that an unfortunately large amount of medical practitioners will, in an effort to avoid liability, tell parents and other members of the family that there was nothing that could have been done to either keep the injury from occurring or to reduce the effects of the injury. These injuries, they’ll claim are an unfortunate, yet natural, component of the birth process. Oftentimes those medical professionals are right. There are some birth injuries that are a wicked twist of nature, they’re normal. Other times these injuries could have been prevented or their effects minimized, but due to the negligence of a doctor, obstetrician, nurse, or some other medical professional, they weren’t. Sometimes, a medical practitioner exhibits negligence when trying to bring a baby into the world in a safe and effective manner.

The birth injury attorneys at our Law Office have handled the gut-wrenching, extremely complex, and intricate litigation that surrounds birth injury cases for 20 years. We take whatever time is necessary to thoroughly detail all of the aspects of this kind of case, and spell out all legal avenues a family may be able to take in clear, easy to comprehend terms. In order to determine whether their baby’s malady occurred due to a cruel twist of nature or through the negligence of a medical professional, it takes an intimate knowledge of not only medical terminology and process but legal processes as well. Someone who lacks familiarity in either area cannot hope to effectively litigate their case on their own. We will assist you in determining the most likely reason your child was injured. If you decide to enlist us for your legal representation, will work passionately to ensure that your family and your child receive the fair restitution you deserve.

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There are myriad malpractice laws that cover negligence across all fields of medicine. Those that address birth injuries specifically cover injuries that not only happen to newborn children, but to the mothers who carry them as well, because of the negligent actions or inaction of medical practitioners such as nurses, doctors, obstetricians, and other medical professionals.

From a legal perspective, injuries at birth fall into one of two basic categories:

A medical professional misdiagnosed either the condition of the fetus or newborn baby or the condition of the expectant mother. The negligence led to either or both the mother and baby suffering harm. If a child suffers an injury, either in utero or immediately after birth, that falls into this category.
A medical practitioner working at a health facility, such as a nurse, doctor, or other professional, is responsible for the injury to either the mother or baby because he or she performed a negligent or reckless action. Any of these medical personnel could also have engaged in actions that can be considered to be non-standard according to established medical guidelines and can also be held liable as a result. The vast majority of injuries that can be blamed on negligence are found in this category. These injuries include Erb’s Palsy, brachial plexus injuries, cerebral palsy, and shoulder dystocia. Brain injuries at birth and other injuries to a baby’s skeletal or neurological systems are also included in this category.
The child and mother both face a significant risk of injuries during birth. Oftentimes, a doctor or one of his or her staff members knows very well that something is wrong with your baby. They might have even been aware that something was terribly wrong as soon as the child was born. Why would they keep this kind of incredibly important information from the parents, as tragic as that information may be? There are a couple of possible answers. The first is they will hold that information from parents because there is a chance the injury will heal on its own – this is, thankfully, often the case. The other reason is a far more nefarious one. They keep quiet concerning the injury because they are trying to either completely avoid, or failing that, at least try to reduce, any possible liability they might face because of their negligence in delivering the child. The parents of an injured child often don’t know something has gone wrong until they notice their baby isn’t developing in the correct timetable. There are a lot of instances where a birth injury could have been alleviated somewhat or prevented completely if that injury had been detected in a timely fashion by the medical professionals involved in the delivery. If they fail to do so, they can be considered negligent and face significant liability.

Our birth injury attorneys have won thousands of cases. Call us today to discuss your case.

Call a skilled and seasoned birth injury attorney with our Law Office toll-free for a confidential and free consultation concerning the circumstances of your case. If you choose to enlist our services for your legal representation, we will thoroughly investigate each and every detail of the injury your child suffered at birth. We will also help you ascertain what may have happened during either the pregnancy, birth, or during the early development of your child that might have caused your baby’s potentially disabling condition.

In addition, we will assist you in determining whether or not negligence might have been committed by medical professionals that could have resulted in the injury. We will also pore through all medical records and ascertain the facts of the case, and talk to medical experts as well, in order to identify whether or not there is sufficient evidence of negligence.

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Birth Injury Red Flags

The mother and her child can both possibly suffer injuries related to birth, but there are times where a pregnant mother incurs an injury that also leads to the child suffering an injury as well.

A newborn child’s bones are very soft and flexible and children are commonly injured in some sort of manner. However, the flexibility of the newborn’s bones is critical to the process of birth. If not for that flexibility, the newborn would not be able to navigate through the birth canal of the mother. The pliability of those bones enables certain kinds of birth injuries to heal on their own, so they do not need long-term medical care. There are instances where a debilitating birth injury does not occur as a result of medical negligence, but because of an act of nature. Therefore, it can be very tough to identify whether medical negligence or simple, yet terrible luck is to blame for the injury that has befallen your child.

There are many instances where the traditional means of delivering a baby through the mother’s vagina can lead to some relatively minor birth injuries. These kinds of injuries can include:

Miniscule white cysts: These cysts are also referred to as milia, and occur due to sweat glands that are clogged. They normally are seen on the child’s forehead, cheeks or nose and appear to be small pimples. Milia is a harmless condition that typically clears up in a few weeks as the baby’s sweat glands unclog, and does not require a great deal of medical treatment.
Bruising: Minor swelling or bruising can take place during a vaginal delivery, and show up on either the nose, neck, forehead, or scalp of an infant. These parts of the body are prone to this type of condition because they are the ones that normally force the mother’s birth canal open during the process of delivery. Breach babies (who are born upside down) will experience this swelling or bruising on their hips, buttocks, or legs. This is a normal condition and should clear up in a week or two. Therefore, there is no reason for concern.
Pink marks: These are dilatory, minute capillaries usually appear on the eyelids, forehead, or the back of an infant’s neck, and are also sometimes referred to as “stork bites.” As opposed to bruising and minor swelling, pink marks will often last much longer. By the time the child turns 2 years old, however, those marks should completely disappear.
Broken bones: Broken collarbones can occur during birth, although it rarely happens. When this happens, however, it’s normally not because of the negligence of a medical practitioner. Rather, this typically takes place when a baby that is larger than normal progresses through a narrower than usual birth canal. While a broken collarbone is typically a natural occurrence, if the baby suffers a broken arm, shoulder, or leg, that is a substantial red flag that negligence has probably occurred. If this type of injury happens, it could create a disabling condition that lasts a lifetime.
During the course of either an abnormal pregnancy or abnormal delivery, there are other warning signs that negligence has possibly taken place. Some of these warning signs consist of:

A member of medical staff, such as an attending doctor or obstetrician, fails to warn an expectant mother of a developing or existing condition such as preeclampsia (the development of high blood pressure, as well as protein in the urine, in a mother after the 20th week of pregnancy), diabetes, hypertension, and other possible long-term conditions during a mother’s pregnancy that can eventually result in long-term debilitation.
A medical practitioner who fails to warn the expectant mother of potentially dangerous medical conditions that are present during pregnancy, or who fail to sufficiently monitor or treat that condition. Dangerous side effects of prescriptions written or medicine is given to treat that condition or conditions fall into this category.
The failure of a medical professional to properly attach a fetal monitoring device as soon as the mother enters into labor. If that professional attaches this device, yet fails to detect warning signs of distress to the child such as an abnormally high or low heart rate, for example, that professional could be considered negligent.
Attending medical staff members failed to use ultrasound in an effort to determine whether or not the fetus was abnormally positioned in the mother’s womb. If this is the case, an emergency cesarean section, also called a C-section, is typically necessary in order for the child to be safely delivered. Should the fetus’ abnormal positioning be inadequately diagnosed, the newborn could be in significant danger.
The doctor chose to employ a high-forceps delivery to extract the child from the mother’s birth canal. If too much force is applied through this method, both the mother and the child can incur significant injuries as a result.
The infant experiences either hypoxia – not enough blood in the oxygen, or asphyxia – no oxygen in the blood. Hypoxia indicators include the baby’s skin displaying a bluish tint, weak or non-existent breathing, and a heart rate that is abnormally slow. Asphyxia indicators include weak heart rate and breathing rate, a lifeless appearance to the child’s eyes, and a pale shade to the skin. Both hypoxia and asphyxia can lead to devastating, disabling conditions such as delayed development, mental retardation, organ problems, and organ failure.
The baby registers a low score on the Apgar test, which is employed to identify the baby’s progress immediately after birth in several areas. The test is given one minute after birth, and then three, five, 10, 15, and 30 minutes after that. If the child’s score on the initial test is five or less, this should cause immediate alarm and mandate immediate medical action. Should the infant get a score of four or less in the following tests, that could possibly be an indication that some sort of brain injury at birth has taken place. The child could be suffering from cerebral palsy as well.
The infant does not appear to show an appetite and does not appear to exhibit basic feeding characteristics such as suckling or grappling.
The baby exhibits sluggish or slow movements after being born and appears to suffer from a lack of balance of movement in his or her face, legs, or arms. This could be noticeable by parents in the form of the infant moving only one of its arms or legs or smiling on only one side of its face.
Signs of a seizure, such as tremors or glassy eyes, are present.
A complete investigation must be launched into the medical treatment given during the pregnancy, delivery, birth, and early childhood so that it can be ascertained whether a birth injury can be blamed on the negligence of a medical professional. Through our two decades of experience in dealing with birth injury cases, we oftentimes see that the gut feel of a parent is typically the best indication that a birth injury or other form of complication has taken place. If you have any reason at all to believe that, at any time during the process of the birth of your child, that child’s development and/or health have been negatively affected in any manner whatsoever, call a birth injury attorney as soon as you can so that investigation can be launched. It will be vital for you to collect all copies of medical records concerning the pregnancy and birth, including prenatal checkups, any records concerning the delivery process, any post-partum checkups that may have taken place, and any doctor visits that took place during the infancy of your child. If you fail to procure these records, then any review of your case will be useless.

Next, you will need the opinion of an independent medical expert, and he or she will need those records in order to determine whether or not it is apparent that medical negligence was committed. The lawyers at our Law Office have relied on a wide range of medical experts throughout our two decades of experience. They have been of invaluable assistance to us, and they can help you and your family get the fair restitution you have coming to you.

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Different Forms of Birth Injuries

Both newborns and mothers are susceptible to injuries during pregnancy, delivery, and birth.

There are usually two reasons that a birth injury takes place during pregnancy. One is the failure of a medical professional to give proper treatment to a mother for a preexisting medical condition, and possibly dangerous reactions to drugs the medical practitioner prescribed to the mother concerning that condition. There are times where a doctor will make the very risky choice to prescribe the mother a drug without taking into account what kind of potential adverse effects the child might experience. If an injury to the newborn child takes place as a result of that doctor’s choice, this is a form of negligence that is called teratogenicity.

There are several common conditions, such as diabetes, depression, asthma, anxiety, inflammatory bowel disease, and nausea, that have treatments associated with them that have been known to cause pregnancy complications. There are several well-known and well-established drugs, including Celexa, Albuterol, Effexor, Lexapro, Paxil, Prozac, Accutane, Thalidomide, Welbutrin, Zoloft, and Singulair, that are known to be teratogenic. If a medical practitioner is acting responsibly, he or she will do whatever is necessary in order to make sure the baby does not experience any dangerous side effects due to medicine that was prescribed to the mother for the mother’s pre-existing condition. If a birth injury occurs to either the baby or the mother as the result of improper monitoring of any prescription or prescriptions, there is the distinct possibility that negligence on the part of a medical practitioner has taken place.

Should you still not be certain if this type of negligence has occurred in your case, an experienced birth injury attorney can help you identify whether or not medical negligence led to the injury that has affected your child. We have a passionate staff, as well as a cadre of brilliant medical experts, who will make sure they do whatever ever is possible so that your family obtains just restitution, and is able to use that compensation to get their child the best quality of medical treatment he or she could possibly get.

Some especially serious complications, including blood clots, hemorrhages, broken bones, neurological trauma, and severe bruising, can take place during the process of birth. Each one of them can potentially lead to a disabling condition the child will have to deal with throughout the entirety of his or her life. These problems include cerebral palsy, Erb’s Palsy, shoulder dystocia, brain damage, and deformity.

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Cerebral Palsy

Cerebral Palsy, or CP, is a well-known condition that is a combination of several different maladies that affect both movement and posture in a negative fashion. CP can happen as the result of brain injuries at birth and also during the development of the infant. CP can also take place during the pregnancy, delivery process and infancy, and can occur because of damage to many different areas of the brain. CP typically does not manifest itself at the time of the infant’s birth. It instead gradually begins to appear during the child’s first two years. There is no cure for Cerebral Palsy, but available treatments can somewhat alleviate its effects.

There are four major forms of Cerebral Palsy:

Spastic CP, which is characterized by convulsive, stiff movements.
Ataxic CP, signified by a lack of depth perception or lack of balance.
Dyskinetic CP, manifested by poor bodily coordination.
Mixed CP, which occurs when two or more of the above-mentioned conditions take place simultaneously.
The form of cerebral palsy that affects the infant will depend on the portion of the child’s brain that has experienced damage. You need an independent medical expert in order to determine whether or not a medical professional’s negligence either caused or played a role in the CP afflicting your child, and whether or not a medical practitioner could have prevented the condition. The expert will investigate pregnancy, labor, delivery, and birth. There are only a few ways to treat cerebral palsy and all of them require intensive, extremely costly treatments. These treatments include extended therapy, as well as accommodations and modifications that have to be done to the home in order for the child to have the highest quality of life he or she can have. There is also a high probability that the automobile used to transport the child will have to have modifications done.

This combination of modifications, accommodations, and treatments will obviously cost a massive amount of money. It is not at all uncommon for CP treatment costs to run into the hundreds of thousands of dollars. If a medical professional’s negligence is the cause of your child’s CP, a condition that will result in a lifetime of misery, your family needs to obtain just compensation for the significant monetary expenditures you will have to make. The birth injury attorneys with our Law Office have been handling these cases for 20 years, and have an excellent track record of winning fair restitution for families experiencing this tragic condition.

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Erb’s Palsy, Shoulder Dystocia, and Brachial Plexus Injuries

Erb’s Palsy also referred to as brachial palsy, is a significant problem that takes place when damage occurs to an infant’s brachial plexus nerves. This is the grouping of nerves that is located slightly below a newborn’s shoulder. In a healthy infant, this cluster of nerves eventually expands and stretches through the entirety of the arm. Should damage take place in this cluster during the birth process, significant and severe problems can occur.

These problems include substantial limitation of arm movement or a total lack of movement of the arm. This condition typically occurs when that nerve cluster cannot properly extend. In the event of this happening, the brain cannot stimulate the arm muscles. The consequence of this is the arm being either completely immobile or severely weakened. The damage inflicted on the arm depends on how severely the brachial plexus nerve cluster has been affected.

Erb’s Palsy typically occurs when one of the newborn’s shoulders becomes stuck in the birth canal of the mother. This problem is referred to as shoulder dystocia. The doctors who are responsible for safely delivering babies have varied levels of experience. Seasoned doctors who would otherwise be very reliable in this critically important area of bringing a child into the world can be subject to significant fatigue and overwork. For whatever reason, doctors will sometimes apply too much force in the attempt to remove a baby from the mother’s birth canal. When this takes place, the result can be shoulder dystocia. This can lead to shoulder dislocation and damage to the brachial plexus nerve. If C-section or high-forceps methods of delivery are used to extract the infant from the birth canal, this can also result in damage to the nerve cluster.

The existence of Erb’s Palsy is immediately obvious to any competent medical professional the moment the infant emerges from the mother’s birth canal. The symptoms are obvious; a child suffering from Erb’s Palsy won’t be able to grip with the afflicted hand, and will also not be able to move that affected arm. Also, an Erb’s Palsy victim will typically pin the affected arm tightly to its body, and the arm will be cocked at a 90-degree angle. Other, less significant problems involving the brachial plexus nerve could possibly be corrected through treatment and/or surgery. Unfortunately, there is no way to correct Erb’s Palsy, and the condition will result in an immense amount of treatment and therapy. By employing proper methods of delivery, injuries involving the brachial plexus nerve can be avoided.

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Brain Injuries at Birth

A relatively common consequence of birth is a brain injury. You would assume that by the way the phrase “brain injury” sounds, that any such instance would be extremely serious. However, some brain injuries at birth, such as swelling or minor bruising, are actually fairly benign. Others, however, are potentially devastating, such as skull fractures, hemorrhages, hematomas, and hypoxia. What makes these kinds of injuries even more tragic is the fact that they are sometimes preventable.

Birth injury attorney
These kinds of injuries are typically caused by medical professionals using too much force in trying to remove the infant from the mother’s birth canal. The improper use of forceps can lead to extreme difficulties. Most brain injuries are usually not caused by medical negligence. The failure of medical practitioners to adequately diagnose or treat these kinds of injuries can often be considered negligence and can lead to a life-long debilitating condition. Any signs of potentially significant trauma to the brain have to be immediately discerned so that the chances of life-long disabilities are reduced. With proper treatment, many of the negative effects of these conditions can be mitigated as long as the trauma is noticed soon enough.

However, it is oftentimes the parents who see the signs of a possibly major brain trauma before anyone else. A baby may, for example, appear to only be looking through one eye, or smiling with only one side of the mouth. Another cause for alarm is when the infant moves the arm or leg on only one side of its body.

Should you have any reason whatsoever to believe that your baby is showing any of these or other symptoms, and could have experienced some sort of brain injury at birth, it is imperative that you act as quickly as you possibly can. Call a birth injury attorney and start the legal wheels in motion to make sure you, your family, and your child get the restitution you have coming to you for the negligence of a medical professional.

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Possible Legal Options You May Have in the Event of a Birth Injury

As we mentioned at the beginning of this article, there are all kinds of questions that will fill the brain of the parent of a child who has suffered a birth injury. How did this happen? How can the injury be treated? Who is to blame? How will we ever hope to be able to pay for treatment? What are my legal options? How can I trust to handle my case? These are but a few of the questions parents face, and early all of them and many others have to be answered before any legal avenues can be pursued. Again, we mentioned earlier that the special equipment and treatment needed for more serious birth complications – equipment and treatment a child will need in order to even have a chance at any semblance of a normal life – can cost hundreds of thousands of dollars. That’s not even taking into consideration the immense emotional and distress that is being experienced by the parents, and that the child will almost undoubtedly experience in future years.

The birth injury attorneys with our Law Office are well aware that there are quite a few instances where parents will choose not to initiate litigation. They feel uneasy suing a family doctor who they have trusted for years and who may be a close friend or a highly valued member of the community. You cannot let this happen to you. You simply cannot make the incredible mistake of not pursuing legal action. Such action doesn’t necessarily mean you will have to go through an emotionally draining trial, since, many times, an amicable resolution of this type of litigation can occur through an independent mediator. Our attorneys will completely explore all potential avenues of resolution so that your family can get the compensation it deserves without the need for a trial.

Cases Involving Injuries at Birth
Often, however, the only chance you have at obtaining just restitution for the trauma you and your child are experiencing is through the filing of a lawsuit. Should you find this is the case, you have to employ the services of an experienced, skillful team that will operate in a coordinated fashion in order to get justice for your family. A seasoned birth injury attorney, working in conjunction with convincing medical experts and passionate, tireless staff, will be intensely focused on getting the compensation your family has coming, and greatly needs.

Litigating these kinds of cases, however, is an incredibly complex task and nearly impossible for someone who has no experience or legal background. There are complexities and intricacies regarding any sort of litigation. The kind of legal action that surrounds birth injuries is a completely different kind of beast. Trying to pursue this litigation without the help of an experienced attorney is, to put it nicely, a ridiculous idea. Plaintiffs must surmount all kinds of difficult hurdles in order to successfully pursue litigation. The burden of proof and the limits on damages that are recoverable are but two. A plaintiff must also present a compelling case backed by rock-solid evidence that the condition of their baby is a direct result of the negligence of medical practitioners. The plaintiff also must have an independent medical expert who can convince a judge or jury that negligence took place, and it took place because attending medical professionals either neglected or ignored the reasonable standard of medical treatment that has been long established regarding the safe delivery of a child.

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The standard of medical treatment is more subjective than objective. Therefore, the opposition in your case will have its own group of medical experts who will attempt to be just as compelling in overcoming the testimony offered by the expert working for you. You can just about guarantee that the defense’s team of lawyers will do whatever they can to prove that the injury that befell your baby was just a wicked trick of nature and did not take place due to the negligence of the attending medical personnel. The defense will claim that medical professionals did not have any chance at either reducing the effects of the injury or preventing the injury from occurring. They will try and point to medical literature in an effort to prove that nature, and not negligence, caused your child’s injury. However, that literature is written in a way designed to deflect blame from medical practitioners. Obviously, the medical community has a keen interest in protecting its members from liability in all instances, especially in cases concerning birth injuries. The defense, as a result, will point heavily point to that literature, even though it has been well established that previous actions of medical practitioners performed in accordance with these so-called “by the book” medical standards have often resulted in tragic birth injuries.

The defense lawyers working to defeat your case will be among the toughest that any plaintiff could ever face, regardless of the nature of the litigation. If you make the choice to fight your case on your own, without the help of legal representation, it could very well be the worst decision you’ll ever make. You only get one chance at pursuing litigation. There is no “reset” button. This isn’t a video game. This isn’t like going to Vegas and sitting at a blackjack table or in front of a slot machine – the kind of gamble you’ll be taking could result in a lifetime of misery and financial ruin.

You won’t be able to just show up in a courtroom with a picture of your child and count on the compassion of a judge and jury to lead them to award you a ton of money. There are several steps to a successful birth injury case. If you don’t have a compelling medical expert testifying on your behalf who can accurately interpret your medical records, you won’t be able to prove why your child’s injury occurred. Evidence concerning medical negligence has a way of disappearing even before the signs of your child’s injury begin to manifest themselves.

There is simply no alternative for you – you have to have the experience of a birth injury attorney working for you. If you don’t, and you lose your case, you will have to come up with the incredible amount of money it will take to treat your injured child, and pay for any accommodations your child will need to have any chance at all for a reasonable quality of life. You can just about guarantee that if you act as your own attorney, you will lose. And by doing so, you will have ensured several years of misery for your family and your child. That might sound harsh, but it is stone-cold reality.

As soon as the medical practitioners assigned to the care of the mother and baby begin to realize questions are being raised concerning the pregnancy, birth, or delivery, they will immediately inform their medical malpractice insurance provider. That provider will employ any means necessary to shift blame away from the medical team by proving that no medical negligence took place. There will be an incredible amount of money at stake. Insurance providers generate millions upon millions of dollars from malpractice policies – they will devote an immense amount of resources to protect them. An insurer doesn’t care about the emotional and physical trauma your family has experienced and continues to experience on a daily basis. An insurer also could care less about the unbelievable expense your family has incurred. The only thing that company cares about is the protection of its bottom line. So they will do whatever it takes in order to make sure that your case is defeated and your medical malpractice claim is denied.

To make matters even more difficult, the State of Texas makes it very tough for families whose children suffered a birth injury due to medical negligence to find justice. The Texas Legislature passed a tort reform that gives doctors and insurance companies a significant advantage in the form of compensation caps. This “reform” placed a $250,000 limit on the general damages a plaintiff can win for emotional distress, pain and suffering, and disfigurement. The only way the family of an injured child can obtain just compensation is if they can prove damages such as lost potential future wages the child may have earned, medical expenses, and the previously mentioned special accommodations. These damages are referred to as “special” damages, and can only be won if a judge or jury determines that the medical team was negligent in the provision of your child’s care.

In essence, your family could have millions of dollars in general damages coming to you, but because of tort reform, the most you can get would be $250,000. That amount of money would not come anywhere close to paying for some of the most devastating medical conditions that result from birth injuries. Again, you have only one chance to obtain justice. If you don’t have the help of a skilled and seasoned birth injury attorney on your side, that chance will likely disappear forever. If you hire a lackadaisical or inexperienced lawyer, he or she may only work to prove general damages. If that happens, your family will be woefully shortchanged and your child’s chance at any decent quality of life will likely be gone forever.

There may be grounds for more than one lawsuit to be filed on behalf of both the child and the mother against different responsible parties. This is dependent on the extent and type of injuries suffered by each of them. It takes a skilled and experienced lawyer to be able to handle them simultaneously and deal with all the procedural aspects of each case, including filing the correct claims, presenting the facts of each case, and presenting enough evidence to convince a judge or jury that the claims of the plaintiff are valid. As soon as you can, call the attorneys at our Law Office toll-free for a free and confidential consultation. We will, in a language that is easy to understand, give you a thorough idea of how we can help you and your family get the just restitution you deserve. We will listen to the circumstances surrounding your case, give you a detailed plan of action, and give you a thorough explanation of any legal complexities you may have difficulty comprehending.

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Cerebral Palsy
Cerebral Palsy is Often Caused by Birth Injury or Delivery Malpractice

If you are a parent and your child has recently been diagnosed with cerebral palsy, you probably have many questions that require answers. What is cerebral palsy? What causes this condition? Do you have a legal right to seek financial reimbursement if your child’s cerebral palsy was the result of medical negligence? Our Law Office has the answers you seek here.

The term cerebral palsy refers to a collection of conditions affecting motor function and coordination. Cerebral palsy may be diagnosed shortly after delivery or later, through the child’s first two or three years of life.

How does this happen? Sometimes, the brain suffers an injury that can lead to cerebral palsy. Cerebral palsy can lead to lowered levels of motor coordination, abnormal bodily movement, and decreases in cognitive function. The location of brain damage establishes the type of cerebral palsy that affects the child. How severe the damage depends on what type of cerebral palsy has been diagnosed. The symptoms of cerebral palsy may begin as little as a few months from the child’s birth. However, the symptoms are frequently not observed by either the doctors or the parents of the child until the delayed development of certain motor skills makes them more apparent. This observation usually happens around the first or second year of the child’s life. Sadly, no cure is yet available for cerebral palsy, although it can be treated through expensive medical care, therapy, and appropriate accommodations. Cerebral palsy may often be prevented during pregnancy and subsequent childbirth through appropriate medical intervention. If a doctor could have taken steps during pregnancy to prevent the development of cerebral palsy in your child but did not, you have the legal right to seek financial restitution for your child’s condition. Our Law Office has twenty years of experience pursuing medical malpractice and birth injury claims. We know what to do to help you and your family recover economically in order for your child to receive the treatment they deserve.

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What Forms of Cerebral Palsy Are There?
There are four principal kinds of cerebral palsy that may have an effect on varying regions of the brain, each with its own symptoms. The following is a list of these kinds of cerebral palsy, as well as some insight into what can cause them:

Ataxic Cerebral Palsy – This type of cerebral palsy occurs with lower frequency than do the other types. Sufferers of ataxic cerebral palsy find it difficult to balance and may be deficient in fine motor skills, which may make it harder to complete things like wielding utensils to eat dinner, tying shoelaces, writing with a pen and paper, and typing using a keyboard. What causes ataxic cerebral palsy? Trauma to the cerebellum can precede this form of cerebral palsy, resulting in weakened muscles. Children afflicted with ataxic cerebral palsy may experience tremors when attempting sudden movements. This type of cerebral palsy is often detected later in the child’s development when it becomes apparent that the child requires assistance to stand, or just go out of their way to achieve balance. Some other indicators of ataxic cerebral palsy include lack of balance when walking, speech that sounds slurred, a wide range of speech volume, and a noticeable deficiency in in-depth perception. This form of cerebral palsy also commonly includes hypotonia or low muscle tone.
Dyskinetic Cerebral Palsy or Athetoid Cerebral Palsy – This form of cerebral palsy accounts for about 10-20% of all cases. It can include both hypotonia and hypertonia. Hypertonia is when there is an unusual increase in muscle tension, rendering it harder for the child to stretch their muscles. Dyskinetic cerebral palsy sufferers typically have a reduced ability to control their movement and may suffer spontaneous spasms that they cannot control. They may also experience difficulty retaining an upright position or keeping themselves steady. This may make it harder to grasp objects, and it is at this point of the child’s development that this form of cerebral palsy is usually detected. What can cause dyskinetic or athetoid cerebral palsy? Generally, this form of the disease happens when doctors neglect to treat an infant’s abnormally high bilirubin levels. This can lead to damage in the basal ganglia. Because this is obviously avoidable, failure to attend to it is clear medical negligence. Increased treatment, accommodation, and therapy are all required to treat this form of cerebral palsy.
Spastic Cerebral Palsy – This form of cerebral palsy results from injury to the brain’s cortex. It accounts for 70-80% of cerebral palsy cases. Children with spastic cerebral palsy are afflicted with hypertonia or increased muscle tension. Spastic cerebral palsy is classified differently according to what part of the body is affected. Spastic hemiplegia refers to cerebral palsy affecting one side of the body. Spastic diplegia affects the lower limbs and can result in a scissor gait and walking on tiptoes. This variation of spastic cerebral palsy is the most common. Children with spastic diplegia are often nearsighted. Spastic monoplegia refers to a single limb being affected by cerebral palsy, while spastic triplegia means that three limbs are affected. Spastic quadriplegia affects all four limbs to varying degrees. Children afflicted with spastic quadriplegia are unlikely to walk, or even to want to walk, due to the degree of difficulty inherent in the task. The effort required to overcome the muscle spasms and rigidity is usually entirely too great. Spastic cerebral palsy in general can also lead to early-onset arthritis.
Mixed Cerebral Palsy – If the brain is damaged in more than one area, multiple types of cerebral palsy can occur. This form of cerebral palsy is quite rare.
Experienced Medical Malpractice Attorneys are Necessary to Successfully Pursue Lawsuits Related to Cerebral Palsy

The brains of developing fetuses and babies can sustain injury or trauma from a number of sources. Legal experts in brain damage are needed to establish whether your child’s cerebral palsy was caused through the negligence of a doctor or other medical professional or due to random chance. The child’s development records will need to be evaluated to help make the assessment. These records should include everything through pregnancy and birth. Only by doing this can a legal expert make a determination on whether or not the resulting cerebral palsy was caused through preventable negligence on the part of a medical professional attending to your child. The amount of cerebral palsy caused due to negligence is about one-third of all cases. The child is then left to endure physical and mental suffering, while the family of the child struggles to meet the new financial demands the condition requires to treat appropriately.

The Medical Malpractice Attorneys of Our Law Office are Here to Help You if Your Child is Afflicted with Cerebral Palsy Resulting from Medical Negligence

Has your child recently been diagnosed with cerebral palsy? Do you suspect that the condition resulted from medical negligence? Our Law Office can provide the services of an independent legal medical expert to go over your child’s medical records with a fine-toothed comb to discover evidence of negligence. Call us today toll-free to receive a free consultation that will remain confidential. We will discuss with you the particular details of your child’s condition, answer your legal questions, and let you know what we can do to help you. You and your child deserve fair economic restitution for the long scope of treatment required to deal with this disease.
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Erb’s Palsy Lawyer
Birth Injury Lawsuit Lawyer Discusses Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy

Birth injuries can happen to anyone and can result in very serious medical conditions. Numerous factors, even seemingly unrelated ones like a rushed or tired physician, can result in life-threatening or long-term disabling injuries to both mother and child and can occur during pregnancy or childbirth.

While some birth injuries happen merely because of the statistical inevitability of nature, many other birth injuries occur because of the negligent actions of doctors, nurses, obstetricians, and other medical personnel, who have been given the incredible responsibility of safely delivering babies. Sadly, just a minor error by a physician can result in a lifetime of medical treatment, care, and special accommodations for a child who has suffered an injury.

Erb’s Palsy is one of the most serious medical conditions that can arise from a birth injury and is characterized by a significant decline of strength and range of movement in the child’s arm and shoulder. This injury can translate into mounting medical and treatment bills that can quickly overwhelm a parent or guardian. If you find yourself in this situation and struggling with these issues, and are suspicious that medical malpractice may have occurred in the injury to your child, you may potentially qualify for compensation for your financial losses and medical expenses, ranging from past bills to future or impending costs for medical care. Our Erb’s palsy medical malpractice attorneys have compiled this brief article to highlight specific kinds of birth injury that can lead to life-long health issues for a child.

For the past twenty years, the birth-injury attorneys of our Law Offices have learned the legal complexities of birth injury lawsuits. We can help you understand the intricate issues involving birth injuries and the litigation needed to solve them. Often in trying to decipher if the birth injury was a tragic natural occurrence or caused by someone’s negligence, parents have no medical-legal experience to turn to when an injury occurs. We can help make that determination and then work diligently to make sure your case is resolved to your satisfaction and that you receive the compensation you deserve.

Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that connects the spine to the upper extremities, such as the shoulders, arms, and hands. Any excessive physical exertion or unusually difficult labor and delivery can injure both mother and child in different ways. Brachial plexus injuries can happen in exceptionally large babies, unusually small birth canals, awkward positioning of the baby in the womb, or abnormal activity in the uterus or womb. It is a fairly normal occurrence, afflicting nearly 20 percent of all childbirths. Dystocia is any excessive physical exertion or unusually difficult labor and delivery. It can injure both mother and child in different ways. Attending obstetricians and their medical staff have been trained to take reasonable care in delivering the baby without causing injury or harm because brachial plexus injuries frequently take place during childbirth.

In most cases, the medical staff bypasses vaginal delivery and performs an emergency caesarian section (c-section) or a high-forceps procedure. This can result in serious birth injuries to the brachial plexus nerve cluster that joins the hand, arm, and shoulder to the spine. In newborn babies, these nerves are clustered together in the shoulder before completely spreading throughout the entire arm in the adult arm and shoulder. The damage to these nerves can be significant, even to the point where the nerves become severed and lead to life-long debilities because of the way they’re bunched together. Sometimes surgery can be done to correct the damaged nerves.

Many doctors try to avert liability by telling the families of babies who suffered birth injuries, the harm that took place was unpreventable or was simply normal, under the circumstances. Some birth injuries happen just because of the statistical inevitability of nature, but others occur because of the negligent care from physicians, nurses, and other medical professionals, who were given the incredible responsibility of delivering the baby safely. Many of these injuries are diagnosed incorrectly. Many times a doctor will recognize the obvious signs, yet simply hope the injury or symptoms will go away. In some cases, the nerve damage does go away.

Shoulder Dystocia
Erb’s palsy usually happens when the baby’s shoulder getting stuck in the birth canal, which is a condition known as shoulder dystocia. If a weary or inexperienced doctor pushes or pulls too forcefully in attempting to dislodge the baby, shoulder dystocia can cause the shoulder to dislocate, which damages the brachial plexus nerve cluster. If an infant’s shoulder becomes immovable, the delivery process becomes quite risky, because of the extreme pressure put on the baby’s head, neck, and umbilical cord. If action is not taken immediately to readjust the shoulder, the baby could suffer severe brain injury because of the lack of oxygen to the brain. This lack of oxygen is called hypoxia. If too great a pressure is applied, the brachial plexus nerves can become stretched, bruised torn, or even severed. On many occasions, in these severe situations, medical malpractice occurs because of the aggressive or negligent behavior of health care professionals.

Erb’s Palsy most often arises from the condition of shoulder dystocia as mentioned above. Erb’s Palsy causes the muscles in the arm to lack adequate stimulation by the brain, which leaves the arm immobile or very weak, depending on the severity of the brachial plexus nerve injury.

Erb’s Palsy should be detected soon after birth by the attending physician and staff because the symptoms are immediately obvious—babies can’t grip with the affected hand, lack voluntary movement in the affected arm, and hold their arm tightly pinned against their body, cocked at a 90-degree angle. Occasionally, less severe brachial plexus nerve injuries can be treated and corrected with proper treatment or specialized surgery by the attending physician. Erb’s Palsy, however, creates lifelong disabilities that require extensive treatment and therapy, including specialized adaptive technologies and accommodations. However, proper delivery techniques can prevent injuries to the brachial plexus nerves.

Call Our Erb’s Palsy Lawyer
The attorneys at our Law Office have been helping families recover from birthing process injuries for over twenty years. We understand how to navigate the rough waters of medical malpractice law, unlike many attorneys who simply avoid these types of cases because they are too complicated and challenging to win. We will devote the time required to build a solid case to make sure those responsible for your baby’s shoulder dystocia, brachial nerve trauma, or Erb’s Palsy are made accountable. We’ve won millions of dollars in settlements from every major insurance carrier in the U.S. The insurance company adjusters and defense lawyers are familiar with our successful track record. As a result, our clients frequently receive fair settlement offers without having to go to trial. Our attorneys can ensure you get the best results possible so that your child receives the best treatment possible and compensation for the mental and physical trauma they have suffered in this ordeal. If your child has been injured in childbirth because of a medical professional’s negligence, call the birthing injury attorneys at our Law Office (toll-free) for a free consultation. We can answer your specific questions and help you make an informed decision.

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Day Care Accidents
Daycare Abuse Attorney
Has Your Child Been Injured or Abused by a Daycare Professional?

When allegations of child abuse are levied, those are charges that should never be ignored or taken lightly. Pursuing legal action against either a person or entity that is guilty of child abuse at a daycare facility can be an extremely complex ordeal that is fraught with emotional trauma.

Should a parent or legal guardian have a reason to suspect that his or her child may have been the subject of either sexual abuse, emotional abuse, neglect, or physical abuse while in the care of a daycare facility, the resulting anger, and frustration experienced by both parents and members of the family can be incredible. If the negligent behavior of an employee of a daycare facility, or a caregiver at another type of facility, the worker and the worker’s employer may both be held responsible for their actions (or, in some cases, inactions) by means of a personal injury lawsuit. This article, provided to you by the daycare abuse attorneys with our Law Office will provide detailed information on the signs associated with child abuse, the legal aspects that are often a part of child daycare abuse cases, and what you should do if you have a suspicion that your son or daughter is experiencing daycare child abuse. While we obviously hope that neither children, parents nor guardians ever have to go through the trauma associated with any form of child abuse, we are nevertheless prepared to spring into action to assist in achieving justice against those who would stoop so low as to abuse a child. This article is not meant to be a substitute for a legal consultation, however. Please call our Law Office (toll-free) for a free and confidential consultation regarding the specific details of your case.

Child Abuse Statistics in the United States
These alarming statistics, presented by the National Children’s Alliance, serve as a reminder of the depressingly too common occurrence of child abuse, not only in Texas but also throughout the United States of America.

Nearly 700,000 children are abused in the U.S each year. An estimated 678,000 children (unique incidents) were victims of abuse and neglect in 2018, the most recent year for which there is national data. That’s about 1% of kids in a given year. However, this data may be incomplete, and the actual number of children abused is likely underreported.

Child welfare authorities ensure the safety of more than 3.5 million kids More than 3.5 million children received an investigation or alternative response from child protective services agencies.1 An estimated 1.9 million children received prevention services.

How child abuse impacts kids
The youngest children were most vulnerable Children in the first year of their life had the highest rate of victimization of 2.7% of all children that age.1

Child abuse is deadly. In 2018, an estimated 1,770 children died from abuse and neglect in the United States.

Nationally, neglect is the most common form of abuse. Three-out-of-five (nearly 61%) of victims were neglected only, more than 10% were physically abused only, and 7% were sexually abused only. Yet the statistics indicate a more complex problem where children experience multiple forms of abuse. In 2018, more than 15% of kids were polyvictimized (suffered two or more forms of abuse).

Yet CACs serve far more sexual abuse cases, indicating a deeper problem.CACs investigated 243,039 cases involving sexual abuse allegations in 2019, fully 65% of all cases our members carried through. While not all these cases resulted in a disclosure, charges, or a conviction, it’s an indication that the problem of sexual abuse may be much larger than federal statistics show.

Child abuse allegations concerning daycare facilities are often intensely publicized, even though they do not account for the majority of child abuse reports. As such, the attendant publicity should not lead parents or guardians to assume that there is evidence of abuse being common in daycare settings, and should not lead them to believe that daycare facilities are inherently unsafe environments for children. Even one incident of daycare child abuse is one too many.

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Signs of Possible Daycare Child Abuse

A parent or guardian will oftentimes notice if a child suddenly starts to act in a different manner than normal, or is experiencing significant shifts in mood, withdrawal symptoms, or aggressive behavior. Most children have a hard time expressing their feelings or comprehending why they are all of a sudden acting in a certain manner. Also, children may attempt to hide what they’re experiencing because they do not want to “tell” an adult. Following is a list of some of the red flags and symptoms of child abuse that could help you determine whether or not your child may be suffering from such abuse.

Signs of potential physical abuse include:

Burns, bruises, swollen areas, or cuts that are not explained
Aggressive behavior
Swings in mood
Crying
Fighting
Exhibiting an unusually strong aversion to going to daycare
Withdrawing from normal, everyday activities
A child complaining of pain or some sort of injury without being able to explain why it occurred

Signs of possible emotional abuse include:

Delays in normal development
Disorders concerning speech
Severe allergies, ulcers, or asthma
Aggressive behavior
Anti-social behavior
Sleep deprivation
A child displaying either manic-depressive behavior or passive-aggressive behavior
Biting, rocking, thumb-sucking, or other habitual disorders

Signs of potential neglect include:

A child exhibiting a dirty appearance, or whose diapers are dirty after leaving daycare
A daycare facility that is understaffed
A child being unusually hungry or thirsty after leaving daycare
The daycare facility discourages visitors who are unannounced
Withdrawal
Aggressive behavior

Signs of potential sexual abuse include:

A child who fears contact
A child who abnormally craves contact
A child engaging in inappropriate sexual play
A child exhibiting an unusual level of interest in the sexual parts of the body or in issues of a sexual nature
Yeast or urinary tract infections
Bruising or bleeding in the region of the genitals
An inability of the child to properly stand or sit
Torn or dirty underclothes

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What to do Next if Your Child May be Suffering from Daycare Child Abuse

Should you have a reason to suspect that your son or daughter may be experiencing child abuse while under the care of a daycare facility, you have a number of steps you can take to identify whether or not that abuse is actually taking place. The first thing you should do is discuss the child’s behavior with your spouse or partner. Both of you are more apt to notice and manners of behavior that are out of the ordinary, since you are the ones closest to the child. You might also think about talking to the parents of other children at the daycare facility to see if they have any suspicions regarding potential child abuse as well. There are some cases where the problem is not child abuse at all, but the actions of another child that are causing the injuries and/or abnormal behavior. There are other times where, in fact, these abnormalities and injuries are the direct results of child abuse. It is important to be tactful when engaging in these kinds of conversations, but it can be vital to talk with a fellow parent to see if they’ve noticed his or her child displaying the same kind of troubling characteristics after attending daycare that your child is displaying.

There is only so much that parents can do to ensure the safety of their children, but one of the things they can do to head off any potentially damaging problems is to listen to their children regarding their daycare experiences. Ask your children on a daily basis about their experience at daycare and keep track of the responses. That way you can consistently make an accurate determination of the child’s emotional well-being.

Abuse or neglect is often not physical in nature, but rather emotional, and as a result can be much tougher to ascertain because there are no obvious physical signs. This form of abuse is just as dangerous as physical abuse because it can result in emotional scars that lead to delays in development. Should your child not want to talk about his or her time at a daycare facility, or become abnormally depressed or aggressive while talking about it, there could be a good reason for a parent or guardian to become significantly concerned.

If, for whatever reason, you feel your child may be a victim of daycare child abuse, immediately call either your local police or the Texas Department of Family and Protective Services (DFPS). If the suspected case of daycare child abuse needs to be addressed immediately, call the DFPS hotline as soon as possible toll-free at 1-800-252-5400. They have someone available to talk to you at any time of the night or day, any day of the week. Should there not be a need for an immediate response, worried parents can use the Texas Statewide Abuse, Neglect, and Exploitation Reporting System website (https://www.txabusehotline.org/) to submit a suspected daycare abuse report. That report will be replied to within a period of 24 hours.

Finally, you may want to consider the pursuit of legal action against the liable parties that have caused harm to your child through a personal injury lawsuit. The daycare abuse attorneys at our Law Office can help guide you and your family through this extremely trying period of time. Once child abuse allegations are leveled toward either a person or place of business a detailed investigation is launched by the State of Texas in order to determine the legitimacy of said claim. Your rights, and the rights of your child, will be defended every step along the way by an experienced Law Office attorney. Our daycare child abuse attorneys will deal with all of the necessary paperwork and any other parts of the process in connection with litigation so you and your family can remain focused on caring for your child and helping him or her heal from this incredibly traumatic experience.

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Liability Concerning Incidents of Daycare Abuse
No matter what kind of torment their child may be going through, whether it is a result of either child sexual abuse, child emotional abuse, child physical abuse, or neglect, there is one question that parents or guardians immediately ask – “Who’s fault is this?” In the arena of litigation, this question is referred to as the question of liability. Either one person or entity, or multiple persons or entities can be regarded as liable in such a case. Texas law subscribes to the notion of “respondeat superior.” Basically, this means that when a judge or jury finds an employee guilty of negligent behavior that results in either the injury or death of another person, the employer of that worker will be held as well as a vicariously liable defendant. In the case of daycare child abuse, the daycare worker would be a defendant in a daycare child abuse personal injury action, and the company that owns the daycare facility would also be a defendant.

There are many instances where daycare child abuse does not take place as a result of the actions of either a daycare worker or teacher at the facility. Oftentimes, these occurrences are the result of the actions of a secondary daycare worker such as a janitor or bus driver. These individuals may only have a moderate amount of contact with the children. There have also been times when relatives of daycare workers were responsible for daycare child abuse. No matter who may be the ultimate cause of the abuse, the daycare facility is still responsible for the safety of all the children in attendance at all times. If more than one party is held liable for a daycare child abuse incident, multiple civil suits can be filed against each party. A detailed, thorough investigation is often necessary so that all of those responsible can be identified and held accountable for their actions so that you and your family can get complete justice for the harm done to your child.

Negligence Claims Involving Daycare Abuse
Personal injury claims involving negligence that results in the abuse of a child are handled much differently than other forms of claims in Texas. In the instance, of, say, an injury accident case, a very specific type of negligence must be applied. In order to ensure justice in the case of a personal injury claim involving harm to a child, there are a variety of negligence claims that may be used. A negligent hiring claim, for example, can be filed against a liable daycare facility if those in charge failed to make a reasonable effort to perform appropriate background checks on potential employees. If someone with a history of questionable character works near children, as subsequently is the cause of a child suffering some kind of harm, the employer will be held liable for the injury due to its negligence in the hiring process. There is another legal avenue, called negligent entrustment or negligent supervision, that can be pursued in a case involving daycare child abuse. If an adult acting in a supervisory capacity does not properly ensure a child’s safety, that worker could be held liable for any injury that child may suffer. A general negligence claim could also be filed against either a negligent daycare worker or a secondary worker. Should any of these negligence claims be validated, it is likely that parents or guardians will not only receive fair restitution, they will also likely see those responsible for the child’s injury brought to justice.

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Daycare Child Abuse and Vicarious Liability

A daycare worker’s employer can be held vicariously liable when one of their employees is accused of suspected child abuse at a daycare facility. There are many cases when it is surprisingly difficult to ascertain the owner of a daycare or other childcare facility’s true identity. Some daycare centers are privately owned. However, others are owned by corporations or other business entities. Those entities may take steps to conceal their ownership of such a facility, and thus attempt to escape liability if allegations of abuse are levied against their company. If a corporation owns a daycare center, it will probably have an extensive amount of money at its disposal to craft a very formidable defense. They will hire a stellar defense team, formed with the sole purpose of defending their client’s interests. The defense will not be concerned at all with the injury your child has suffered and the trauma you and your family have experienced. Make sure you are as well-armed as the defense by calling on the legal expertise of the daycare abuse attorneys at our Law Office.

You can just about guarantee that whether the daycare facility is independently owned or part of a huge corporation, it will have insurance coverage of some kind. It is just as likely that the insurance company will play a large role in any litigation that may result from a daycare child abuse injury. These insurance providers have extensive experience in dealing with such cases, and, whenever they can, they will attempt to reduce or flat-out deny claims against their policies in order to protect their assets. It does not matter in the least how badly a child and his or her family need compensation for injuries the child has suffered. When faced with this level of opposition, a plaintiff in a daycare child abuse case simply must call on the assistance and expertise of a trial-tested lawyer – one who is intimately familiar with the strategies insurance companies use in order to guard their profits. The attorneys with our Law Office have successfully fought every major United States insurance company, proudly developing a reputation as a law firm that works solely in its clients’ best interests. Because of that reputation, we have carefully cultivated over the last 20 years, many insurance companies and defense attorneys choose to offer sizeable out-of-court settlements rather than risk a much greater amount of money by tangling with us in a courtroom. If your case has to go to trial, we will be well-positioned to defend the rights of both you and your child.

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Why You Should Initiate Legal Action in a Daycare Child Abuse Personal Injury Case

Parents or guardians of a child who suffers daycare abuse should pursue litigation in the form of a personal injury lawsuit for two reasons. Number One, the purpose of a civil lawsuit is to hold responsible parties accountable for the negligence that led to the abuse of a helpless child and to deliver justice. By undertaking legal action, the liable parties can be identified in a public forum as committing one of the most heinous acts possible, and this behavior can be eliminated so that no other child or family will ever again have to experience the pain and trauma of abuse from those parties. Many times, the need of parents to see justice served is the main motivating factor for pursuing legal action against the person or entity responsible for their child’s suffering.

In addition, another goal of a personal injury lawsuit is to ensure that affected children and family members are fairly compensated for the damages they have incurred in such a case. There are many ways in which financial losses can occur. Many times, damages include any past or future medical expenses that may arise from the injury that goes toward treating the child’s pain and suffering, mental or emotional distress, and improving his or her overall health. Other costs could be incurred due to impairment or disfigurement. Judges or juries can decide to award punitive damages to plaintiffs in a daycare child abuse case should they deem the occurrence of the abuse severe enough. Such an award would possibly cripple the offending facility financially to such an extent that it may have to cease operations.

Again, however, while the pursuit of compensation is many times not the prime motivation for legal action, it remains a necessary component of any personal injury litigation. That compensation can help guarantee a family will not have to struggle financially along with the struggle they are already experienced in trying to help their child get through an incredibly difficult time emotionally. Such an experience can, unfortunately, last a long time and require years and years of either physical or emotional therapy.

How Our Law Office can Help

Should your child and family suffer the devastating effects of daycare child abuse, do not hesitate to get your child immediate medical attention and then contact the proper law enforcement and child protection agencies. After you do so, begin to consider any legal options you might want to pursue and call the daycare abuse attorneys with our Law Offices toll-free for a free and confidential consultation.

We will carefully listen to all the details surrounding your case, and answer any questions you may have concerning possible legal action. If you choose to pursue litigation, we will help you start the process, and then we will launch a detailed investigation in order to properly assess the next steps to take in the matter.

The attorneys at our Law Office stand ready to assist both you and your family through what is an incredibly trying time. We will work tirelessly to ensure that those responsible for causing this turbulence in your lives will be brought to justice and held fully responsible for their negligence.

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Daycare Worker Negligence
Daycare Abuse Liability and Negligence Discussed by Texas Attorney

When it comes to winning daycare abuse personal injury lawsuits, our attorneys have some of the best records in the state of Texas. Our team of knowledgeable and experienced litigators has more than twenty (20) years of courtroom victories.

Our Law Firm has fought for the legal rights of daycare abuse victims. Our ongoing advocacy for the rights of the young is relentless. Read this article to get a better understanding of the rights of your children as it pertains to Daycare Abuse and your possible legal recourse. Call our Texas daycare abuse lawyers today.

In any corner of America, the daycare industry is big business. The industry’s momentum is due partly to the women’s lib movement because women wanted to have their careers, their husbands their big houses with the picket fence, and their children too. Another reason for momentum in the daycare industry is the increase in the cost of living. At one time the husband or man of the house was not just the primary breadwinner. He was the only breadwinner and the woman was a housewife. That was before it took two incomes to do what one income used to do.

When Can An Individual or Individuals Be Held Negligently Liable for Abuse At A Daycare Facility?
In daycare abuse cases the legal guardian or parent of the injured child has a legal right to proceed on behalf of the child who has been injured. What they might not expect is that the burden is on the parents or guardians of the victim to show negligence or abuse took place before a lawsuit against the daycare providers can be filed.

Supervisors who are allegedly negligent get the most complaints. This is the type of complaint that might be filed against any daycare employee who is directly involved with the children or even remotely involved at the daycare such as a van driver, a custodian, the chef, or even a subcontractor that delivers to the establishment. Negligent supervision claims normally are filed when the adult in charge who is responsible for the overall security of the children does not deliver on that obligation.

For some people who are unfamiliar with the law, a misunderstood theory called Negligent Entrustment trips them up. Negligent Entrustment is important to any personal injury case because it means the difference between a lawyer and client getting a favorable judgment with no financial recovery or the lawyer and client getting a favorable judgment and an acceptable financial recovery for the client. Imagine a daycare worker turning her back on toddlers riding tricycles just a few feet away from the see-saw when her cellphone rings. The daycare worker turns her attention to her private conversation and away from the children who are playing dangerously close to the see-saw. Children naturally can sense when there is no adult paying attention. That’s usually when they make their move. As the two older children play on the see-saw the other young toddlers peddle close enough under the see-saw and it struck slightly on the head by a child on the see-saw. Although it could have been worse, the toddler on the trike falls off and onto the ground and starts to scream and cry. Just like dominoes, the cries of one child cause the other children to chime in. In this scenario, the daycare employee was within earshot, but she might as well have been on the other side of the playground because she wasn’t paying attention and a child was hurt in the process.

After checking her employee file it turned out that the negligent employee has been written up several times before for using her cellphone when she should have been giving her undivided attention to her job, which is watching the children. In this case, the worker and the daycare facility can be held liable and be co-defendants in a personal injury lawsuit. That’s because the daycare facility knew about this worker’s less than stellar behavior and failed to make sure the worker didn’t continue her violations. So court documents might charge workers with claims of inexperience, incompetence, or behavior that is unfit for the duties entrusted to them.

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Daycare abuse lawyers

Our Texas daycare abuse attorneys have the highest moral and ethical standards. So throwing everything against the wall to see what sticks is not how we operate at our Law Office. We will conduct a thorough investigation and gather evidence to support our claims. Still, any attorney worth his weight knows that the owner of the daycare is a better defendant than the daycare worker because owners have access to enough money to pay any damages awarded. Daycare workers earn only a few dollars more than minimum wage.

When it comes to daycare owners, they are more likely to drop the ball on follow-through in the hiring process. It’s called Negligent Hiring. As with any growing business, it takes a number of people in different capacities to come together and create a well-oiled machine. So in the haste to fill vacancies owners don’t do their due diligence when it comes to background checks and the like. Just because someone knows his or her craft doesn’t mean they are the right fit for your company, especially if children are your main clientele. If they come in contact with the children at any time they should be checked against any pedophile registries, for any criminal backgrounds and they should have to take a drug test to get hired and be subject to periodic drug testing during their employment. If not the results might be tragic. In the past, daycare owners have realized that employees had criminal backgrounds that include mental illness, child molestation, and rape.

Texas law makes a parent or guardian eligible to file lawsuits on behalf of a minor child, regardless of if the injured child suffered emotional, physical, or sexual abuse or neglect. There are some common theories of negligence that the daycare abuse attorneys look for in every case. If the lawyer and investigators can confirm and prove any of these cases of liability against the daycare owner or workers, then a personal injury lawsuit can be filed. Not only is this legal claim brought on behalf of the wounded youth, but bring a legal claim such as this will send a message to every daycare provider who is sure to hear about the lawsuit and take note. It sends a message that there are consequences to abusive and neglectful behavior against a child in your care.

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Choosing a Daycare & Steps to Keep Your Child Safe

Although it’s up to the individual to choose the best caregiver for their child, the Consumer Protection Board says there is a recommended process. Daycare abuse is a fact of life and sometimes the effects can be long-lasting and life-changing. So choose a daycare facility that is:

Licensed by the state of Texas and one that will permit surprise visits by parents or legal guardians of the children at the daycare; then take the liberty of showing up for one of those surprise visits and do a walkthrough of the daycare facility before you sign up your child to attend; Know where the bathrooms are to make sure they are not too far away from the main area where children will be. Ask questions about who monitors the children, who takes them to the restroom, and who will be in contact with them. According to reports, more than fifty (50%) percent of all daycare sex abuse claims are said to happen in the bathroom. A large percentage of sex abuse happens during nap time. So be sure to ask if nap time is monitored and if so by whom. Definitely take note of daycare rules for conducting background checks and drug screenings on employees, including what kind of criminal offenses are acceptable for potential employees.
Find out who will be spending time with the youths in addition to the screened staff, and for how long. In a perfect world, we wouldn’t have to screen employees and our children always would be safe. But it’s not perfect. Research shows that sexual abuse in addition to physical abuse and exploitation occurs because a trusted member of the child’s caregiving team is somehow involved. It might be the van driver, or the custodian, or even a relative. In thirty-six (36%) percent of all abuse cases investigated, children become the victims of sexual molestation at the hands of a family member who is the relative of a staff. Those relatives turn out to be the husband or the son of a daycare worker or owner most of the time. So beware and be certain that your child has limited to no contact with these kinds of people. Ask about how many employees are employed by the daycare facility and how many of them will be near your child. Ask about the discipline policies and how they might address bullying at that age.

Inquire how many employees work at the daycare facility and how many of those employees will be in close contact with your child. Statistics on daycare abuse show that the abuse is usually at the hands of persons not directly involved in the supervision of the child. Insist that your child’s interaction and contact with all other service personnel at the daycare is limited. Statistics on a nationwide study of daycare abuse state that while in daycare facilities, it was the family members of daycare staffers that had easy access to the innocent children. Once you have done your due diligence to make sure your child’s environment is a safe place, engage your child in conversations about his or her daily activities when they return home. Regularly question your child about their day and activities while at the daycare. Listen to their answers and take note of their body language. If there is something that doesn’t feel right or sound right, trust your instincts.

If you suspect that your child is the victim of daycare abuse, contact our Texas daycare abuse lawyers to discuss your case through a free initial legal consultation.

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Negligence Can Occur if the Public is Not Properly Warned of a Defective Product
There’s another classification of manufacturer negligence when it comes to product liability. They can be just as careless when they don’t fulfill their legal obligation to warn those who buy their products of the possible risks that can be connected to that product. Failure to inform the public of their defective products also makes them responsible for damages when people are injured through normal use of their goods.

Today we see product manufacturers warning their customers of the possible dangers of using their products with even greater frequency. One example surrounds drug companies’ television commercials with more time spent on disclaimers than the benefits of their magical elixirs. Another is a large amount of fine print at the bottom of advertisements in magazines and newspapers. There’s a reason for that fast-talking announcer, who you can barely understand, that you hear in the last five seconds of a radio commercial incomprehensibly warning you of possible danger or conditions that might release the manufacturer of liability if a product is not used properly. These are all instances of manufacturers meeting their legal responsibility to warn customers of the risks associated with their product, even if the letter of the laws that govern such warnings are met more than the actual spirit to which the intent of the law.

Be that as it may, it’s safe to assume that all of these companies have learned, the hard way, that they must warn their customers of these dangers associated with their products.

Strict Liability Claims: Where Often, the Manufacturer Just Says “DOH!”
Sometimes a manufacturer is responsible when designing and assembling a product. Once it hits the market it becomes apparent that the device was simply a bad idea from the start. This often comes about when news reached the manufacturer that some people end up using it improperly or in a way the manufacturer did not originally intend. Because it’s used in unanticipated ways the manufacturer did not originally anticipate, injuries occur. In the early ’60s, manufacturers of roller skates never envisioned that enterprising youngsters would nail them to pieces of plywood and create skateboards. When children started getting hurt, roller skate manufacturers found themselves being sued. They re-tooled and started making skateboards, along with reams of disclaimers stating that daredevil kids bought and used the devices at their own risk. A new industry was born, and created a legal term, “acceptance of risk disclaimers.” Though part of that story is beside the point, it does underscore the fact that even if a manufacturer issues a recall, it is still legally responsible for their products, even if it might be reasonably modified for use in a way not intended or foreseen. The recall is not a shield from liability for damages suffered by those who are injured when using a defective product. So those who are injured can be awarded damages through a strict liability claim.

One famous example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called “Lawn Darts.” The object of this outdoor game was for players to throw large darts that looked harmless enough, but for their sharp-pointed metal ends, across a lawn toward some target on the ground. But it doesn’t take a genius to see that these game pieces could easily become missiles of tragedy if they’re used improperly, or the players aren’t paying attention when one is zeroing in on them, whether by accident or not. Even though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn’t relieve them of responsibility for damages from injuries that arose from this “game.”

This is an ideal example of a product that’s designed and manufactured properly but is still a danger to the public because it was ill-conceived, regardless of how it is used. It is also a classic example of how an experienced product liability lawyer would apply a strict liability claim when a product is patently unsafe. There are many stories about people who are injured by innocent-looking and supposedly well-made products that just don’t belong on the market to begin with regardless of whether they are used properly or improperly.

The product liability attorneys of our Law Office understand the nuances of product liability law and the way they are applied to each specific case. We can quickly determine the best choice among several legal options that are open to you if you are considering a product liability lawsuit and have true grounds to bring such a suit. We will thoroughly investigate the matter and help you be fairly compensated for injuries suffered due to dangerous products.

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Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State

These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. If you take time to read some of the fine print at the end of the commercial, you will note that the lawyer you are supposed to call is in Connecticut, Delaware, or some other state far from Texas.

This is likely a commercial in the interest of some class action product liability lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed higher on the court’s docket. Then, when the class wins (or their lawyers have settled) they get to take a fair piece of a very large monetary compensation package. Some class-action suits have produced eight and even nine-figure injury awards. A class-action suit can be a remedy for you if you can find enough people who have suffered the same injuries or have the same manufacturer in their crosshairs. It’s not easy money. Nor is it one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still, get a nice fee to do little more than “client intake” work. The way we see it, such firms are really getting nothing more than a sales commission, not actual legal fees. All these intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two and get a “cut” of the legal fees for their minimal contribution to the lawsuit.

We’ve been approached by out-of-state class action firms many times. But we decline all offers unless we do real legal work done on behalf of the clients we take on the case’s behalf. We do this for a very simple reason. We represent clients. We don’t bird-dog for other law firms. There are synergistic elements to class action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out-of-state attorney-of-record might have the sort of reputation we are uncomfortable with. We are all judged by the company we keep.

We have enough experience by ourselves to handle class action product liability suits. But we prefer to be the primary counsel of record. Who knows? With the help of a product defect attorney with our Law Office, your product liability case might be the first wave of what could become a class-action suit. We want you to know you will never be someone else’s number to us. So if you see a commercial that leads you to an out-of-state lawyer remember what you might be getting into and call someone local. It’s always your best bet.

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Without an Experienced Defective Product Attorney, You are at the Mercy of Powerful Opposing Forces

It should come as little surprise that those who pursue a product liability claim without competent legal counsel or worse, without any attorney at all, have very poor prospects of successfully winning damages from defective product manufacturers. They end up getting stuck. This is because you will find yourself opposed by the defendant manufacturer who’s worried about the impact of your lawsuit on his already razor-thin profit margins. The manufacturer will be represented by a courtroom full of excellent attorneys. Behind the scenes is the manufacturer’s insurance company who is helping them because the insurance carrier is the one that will likely be writing the check. And all work synergistically to deny your claim of damages.

The opposing attorneys use every trick in the book – legal or otherwise – to convince a jury that your lawsuit has no merit. If they fail to do that, they’ll then claim that the damages you seek are excessive and unreasonable. They also do everything they can to delay your day in court with a flood of motions and other legal arguments, while at the same time offering you so paltry a settlement amount that it couldn’t possibly pay all your damages, pain, and suffering the defective product has caused you or someone in your family and maybe even a small child.

Sometimes these manufacturers, lawyers, and insurance companies KNOW a product is unsafe. That still doesn’t stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you do it at your and your family’s peril.

If you’re thinking about taking up the offer of a relative or friend who is a lawyer to represent you, you might want to seriously reconsider that plan. For even though he or she might be looking out for your best interests to fight hard for your rights in a defective product case, unless this person is experienced at beating product manufacturers and their insurance companies, your attorney’s good intentions might result in your side taking a knife to a gunfight.

Often, your poorly-selected lawyer might have a difficult time emotionally detaching him or herself from issues surrounding your case because of that personal association. Personal injury law is quite intense and extremely contentious. Your attorney must be pragmatic, focus solely on the facts of a case, and be very cool under in order to succeed for you. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now? How will you feel about your friend or relative then? You will be very wise to keep your family members and friends out of your legal business when deciding who will represent your defective product liability lawsuit most effectively.

Isn’t your best strategy one that involves retaining a competent product liability lawyer with our Law Office who has experience in matters surrounding defective product lawsuits?

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The Product Liability Lawyers of our Law Office are Here to Help You

Our product defect attorneys have been handling these cases for more than 20 years. We know all the ways in which manufacturers and their attorneys try to prevent you from collecting the damages you deserve once we understand that your injury justifies bringing such a liability claim

We thoroughly investigate every case in order to make it as strong as possible. We are dedicated to helping you recover, physically and financially, by getting the largest, and fairest, damage award possible. Our product liability lawyers have a long and successful track record of representing our clients in court, as well as negotiating fair damage settlements without the need to litigate. Because most of these opposing lawyers know us, our ability to develop strong cases, and our reputation for aggressively representing our clients in court, many of them would rather settle than take us on in a courtroom.

If you suspect you have been injured by a defective product, contact a product defect attorney at our Law Office toll-free. Ask any and every question you can think of so you’ll completely understand defective product injury law and how your case might best be pursued. We help provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you fairly for your injuries caused by their products.

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Defective Tire Lawyer
Our Attorneys Can Help You Recover Following a Car Accident Due to a Defective Tire

Some people might say the most important part of a car is the engine. Others might argue it’s the transmission, while still others may claim it’s the braking system. But it’s hard to argue that, from a safety standpoint, the most vital component of a car is the tires. After all, it’s the only part of the vehicle designed to come in contact with the road. If you have any sort of problem with your tires, a devastating accident can occur that can change your life and the life of those in other cars you may come in contact with.

Automobiles that suffer a tire blowout while cruising at 60 miles an hour or faster on the highways in and around can cause massive injuries or even death. Any property damage that may take place can also be significant.

From a legal perspective, there are many varieties of automobile accidents. Those that involve a rollover are typically caused by a blowout of a defective tire. This type of accident differs in several ways from other kinds of truck or car wreck, so they are litigated in a somewhat different fashion than “normal” car accidents. You should enlist the assistance of a defective tire lawyer who knows the subtleties and intricacies involved in rollover accident litigation so that you have the best chance possible for getting just restitution for any losses you incur as the result of such an accident. Doing so will not only give you the best chance at obtaining fair compensation, but it will also hold responsible those who played a role in causing it.

Rollover accidents differ from typical car wrecks due to the extent of property damage and injuries that can occur as a result. Many times, debilitating injuries and deaths are commonplace in this kind of occurrence. It is imperative that you have a seasoned accident liability attorney on your side because many insurance companies will try and make you an insulting settlement offer. Others will try and flat-out deny your claim. You not only need to employ the services of a defective tire lawyer, but you also need to do it quickly. If you hesitate, you will likely be unable to combat the efforts of the insurer to deny your claim. Plus, there are many other nuances of rollover accident litigation that make it almost impossible for someone with limited or no legal experience to win. An experienced attorney can help you win your case and get you the just compensation you deserve for your injuries and expenses you’ve incurred as a result of the accident.

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The Difference Between Rollover Accidents and Other Automobile Accidents

Normally, there are significantly more potentially responsible parties concerning a rollover accident than there are in the typical car wreck. When defective tires are the cause of the rollover, the tire manufacturer could be partly to blame. There is also the chance, however, that the tire or tires failed because of several combined factors. Some of these factors include:

Inadequate mounting or installation of the tires, either at the time the car was purchased or during maintenance by a mechanic or other automobile service technician.
The tires might have been inadequately maintained.
The tire that was mounted to the car may not have been appropriate for the car’s specifications. If this proves to be the case, the car’s manufacturer, or the dealer or individual who sold you the car, could bear a portion or the entirety of the liability.
There are many other factors that could have played a role in causing the rollover accident. All potential factors must be considered, and then the appropriate degree of liability has to be assigned to each responsible party. In order for this to be possible, a very thorough investigation of every single factor that might have contributed to the failure of the defective tire has to be examined in detail.

In the early 2000s, there was a high-profile investigation involving a rash of Ford Explorer rollovers that were blamed on Firestone tires. The media interest, in this case, was intense, and many outlets pointed an accusatory finger at Firestone. However, the ensuing investigation found that no one reason for the rollovers could be determined. Rather, there were several different liable parties. First, the investigation determined that the Ford Motor Company had done an inadequate job of establishing tire specifications for Explorers, resulting in the mounting of mismatched tires on the vehicles. After the vehicles were brought to market, several other factors combined led to the rollovers, such as improper maintenance and inaccurate tire inflation specifications. This story is an example of how several entities responsible for the design, selection, manufacture, installation, or maintenance of tires can share blame and liability for a rollover accident that leads to an injury. Thorough investigations, however, can result in the vehicle manufacturer also being held liable. The following is a list of a few of the causes of the Explorer/Firestone rollovers that were applied to Ford and can be assigned to other vehicle manufacturers in the event of a rollover accident. Some of these include:

Design of the suspension of the vehicle in terms of its rollover resistance when empty or loaded.
A vehicle’s crashworthiness. Some vehicles are better at protecting occupants in the event of a rollover crash than others. There are some instances where a car’s seat belts proved to be malfunctioning at the time of a rollover.
The effectiveness of supplementary safety equipment like airbags can sometimes come into question.
There are a variety of other factors that can often be uncovered once a detailed investigation of a rollover accident is concluded.

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Tires are Built to be Durable, but that Doesn’t Mean they Always Are

The advanced technology found in today’s tires makes them a lot more complex than you may believe. Many people think of a tire only as a balloon made of rubber that keeps your car in contact with the street. A tire, however, is a lot more than just a round piece of rubber with a hole in the center of it. Tires are a critical component of any type of motorized vehicle, and they are made up of a wide range of materials that are combined through the process of vulcanization, otherwise known as heat treatment. Not only do they have a complex molecular structure, but there is also a lot more going on inside a tire than you might think.

The next time you’re riding down the highway or on a side street filled with potholes, give some consideration to your tires. Dealing with potholes is extremely rough on a tire. Factor in the wear and tear you put on your car’s tires when you have to brake suddenly, or you suddenly have to swerve, and it will become apparent to you just how hard it is for a tire to do its job. If a tire is properly manufactured and maintained, it is extremely durable and performs in a magnificent fashion.

Typically, a vehicle contains four springs that are the main components of the suspension system. Your four tires are often grouped together and known as the “fifth spring” because they absorb and release energy. The following portion is a bit technical but bear with us. This information is important to understanding just how your tires operate. Your car’s suspension has springs that have a fixed spring rate. Your tires, however, do not. If a tire is performing the way it should and is in good shape, it’s said to be acting like a “good spring.” Tires performing in the right manner keep your car from rolling, leaning, or “yaw” when you take a corner or make a lane change. Defective tires, on the other hand, perform in the manner of a “bad spring.” When this happens, the handling of your car can be affected in a significantly negative way. When you make a turn or change lanes on bad tires, you may feel that your car seems “soft” or “mushy,” especially if you have to make a quick action like swerving to avoid something in the road. If your tires feel this way, your car may be much more likely to experience a rollover.

The point at which your tires come in contact with the road is referred to as the “contact patch.” Due to the weight of your vehicle, the tires become pressed into a flat spot at the contact patch. Tires bend at the edges in reaction to a road’s surface. As that occurs, the part of the tire that contacts the road becomes flat instead of round. This causes compression energy that is released into your tires in the form of heat. It’s a function of basic physics – energy released in this manner turns into heat. In your tires can be found an extremely large amount of heat.

The heat generated by compression energy combines with other forms of heat generated by friction. Combine this heat with, say, cruising down the freeway on a 105-degree day, and you get even more heat your tire has to endure. All of this heat can significantly alter the structure of your tires. We all know how hot it can get in on a summer day. After you drive around for an hour or so on one of those blistering days when you get back home touch one of your tires. It’ll take a fraction of a second to pull your hand away because it’s almost like touching a hot oven surface.

This slice of Tire Physics 101 was brought to you because it’s important for you to realize the various characteristics possessed by tires, how they are designed for durability, and how inadequate mounting or maintenance can result in defective tires. All of these factors, in conjunction with the possibility that the tires attached to your car might not conform to the manufacturer’s specifications, and you can see how easily a rollover accident can occur.

Think about all of the torture your tires have to endure, and then think about the fact that tires are the only part of a car designed to come in contact with a roadway. Those contact patches only average a mere four cubic feet. Think about all of that, and hopefully, you’ll begin to get a clear realization of just how vital your tires are to the safe handling of your vehicle. The manufacturer of your car is charged with the immense responsibility of conducting incredibly detailed research in order to accurately identify the correct type of tire for that particular automobile. Quite a few rollover accidents have been caused by manufacturers establishing inadequate tire specifications for the car involved. This could very well have been the case regarding your accident.

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Complications Involved with Defective Tires and Rollover Accident Cases

Rollover accidents that occur due to defective tires usually begin as product liability litigation. To be successful in this kind of a case, you (known as the plaintiff in legal terms) and your attorney must satisfy the burden of proof in compelling a judge or jury to believe that either one entity or a combination of several entities committed negligence and caused the accident. These potentially responsible parties can include the automobile manufacturer, the company that manufactured the tire, and anyone who performed maintenance on your car’s tires. This can be the mechanic at the small shop around the corner or the technician at the big automotive chain store. More than likely there will be a significant number of defendants in your case, which will make it extremely complicated. That’s one of the many, many reasons why it is critically important for you to have an experienced defective tire lawyer working on your behalf to protect your rights and help you obtain the just compensation you deserve for the injury you’ve experienced and the losses you have incurred as a result.

Rollover accidents can cause debilitating and disabling injuries some people have to deal with for the rest of their lives. These kinds of accidents can also be fatal. The stakes in these kinds of cases are high, as well as the emotions, considering the multiple numbers of defendants and all the intricacies and complexities surrounding the case. As a result, the process can start out as professional and cordial, and then quickly devolve into contentious and stressful litigation.

The defective tire lawyers with our Law Office, when hired, will immediately begin a painstakingly detailed investigation of your accident. Physical evidence at the scene of an accident can be quickly altered, so it is vital that you hire a lawyer as fast as you possibly can in order to preserve the evidence necessary for you to win your case.

Part of this investigation is comprised of detailed research into the history of both your tires and your automobile. Experts who know tires and the nature of rollover accidents must be consulted. Anyone who worked on your tire has to be identified and interviewed. There are several forms that have to be completely and accurately filled out. Motions have to be filed and argued. This all has to take place just to eliminate the parties that did not play any role in the accident so that justice can be pursued against those that did play a role.

As hard as your legal team will be working to get you the restitution you have coming, you can bet the opposition will be working just as feverishly to deny your claim. There will likely be several defendants in your case and they will all view you as the enemy. Because of this, they will combine forces in an effort to defeat you. They will compare the vast array of notes they have taken and seek out any potential weak spots in your case. They will do whatever is necessary to assemble the most formidable defense they can. This is where the experience of our Law Firm can help you the most. We have tried many cases involving rollover accidents caused by defective tires, and we are extremely familiar with all of the intricacies and complexities involved. We can also handle all of the tricks and tactics the opposition will employ in an effort to destroy your case.

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Damages in a Defective Tire Rollover Accident

It’s important to note that the term “damages,” from a legal perspective, doesn’t mean actual damage to a person (like a broken arm) or to damage (like a broken windshield). Rather, it refers to the monetary value assigned to whatever losses you may have incurred. From a legal standpoint, there are two types of damages recognized by law in the State of Texas when it comes to cases involving personal injuries. They are general damages and special damages. General damages do not come with a set financial value. They are variable and, to some degree, somewhat a matter of opinion. There are myriad examples of general damages, but a few of the more familiar ones are pain and suffering, mental anguish, physical impairment, injury to the plaintiff’s reputation, and disfigurement.

Here is one example of the subjective nature of general damages. Think about a rollover accident where two victims are involved and the vehicle they are in explodes as a result of the accident. Both victims experience significant burns, but one of the victims is knocked out during the wreck. The unconscious victim was burned just as badly, but he did not suffer the incredible amount of pain experienced by the other victim. Both victims suffered the same extensive injuries, both incur about the same amount of medical expense to treat those injuries, and both will have to undergo the same kind of physical rehabilitation. However, they experienced a different level of pain and suffering as a result of the explosion. Obviously, the victim who was not knocked out went through a lot more agonizing pain than did the one who was knocked unconscious. As a result, there will probably be a significant difference in the amount of monetary damages to which each victim will be entitled.

General damages are also subjective because everyone goes through experiences in a different manner and is affected in different fashions by different occurrences. To illustrate this, consider the case of a 19-year-old model who has just started her career. She suffers major cuts to her face because of a rollover accident. The scars that will eventually result from those cuts will be with her for the rest of her life. In her case, she would be much more affected by being disfigured than would a 50-year-old janitor. Many people don’t care about how other people think about the way they look. On the other hand, many other people care a great deal about how people judge their appearance. There are other instances where a person’s reputation could be injured, and a lot of people find damage to their reputation just as traumatic as a disfiguring injury.

Special damages, on the other hand, are also called economic damages and are much more tangible. They have a specific monetary value attached to them. Examples of the many variations of special damages include past, present, and future medical expenses, lost wages, the loss of present and future earning capacity, property damage, and court costs.

Here’s a scenario of special damages. A 40-year-old carpenter is a plaintiff in this case, and let’s say he makes $60,000 a year. However, he had to have an arm amputated as a result of injuries he sustained in a rollover accident that was caused by a defective tire blowout. The job of a carpenter obviously requires an immense amount of work that can only be performed with two healthy arms, and this man can’t perform his job any longer. He spent years developing his craft, and he can’t do it anymore. He probably would have stayed in the profession another 25 years, give or take, so he will lose a huge chunk of potential earning capacity. By law in Texas, he has the right to try and collect $1.5 million in damages due to the loss of his potential future earning capacity. This amount will be added to any other specific or general damages involved with his case.

There is a huge difference, however, between being entitled to pursue damages and proving in a court of law that you deserve them. Convincing a significant number of defendants to give you a fair settlement so that all parties involved can avoid a trial is an entirely different matter. You have no guarantee that you will be successful in your case, and that is especially true if you don’t have the experienced defective tire lawyers of our Law Offices working to get you the compensation you deserve.

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Legal Avenues in Fatal Rollover Accidents

It takes a significant amount of experience and sophistication in order to properly determine and calculate the amount of damages a plaintiff is entitled to seek in a personal injury or wrongful death lawsuit. Experienced attorneys know how to properly appraise a case and maximize the amount of compensation an immediate family member or surviving spouse can attempt to obtain by pursuing wrongful death litigation.

There are basically two reasons for wrongful death lawsuits. The first is an attempt to garner just compensation for the loved ones of the deceased accident victim, and the second is to attempt to prevent a similar accident from occurring in the future by compelling those parties whose negligence led to the accident to change their policies and procedures. Civil law in Texas states that a defendant can, through a civil lawsuit, be held financially responsible for a death, even if the defendant is not found to be legally responsible for the death. If a party is facing criminal charges associated with death, a civil lawsuit can also be filed against that party.

Sometimes, while conducting an investigation regarding civil litigation in wrongful death, our lawyers uncover evidence that suggests the death was not due to an accident, but rather due to the intentional, malicious actions of another. When this is the case, we can file criminal litigation against that party. The majority of the time any monetary damages we obtain for our clients are to attempt to ensure the negligent actions of these parties never again occur.

The surviving family members of a loved one who died as the result of a rollover accident caused by a defective tire can seek the same kinds of damages that can be pursued by those who survive an accident. These damages can be in addition to the harm that may have been experienced by family members who survived the same accident. The amount of these damages are applied directly to the monetary value given to the harm that led to the death of the loved one, pain and suffering experienced by the family, and the value of the deceased’s lost income. Family members of a lost loved one can usually pursue both wrongful death and survival damages in wrongful death litigation.

The State of Texas allows, in this order, spouses, children, parents, and, in certain cases, dependent siblings to seek to obtain wrongful death damages in most vehicle accident cases. Such damages may include medical expenses incurred by the family member prior to his or her death, funeral expenses, the loss of consortium and unique familial love, mental and emotional suffering, and potential future financial support the lost loved one would have provided to his or her her her family. The closest living relative is the only one entitled to pursue the same type of damages the lost loved one would have been entitled to pursue had he or she survived the accident. The first family member who can seek survival damages is the spouse. If there is no spouse (usually, ex-husbands or ex-wives are not allowed to pursue survival damages), then the children have the right to file. If no living children exist, the right then shifts to the victim’s parents, and then, in rare instances, the brothers or sisters of the victim.

Medical bills and lost wages the victim would have incurred had he or she survived the accident are two examples of survival damages. Others include emotional or mental trauma the victim would have experienced had he or she survived, physical pain and suffering and lost future earnings due to any possible long-term injuries.

The only manner in which those whose negligent actions resulted in the death of your loved one can be held accountable for those actions is through wrongful death litigation. This kind of litigation, however, is normally extremely intricate and complex, due to the fact that the laws that govern these kinds of cases normally overlap. This is yet another reason you should think strongly about seeking the help of an experienced defective tire lawyer to assist you in getting the just restitution both you and your family have coming.

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A Financial Recovery from a Rollover Accident Shouldn’t Take as Long as a Physical Recovery

We have strived in this article to stress that litigation involving rollover accidents that occur as a result of defective tires can be extremely complex and, the vast majority of the time, only an experienced and skilled attorney can hope to win. If a rollover accident has resulted in an injury to you, you can’t hope to take the hundreds of hours it will take to launch and conduct a detailed investigation of the accident, to negotiate a fair settlement with multiple defendants, and win a case if you can’t reach that fair settlement. There’s just no way you can do it. You shouldn’t even consider trying to take this on.

The attorneys with our Law Office stand ready to help you pursue a fair amount of compensation in order to help you fully recover from a rollover accident. By removing the burden of pursuing litigation from your shoulders, we:

Help you to concentrate solely on healing both physically and emotionally from the trauma associated with your accident by assuming the often overwhelming aspects of legal action.
Shield you from the overly aggressive tactics insurance companies, and their legal representatives often employ in order to reduce or eliminate the money they might have to payout.
Conduct a painstakingly detailed investigation of the accident and gather evidence (both photographic and video if available), identity, locate and interview witnesses, sequester the vehicles involved and thoroughly inspect them, read police reports, and gather forensic evidence and catalog it so that it will be admissible in court.
Help you find affordable medical attention if you either have no medical insurance or are underinsured.
Attempt to negotiate a fair out-of-court settlement on your behalf, but at the same time prepare your case as if it will go to trial, whether it does or does not make it that far – the stronger your case, the larger any potential out-of-court settlement will be.
Our lawyers have an extensive amount of experience in rollover accident litigation, having won thousands of personal injury cases over the last two decades. We are determined to get each and every one of our clients the just compensation they deserve for the suffering they have needlessly incurred because of the negligence of other responsible parties.

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You can act as your own lawyer in rollover accident personal injury lawsuits, but it is never, ever advisable to attempt it. It is not sufficient to just have legal acuity to be successful in an automobile accident lawsuit. It definitely takes a vast amount more than an Internet search in order to win a case.

All attorneys have a large amount of classroom education. However, it takes years of experience in a courtroom in order for an attorney to learn how to litigate. Lawyers must be intimately familiar with each and every detail involved with deposing witnesses, investigating accidents, and following court procedures to the letter.

If a plaintiff attempts to navigate this incredibly complex legal maze without legal help, you can pretty much guarantee that plaintiff will commit some sort of procedural error that will lead to a judge throwing out the case immediately with no chance of ever reviving it. Those who represent insurance providers in rollover accident cases are jubilant when they encounter a plaintiff without legal help because they are convinced they will defeat such a plaintiff with little trouble.

Further highlighting the necessity of legal representation is the fact that an attorney with a proven track record of winning personal injury lawsuits will have a huge impact on your ability to get fair compensation without the need for a trial. The main goal of an insurance company is to protect its profits, and we can use that to your benefit. Attorneys with our Law Office have won thousands of personal injury lawsuits, defeating every major insurance provider in the United States and obtaining millions and millions of dollars in compensation for our clients. We can do the same for you. When an insurance company knows we’re in your corner, they’ll reconsider the wisdom of taking us on in court. As a result, they will significantly increase their settlement offer. We do all of this on your behalf, as you recover from the emotional and physical trauma you’ve suffered as a result of your accident.

You simply have to have a defective tire lawyer working on your behalf to protect your rights – a lawyer with a reputation for winning these kinds of cases, and one who knows all the intricacies and complexities involved, and how they all work together.

By employing the help of an experienced attorney, and both you and your attorney have determined that your injury entitles you to take legal action, you must know that those on the other side – the negligent parties, their insurance providers, and their team of legal representatives will already be hard at work trying to deny your claim and to keep you from obtaining the fair restitution you have coming to you. Whatever they can do to avoid any responsibility for the rollover accident that resulted in your injury or the death of your loved one, they will do. The multiple defendants in your case will work in concert to make sure you do not win your case. There are many potential avenues of obtaining compensation that you can take. Getting the help of a skilled and experienced lawyer is the biggest step you can make toward ensuring that all of the negligent parties responsible for the accident are identified and held totally accountable for your injury or loss of your loved one.

How We Can Assist You in the Event of a Rollover Accident
The defective tire lawyers with our Law Offices have been helping victims of rollover accidents, as well as their families, for 20 years. If you or a loved one have experienced suffering as a result of a rollover accident caused by a defective tire or tires, please call us just as soon as you possibly can (toll-free) for a confidential and free consultation. If you have experienced the tragic loss of a family member as a result of a wrongful death stemming from this kind of accident, please give us a call so we can inform you of how we can help you in a wrongful death lawsuit. We will gladly answer any questions you may have regarding the specific details of your case, and tell you how we can help bring you some peace of mind and assist you in moving forward with your life.

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Defective Cribs
Has Your Child Been Injured Due to a Defective or Faulty Crib?

We all believe that our children are the most important things in our lives. Consequently, we all would like to believe that any products marketed for use by our children would be made with that same overriding concern for their safety.

The reality, however, is quite different. Defective cribs, for example, come on the market more often than we would like to imagine and have the capacity to seriously harm or even fatally injure our children.

Contact the empathetic attorneys at our Law Office if your child has been injured or killed as a result of a defective crib. You well may be eligible to file a product liability lawsuit. After all, you deserve compensation for the damages done to you and your family. Plus, you deserve to see justice done to those negligent parties who were responsible!

Product Liability Lawsuits
Depending on the details of the situation, product liability cases may take on many different forms. A manufacturer may be held accountable in the case of a defective baby crib that consequently causes injuries or fatalities. In this case, you may file a lawsuit requesting a fair settlement because of the manufacturer’s negligence.

You may still be able to hold the manufacturer responsible even if the crib was designed properly and a child was injured in that crib. Manufacturers are responsible for their products and any injuries sustained from them under the statutes of strict liability. The manufacturer in this case would bear responsibility for the product as the producer although not because of any unintentional negligence.

The Stockcraft Baby Crib Incident
A report released from the United States Consumer Product Safety Commission stated that more than 2 million Storkcraft baby cribs were unsafe and had to be recalled. The culprit, in this case, was the hardware that held the crib together. It proved to be defective, thus allowing the crib sides to come off. Over the 16 years that these cribs were jeopardizing children’s lives, there were at least over 100 reported injuries throughout America.

This is not an isolated incident. The Stockcraft baby crib recall is but one example of the dangers that exist because of a defective product that can injure our children.

Our Law Office Can Help
You will need an experienced attorney on your team if you are going up against a large national or multinational manufacturer. Our attorneys are ready to take on the army of lawyers that these huge manufacturers will field in order to avoid paying out a settlement. We can not only help you seek full and fair compensation for your pain and suffering but also for medical bills and other damages that you suffered as a result of your child’s injuries. We will fight for the justice that you and your child deserve!

If your child has been injured because of a defective crib or if you have lost a child because of a crib defect accident, please contact the attorneys at our Law Office today. We may be reached toll-free. We are pleased to offer a free consultation and we are available 24 hours a day. Our attorneys look forward to discussing your specific case with you and to answering all of your questions.

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Mesothelioma Attorney
A Word from the Product Defect Attorneys of our Law Office on Mesothelioma & Asbestosis Due to Asbestos Inhalation

If you have recently received a diagnosis of mesothelioma or asbestosis from your doctor, you are likely to have several questions about your condition related to the causes of mesothelioma and asbestosis. Should you attempt to procure economic reimbursement through an insurance policy or seek the counsel of a trained attorney? What causes these conditions to occur?

The experienced attorneys of our Law Office are here to give details on what mesothelioma & asbestosis are, what your legal rights entail, and how we can help you seek fair restitution.

What are Mesothelioma & Asbestosis?
Mesothelioma is a type of cancer that can develop from asbestosis. It takes its name from the mesothelium, which is a membrane that lines vital organs. It is this membrane that mesothelioma assaults when it is malignant. The following are three different types of mesothelioma:

Pleural mesothelioma – the most common form of this cancer, accounting for 70% of mesothelioma diagnoses. Pleural mesothelioma targets the pleura or lung tissue lining.
Peritoneal mesothelioma – targets the peritoneum or abdomen tissue lining
Pericardial mesothelioma – targets the pericardium or heart tissue lining
Asbestosis is a condition that targets lung tissue, causing it to become inflamed. It occurs as a result of inhaling asbestos fibers over time. It usually shows up after many years. The condition of asbestosis can also lead to mesothelioma.

How do Mesothelioma & Asbestosis Develop?
Inhalation of asbestos fibers over a long period of time is usually how mesothelioma & asbestosis are contracted. What is asbestos, anyway? Asbestos most often refers to one of six natural silicate minerals that have a long history of use as insulation due to their heat resistance and sound absorption. The use of industrial asbestos today has been strictly regulated or even prohibited in numerous countries because of the perils associated with the effects of its inhalation in humans over sustained periods of time. These perils include an increased risk of contracting mesothelioma & asbestosis.

There has been much debate over the hazards to human health posed by exposure to asbestos and subsequent inhalation of asbestos fibers. More recently, scientific research has pointed towards a causal link between asbestos inhalation and mesothelioma & asbestosis. Since asbestos has been used for so long, why did it take so much time to establish the connection? The primary reason is that it usually takes a lot of time, several years or even decades, for the symptoms of these diseases to show up in people following exposure. Unfortunately, despite the growing concerns over the health hazards inherent in asbestos, numerous companies continued to make use of it in their industrial products. This use carries with it the potential to cause thousands of cases of mesothelioma & asbestosis. With approximately 10,000 deaths occurring annually from inhalation of asbestos fibers, asbestos lawsuits constitute the principal mass tort in the United States to date.

Let the Mesothelioma & Asbestosis Lawyers of our Law Office Assist You
There are many intricacies inherent in a case involving long-term asbestos exposure or inhalation of asbestos fibers after a number of years. Regulations must be researched and asbestos companies must be investigated. The job is frequently too difficult a task for the inexperienced lawyer. Fortunately, the case law for asbestos lawsuits has been well-established. Nearly a million lawsuits have been filed.

Mesothelioma lawsuit
Having an experienced mesothelioma & asbestosis attorney on your side is invaluable in attaining the financial reimbursement that you deserve. Our Law Office has 20 years of experience in dealing with these types of cases. During this time, the amount of mesothelioma cases we have won is numbered in the hundreds. The companies primarily responsible in these cases are well aware of us, and will frequently settle out of court to avoid the legal battle that will otherwise ensue. For this reason, we are regularly able to secure economic compensation for our clients without the hassles intrinsic to dealing with a court case.

If you or a family member is currently suffering from mesothelioma due to the long-term inhalation of asbestos, call our Law Office toll-free to begin your free consultation. Let the mesothelioma & asbestosis lawyers of our Law Office help you secure the appropriate financial restitution that you are entitled to.

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Defective Fireworks
Have You or a Family Member Been Injured due to Defective or Faulty Fireworks or Firecrackers?

Although fireworks can be fun on festive occasions, they also may be very dangerous. Each year over 15 people are killed in fireworks fatalities and another 50 are injured when these explosions go awry.

In addition to these physical injuries, there is an estimated $15 million per year in property damages that occur as well. Fireworks injuries can occur from both the defects that may be inherent in the explosives or from the fires that they may start. An injury from fireworks can result even from properly designed and correctly detonated consumer-use fireworks.

People injured in fireworks accidents have a wide variety of options if they are injured. Accordingly, it is best to have the assistance of an experienced personal injury attorney to help decide what the best next step might be. The attorneys at our Law Office have put together this brief article to help you explore your options and to give you basic information about fireworks litigation.

If a firework was improperly designed or manufactured then you may well be able to bring a lawsuit against the actual fireworks manufacturer. You may be able to initiate a strict liability claim in which even negligence is not a factor. In other cases, a fireworks seller will break the law by selling illegal fireworks or will sell fireworks to minors who in turn will use them improperly. If someone is injured in these scenarios then it is possible to file a personal injury lawsuit against the person responsible for your injuries.

There are, as you can see from reading this article, many different types of cases and conditions involving defective fireworks and general fireworks injuries. It is understandable that these may seem fairly confusing.

The attorneys at our Law Office have had over 20 years of experience successfully litigating personal injury cases, including accidents resulting from fireworks. During this period of time, we have won millions of dollars for our Texas clients, from manufacturers and insurance companies nationwide.

If you or a family member has been injured in a fireworks accident, contact our Law Office today (toll-free). We are available 24 hours a day and are pleased to offer a free consultation. We are standing by ready to discuss your case with you and to answer all of your specific questions.

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Food Poisoning Injuries
Salmonella, E. Coli & Other Food Poisoning Information from a Product Defect Law Firm

In the hyper-vigilant environment, our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.

As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.

There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. is safe for public use. When consumers are injured by-products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.

However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.

Radiofrequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.

In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. Our Law Office has helped victims of food poisoning for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.

Food Recall Lawyer
The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.

If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office (toll-free) as soon as possible for a free and confidential consultation.

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Motorcycle Accidents

Texas is a very popular state for motorcycle riders. Great weather allows bikers to enjoy the outdoors and many take advantage of the beautiful roads and wide-open highways. Unfortunately, this also increases the risk of motorcycle accidents. Riding a bike on Texas highways is a pleasure, but it also requires extra vigilance. Motorcycle drivers should always use defensive driving techniques to avoid being injured in a motor vehicle accident.

Like bicyclists, motorcycle riders involved in crashes run a greater risk of serious injury or death. Lacking the protection offered by the sturdy frame of an automobile, riders are often thrown from their bikes and make direct contact with the highway. Once they have been tossed from their bikes, riders are at risk of secondary pedestrian accidents with other vehicles.

If you have been injured in a motorcycle accident, you may be entitled to compensation. Call our office to speak with a lawyer who is experienced in motorcycle accidents.

Sharing The Highway
Motorcycles are subject to the same rules as other road vehicles and are entitled to the same courtesy and considerations. Bikers may share lanes with other bikers or simply ride alone. Since motorcycles are lighter than cars or trucks, they are more easily affected by high winds or rain. Drivers of larger vehicles who are sharing the road with motorcycles should take care not to crowd into motorcycle riders’ lanes.

Car drivers who have been in accidents with motorcycles often tell authorities the same thing ­- they did not see the motorcycle until it was too late. Some cars and trucks have areas of reduced visibility known as blind spots that can prevent drivers from seeing motorcycles. Motorcycle riders should be aware of other vehicles and consider such blind spots when making lane changes or sudden turns.

Good tips to help increase motorcycle rider safety include:

Always wear a DOT-approved helmet. Injuries and fatalities from both single and multiple vehicle accidents are reduced when drivers wear helmets. Those who ride bicycles are also encouraged to use approved headgear.
Do not drink alcohol or use substances that can impair your judgment or reduce your reaction times.
Wear eye protection if your helmet does not have a shield, and wear durable clothing to protect yourself from flying debris and contact with the road.
Do not automatically assume that other drivers can see you. Check and double-check before passing or making turns in front of other vehicles.

What Happens After Motorcycle Accidents?
Riders who have had an accident are often severely injured. Recovering from crash injuries can require months of medical care and rehabilitation. In addition to medical expenses, many people are unable to return to work in the weeks following the accident. Stress from mounting medical bills and lost wages can make getting back on track even more difficult.

Do you have questions that have remained unanswered? Call an attorney as soon as possible to get the help that you deserve.

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Pedestrian Accidents

Pedestrian accidents are alarming. Having no protection from the force of vehicle collisions, pedestrians who are hit by motor vehicles frequently suffer serious injuries. Sometimes the injuries are fatal. There were over 7,000 pedestrian accidents in one year alone and 190 of them resulted in fatalities. In cases where the individual was injured, the severity of the injury is often much greater for pedestrians than for other motor vehicle accident victims.

If you or a loved one has been injured in a pedestrian accident, you may have questions about who should pay for your injuries and expenses.

Call our office to speak with a skilled attorney who can provide answers to those questions.

What Laws Apply To Pedestrians In Texas?
Pedestrian laws in Texas are very specific. The enacted statutes contain definitions regarding the identification of pedestrians as well as guidance on how to resolve right-of-way issues for both drivers and pedestrians. When an accident occurs between a motor vehicle and a pedestrian or bicycle, law enforcement officers take particular care in recording the details and circumstances of the accident. Some of the data that accident investigators look for are:

What was the exact location of the pedestrian at the time of the accident?
Was the pedestrian in a crosswalk or on the sidewalk?
Was the area a school zone?
What was the speed and direction of the vehicle involved?
What time of day did the accident occur?
What were the weather and road conditions?
Were either the driver or the pedestrian impaired by alcohol or drugs?
Using this and other information obtained from witnesses to the crash, investigators try to recreate the circumstances that resulted in the pedestrian being hit. This helps the investigators determine who was at fault in the accident. The driver of a motor vehicle is responsible for exercising due caution when a pedestrian is on or near a street or highway. This is particularly true in cases where children are involved.

Injuries From Pedestrian Accidents Can Be Serious
Like bicycle accidents and accidents involving motorcycles, pedestrian accidents can result in very serious injuries. Some injuries may take months to heal and some may even be permanent. Hospital costs, rehabilitation services, and lost wages can affect the victim and his or her family.

In cases when someone has been killed, the effect on the family can be emotionally devastating. While monetary compensation cannot reverse the consequences of an accident, it can help make the process of recovery less stressful and can recompense for the unexpected end of life expenses.

The legal process of securing financial compensation can feel daunting. It is okay to wonder if you and your family are eligible for a financial settlement. Many families are not monetarily prepared for a sudden and expensive accident. You do not have to face it alone and possibly miss your opportunity to get the help that you need. These cases are time-sensitive, so do not delay.

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Bicycle Accidents

Whenever there is a motor vehicle accident involving a bike, the bicyclist almost always comes away from the crash with severe injuries. Every year, cyclists are injured or killed due to the negligence of drivers. Bicycle accidents can be very serious, and those who have been injured are entitled to compensation for their injuries the same as the victims of any other type of auto accident. Recovering from a bicycle accident can be tough. If you have been hurt, you may have questions about financial compensation for your injuries and expenses.

Call our office to speak with a skilled attorney about your case.

Bicycles Are Vehicles Too
Although most drivers don’t think of them this way, bicycles are vehicles too. They provide a reliable means of transportation for many people. In larger urban areas, bike lanes and bike paths are commonplace. When on a street or a highway, bicyclists are required to follow the same traffic laws as drivers and should be accorded the same courtesies. However, like motorcycle riders, bike riders are often difficult for drivers to see. The Texas Department of Transportation has addressed bicyclist and pedestrian safety as part of a statewide program designed to reduce the number of bike riders and pedestrians who are killed or injured each year.

Why Do Bicycle Accidents Happen?
While the state of Texas is committed to improving bicyclist and pedestrian safety by making road improvements and initiating bicycle rider education programs, here are some tips that can increase rider safety:

Wear a helmet: Always wear a helmet, even for short trips. The helmet should meet the current safety standards set by the American National Standards Institute (ANSI) or the Snell Institute. Helmets should be replaced after an accident.
Ride on the right: Bicyclists should ride on the right side of the road and with the flow of traffic. Wrong-way riding can be dangerous and is also against the law.
Use hand signals: Let drivers and other bicycle riders know what you intend to do.
Follow lane markings: Follow where the lane goes. Don’t turn left from a right turn lane or drive straight through a turn-only lane.
Obey traffic signs, lights, and laws: Bicyclists must abide by the same traffic laws as other motor vehicle drivers.
Use a light at night: The law requires a white headlight and rear reflectors on bicycles traveling at night.
Even when observing the safety tips above, some motorists do not pay attention to bicycle riders with who they share the road with. If a cyclist follows the above rules, yet is still injured because of a driver’s negligence, it is possible that the victim could be eligible for financial compensation.

If you have been hurt in a bicycle accident, our experienced attorneys can help you get the monetary compensation and resources you need to put your life back on track.

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Defective Car Parts

Have you been in a car accident that was caused by poor manufacturing or auto defects? Often, an accident that occurs from what seems like coincidence or bad luck is actually caused by negligent manufacturing or poor-quality auto parts. A case evaluation from a car accident lawyer may reveal if you have the right to pursue a monetary settlement because of this or any other common car accident causes.

If you believe an auto defect caused the accident you were involved in, or someone you love has experienced such an accident, call our office today. A car accident attorney can assess the details of your case.

Why Do Auto Defects Cause Accidents?
A large number of accident cases have turned out to be the result of auto defects. Many of the causes of the following accident are avoidable because they are considered a driver’s responsibility.

Balding tires
Improperly inflated tires
Poor wheel alignment
Not changing the oil or other fluids
Burned out or broken front or rear lights
Worn brake pads and rotors
Incorrectly connected battery
Cheaper parts fitted during at-home repairs to keep costs to a minimum
While the above problems may be the result of the owner’s maintenance negligence, occasionally a defect in the actual manufacturing of the car is found to be the cause of the problem. Examples of scenarios when car manufacturers could be at fault include:

Failure of brakes
Electrical faults
Hoods springing open during transit
Poorly fitted parts during a garage repair
High rollover probability
Gas leak or other hazards
Gas tanks designed in vulnerable positions
Tips on how to avoid a car accident caused by these types of defects include:

Proper and timely maintenance of your vehicle
Checking oil levels before long journeys
Regular tire pressure checks
Avoid having cheaper, unreliable parts installed to save money
Ensure tire tread is within high standards at all times
How Can An Attorney Help Me?
Even if you adhere to these basic safety points you still might have an accident caused by auto defects. Sometimes it is unavoidable and completely unforeseeable. If your car is regularly maintained and yet an accident occurred because of a faulty car part, you could be entitled to compensation. Many victims of this type of accident do not realize they could be awarded a financial settlement.

Like any other accident caused by negligent drivers, such as reckless driving or texting and driving‎, auto defect accidents should be carefully evaluated and taken seriously. It is possible to be a victim of bad tires or poor quality parts. The cause of these accidents may not be directly attributable to a specific individual. However, corporations and other business entities are treated as persons under the law and therefore are held responsible for negligent decisions. If you have suffered from this type of accident, you may benefit from contacting a car accident attorney and having your case evaluated.

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Dangerous Roads
To ensure the safety of its residents, Texas has an obligation to maintain proper roads and interstates. You may be entitled to a settlement if you have been involved in an accident caused by a dangerous and poorly designed road. Dangerous roads may not be a commonly noted cause of car accidents, but if you suspect that road conditions played a role in your accident, you could benefit from the services of a car accident attorney.

Are you concerned that dangerous roads played a role in your accident? Call us today and let us help you.

How Do Dangerous Roads Affect Accidents?
Dangerous roads may play a role in car accidents far more often than we realize. Some of the ways in which road conditions affect the ability to drive safely include:

Potholes
Poorly marked lanes
Hidden stop signs or yield signs
Road design does not allow for proper drainage
Dangerous curves
Unmarked intersections
Highway construction that is poorly designated or that affects the ability to drive safely
Lanes that are too narrow
These conditions by themselves may not seem that dangerous. However, when a car traveling at high speeds hits a pothole, for example, the impact can cause the car to turn over which can cause serious injuries. This is just one example of the many potentially serious accidents that could result from poorly maintained or designed roads.

Dangerous, poorly designed roads may cause some of the following types of car accidents:

Rollover accidents
Skidding
Hydroplaning
Accidental lane departure
Swerving and hitting a road sign or tree
From poor water run-off design to unfilled potholes, there are many possible car accident causes that a driver has no control over. Deteriorating roads are the responsibility of the state and the state may be held liable when people are injured. Unlike accidents caused by texting or speeding, it is difficult to know if dangerous roads caused your accident. Call an attorney as soon as possible to learn more about this.

A Strong Choice For Your Best Interests
Are you unsure regarding the specific cause of your accident? Were you driving safely at the time of the accident? It is possible that external factors outside of your control like dangerous roads in fact caused your accident.

A car accident attorney has the experience and knowledge that you need to pursue a monetary claim against the state. A case evaluation can reveal what factors played contributing roles in your accident and if you are eligible for financial compensation. If it can be proven that road conditions caused your accident, your attorney can help you file a personal injury lawsuit against the state of Texas.

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Back Injuries

If you were involved in a motor vehicle accident and sustained a back or spinal injury, an attorney may be able to assist you in seeking compensation. Spinal and back injuries are among the most common car accident injuries. An attorney will evaluate all the evidence regarding your accident and will inform you of your options. Being in a car accident that resulted in back or spinal injuries may be life-altering – it can affect your daily activities and chores.

You may have a claim for monetary compensation to pay for this devastating, unexpected event. Find out today by calling our knowledgeable attorneys.

The Effects Of Back Injuries
Back and spine injuries may affect your ability to work, communicate and perform everyday tasks. Injuries such as brain injuries, head injuries, or neck injuries may occur as a result of a car accident. When sustaining such injuries, life-altering changes to your life may have to be made. The location of the injury largely determines the severity of the damage. Common injury locations include:

Cervical, or neck: This type of injury usually results in quadriplegia, which means there is no function of either the arms or legs. If the injury is above C4, this person will more than likely require a ventilator in order to breathe.
Thoracic, or chest: This type of injury usually results in paraplegia, which means there is no function below the hips.
Lumbar, or lower back, and sacral, or tailbone: These types of injuries may affect the function of the hips and legs. Usually, they result in some type of loss of function.
Some of the most common back injuries include herniated discs, crushed vertebrae, lower back injury, and torn ligaments.

Clearly back and spinal injuries can have many long-lasting effects. Medical bills are one of the biggest struggles a person injured in an accident faces. Medical costs may include ambulance fees, emergency room fees, hospital stays, surgeries, medicine and equipment, rehabilitation, and much more. An attorney will work to ensure you receive an appropriate financial settlement to pay for your injuries.

What Will An Attorney Do For You?
If you were involved in an accident that resulted in a back or spinal injury, contact an attorney as soon as possible. An attorney will examine the nature and extent of your injuries and the circumstances of the accident. He or she will also interview witnesses and evaluate testimonies for helpfulness to your case.

You may be entitled to compensation. Back injuries may seem minor, but they often worsen over time and leave people in lasting pain. If your insurance companies have not been cooperative or if your claim was denied, an experienced and dedicated attorney will know how to make it right. He or she will fight to protect your interests and make sure you receive the best possible outcome.

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Head Injuries

Have you or a loved one been involved in a car accident that resulted in a serious head injury? Are you curious about what an attorney can do for you? Did you know that head injuries are one of the most common car accident injuries? An attorney will examine all the evidence and facts in order to determine if you are entitled to a monetary settlement.

Contact an experienced and dedicated attorney today. He or she is familiar with personal injury and wrongful death settlement processes. If you are unsure regarding the merits of your case or what your options might be, an attorney can help.

Do not take chances with your future by facing your case alone. Schedule an appointment with an experienced attorney by calling our office.

Types Of Head Injuries
A head injury is obviously more serious than just a bump on the head. A head injury may also coincide with a brain injury, neck injury, or even a back and spinal injury. Head injuries may not have outward or physical symptoms, yet they can be deadly. Head injuries may lead to very serious complications such as:

Comas
Lifelong issues with headaches
Loss of sensation, hearing, vision, taste, or smell
Paralysis
Seizures
Speech and language problems
Do not take a head injury lightly. Even if you haven’t lost consciousness or displayed external symptoms, there may be underlying hidden damage. The two types of head injuries are listed below:

Closed head injury: This type of injury occurs when the head is thrown forward or backward at a very fast speed and then suddenly comes to a halt. This causes the brain to strike the hard skull bone and may cause bruising of the brain or a brain bleed. Also, this may happen as a result of a driver hitting his or her head on the steering wheel or windshield. There is no wound that causes an opening to the skull with this type of injury. The most common type of closed head injury is a concussion.
Open head injury: This type of injury occurs when an object penetrates through the skull and causes an opening. This may result from windshield fragments, an object within the vehicle, or striking an object after being ejected from the vehicle. This type of injury is more serious than a closed head injury and may lead to severe brain trauma. The main concern with an open head injury is the possibility of infection leading to permanent brain damage.

Get Started Today
If you were involved in a car accident that resulted in a head injury, you should consult an attorney immediately. An attorney will examine and evaluate all the relevant information. From there, he or she will formulate a unique plan to help you pursue the best possible compensation settlement. It’s always a good idea to take swift action when it comes to head injuries. See what an attorney can do for you. Do not miss out on receiving just compensation for your pain and suffering.

Let one of our experienced and dedicated attorneys help today. Contact our firm as soon as possible.

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Neck Injuries

Have you or a loved one been a victim of a car accident that resulted in a neck injury? Do you wonder if you are entitled to a settlement? You should contact an experienced and dedicated attorney today. An attorney will research your case in order to determine if you are eligible for a settlement to compensate you for your injury. Many common car accident injuries form the basis of valid claims.

You may be wrong if you believe you aren’t entitled to compensation for a car accident injury and the hardship it created. Neck injuries are one of the most common car accident injuries. An attorney is a great resource and will advise you on your personal injury case.

Start today. Contact one of our experienced and dedicated attorneys and schedule an appointment.

Long Term Effects Of Neck Injuries
Types of neck injuries include whiplash, neck fractures, crushed vertebrae, neck sprains, and others. Whiplash is the most common type of neck injury resulting from a car accident. For example, rear-end accidents at low speeds commonly result in whiplash. The head is jerked rapidly forward or backward resulting in neck pain that may last only for a short while or for a lifetime.

Pain that is associated with whiplash includes neck soreness and stiffness, frequent headaches, mid to lower back pain, and even numbness in the upper extremities, depending on the severity of the injury. If you have a neck injury, you may also have a head injury or back injury.

A severe neck injury may result in long-term consequences. Medical bills are a heavy burden when it comes to any type of injury. An attorney will be able to assist you in determining if you have a monetary settlement claim. An attorney will examine several issue areas in particular and will want to know:

Were alcohol or drugs involved?
Were traffic laws broken?
Which driver was determined to be at fault?
Did the driver remain at the scene of the accident?
These answers will help in determining if you have a case and if so, the extent of the compensation you are entitled to. You may be eligible for money to help pay for medical costs, loss of work, automobile expenses, emotional troubles, and many other hardships associated with the accident.

Get Started Today
Seek the care of a physician right away if you have been involved in a car accident that resulted in a neck injury. Neck injuries may require extensive medical attention. In addition, if you are unsure about the rights you have following an accident, contact one of our experienced attorneys today. They will have the answers to your questions.

An attorney will look out for you and keep your best interests in mind. His or her goal is to ensure that your rights are protected. While no guarantee can be made regarding a settlement amount in any individual case, an attorney will strive to seek a fair and reasonable award. Do not face this situation alone. Let an attorney guide you through the entire legal process.

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Motorcycle Accidents

One of the increasingly common types of motor vehicle accidents over the past several decades is motorcycle accidents. Although automobile death numbers have declined over recent years, motorcycle fatalities have more than doubled in the last decade alone. Motorcycle accidents have become so commonplace that they have been deemed one of the “greatest highway safety challenges our nation faces” by the U.S. Department of Transportation.

Call today and speak with an experienced attorney who specializes in motorcycle-related accidents.

Sharing The Road With Motorcycles
Though some may consider a motorcycle a lesser vehicle than a car, it is still classified as a motor vehicle. Basically, that means motorcycles and motorcyclists have the same rights and privileges as other drivers and vehicles on the roadway. Though motorists should always be diligent, drivers can always use a friendly reminder to be extra alert and to safely share the road with motorcycles. Likewise, motorcyclists should keep as purposely visible as possible to help prevent accidents, as are bicyclists.

How To Fix The Problem Of Increased Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) has taken steps to address the nationwide problem of increasing motorcycle accidents and their related fatalities. Some of these steps include the following:

Developing programs to reduce dangerous driving behavior and reinforce safety
Increasing funding for motorcycle safety research
Providing motorcycle rider training for all who need or seek it
Identifying critical crash avoidance skills and new technologies
Ensuring all helmets meet required safety standards

Characteristics Of Motorcycle Crashes
Motorcycle rider fatalities have been at an all-time high: over 4,000 per year and steadily reaching 5,000 marks. There has been a significant increase in deaths in the 20 to 49 age group. Ages below 20 and above 59 have seen a marginal drop but still remain high at almost 300 per year.

The U.S. Department of Transportation has compiled a list of major characteristics associated with motorcycle crashes. The following are the most frequent statistics related to motorcycle accidents:

The majority of those injured or killed were Caucasian, followed by African-Americans at 9 percent, Hispanic at 7 percent, and Native Americans at 1 percent.
Of the motorcyclists who were fatally injured, 45 percent did not wear helmets.
Twice as many motorcycle fatalities occurred on weekends as opposed to weekdays.
Over the last 10 years, 90 percent of motorcyclists killed were male.
Though there are many external factors that contribute to the increase in motorcycle crashes and resulting injuries and fatalities, the increasing popularity of this mode of transportation, the relatively low cost of the vehicle, and the fuel efficiency have all contributed to a general increase in actual motorcycles on our roadways.

An Attorney Can Help
If you or a loved one has been involved in a motorcycle traffic accident and received injuries or if a loved one has been tragically lost due to a motorcycle accident, you may have a strong case for personal injury or wrongful death compensation. If the negligence of another caused your accident, speak with an experienced attorney to receive help today.

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Bicycle Accidents

Cyclists have a unique perspective when traveling our roadways. Unlike riding on a motorcycle or moving in a car, trekking by bicycle has a truly personal aspect. Though undoubtedly liberating, sharing both the streets and the outdoors places a cyclist in a uniquely vulnerable position to both the environmental elements and to the more precarious human elements. Perhaps you have already drawn the conclusion that many motor vehicle accidents are due to the negligence of the driver instigating bicycle accidents.

You may have already experienced the aforementioned precarious human elements firsthand and you’ve been involved in a bicycle accident. When a bicycle and car collide, it is a deadly mix and the chances of a cyclist surviving unscathed are next to none. Why did this accident have to happen to you or your loved one? Why are you and your family left to suffer all the consequences?

If you are questioning whether you have a potential case, call to get your questions answered by an experienced attorney today.

Most Frequent Causes Of Bicycle Accidents
Anytime a motor vehicle and a bicycle occupy the same general space, there is always the potential for an accident to occur. There are numerous ways an accident can happen. The most influential cause, however, points to the behavior or actions of either the cyclist or the driver. The unfortunate or poor choice conduct sets into motion an ill-fated outcome.

The following are frequent causes of bicycle accidents:

Bad weather
Fatigue or distracted driving
Drunk driving
Speeding and reckless driving, veering into the bicyclist’s lane
Following too closely or attempting to pass a cyclist without adequate space
Failure to see the cyclist
Regardless of the reason, a severe injury or tragic loss has occurred in your recent crash. If you have any legal questions regarding liability or compensation for your recent bicycle accident, an attorney is ready, willing, and able to help.

If you or a loved one has been involved in a bicycle accident due to the fault of another and sustained personal injuries, you may be eligible for compensation. In the tragic event of the loss of a loved one, you may have a strong case for wrongful death compensation.

When pursuing a personal injury or wrongful death suit, questions regarding the law and compensation can be assessed by a qualified attorney experienced in accident cases. You and your family have been through enough already. Don’t passively sit by and allow another’s negligence to rob you of anything further. Speak with an attorney today.

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Pedestrian Accidents

Perhaps the most frightening types of motor vehicle accidents are pedestrian accidents. A pedestrian is totally defenseless in an accident. A person is completely exposed and without any type of shield or buffer. When coming into contact with a vehicle, pedestrians are the most susceptible to grievous and fatal injuries.

If you or a loved one has been involved in a pedestrian-related traffic accident and received injuries, don’t face the painful aftermath alone. To get answers to all your legal concerns, consult with a personal injury lawyer who specializes specifically in all types of car accidents.

Call to get your questions answered by an experienced attorney today.

Who Is Considered A Pedestrian?
The answer is that everyone is a pedestrian. At some point in time, each one of us has used a sidewalk or a crosswalk or even taken a stroll along a walking path. Therefore, when we hear from the National Highway Traffic Safety Administration (NHTSA) that pedestrian fatalities have increased to over 4,000 a year and over 69,000 people have reported some type of pedestrian-related accident or injury, it is time to take notice of this national problem.

Injured pedestrians come in both sexes and in all age groups. During the last 10 years, the most common age range for a pedestrian involved in a fatality is 45 to 64 years. Ages 30 to 45 and ages 65 plus ranked second and third for fatalities, respectively.

Pedestrian Accident Causes
Anytime a motor vehicle and a pedestrian are involved in an accident, there is an almost immediate, instinctive reaction of dread. The thought of an individual being hit is an alarming and distressing thing. Perhaps more shocking, most pedestrian-related accidents occur due to neglectful or careless driving and thus didn’t have to happen, much like motorcycle accidents.

The following are the most frequent causes of pedestrian-related accidents:

Driver inattention, distraction, and inexperience
Drunk driving
Speeding
Malfunctioning traffic signals
Debris on the road
Failure to yield or stop

No Sure Method To Prevent Pedestrian Accidents
According to the Governors Highway Safety Association, no single pedestrian fatality cause stands out, and no single countermeasure has made a substantial impact to decrease this type of accident from happening. The best ways to counter these accidents, thus far, seem to be a mixture of educational, environmental, and enforcement measures to improve overall pedestrian safety.

An Attorney On Your Side
If you or a loved one has been in a pedestrian accident due to the fault of another and sustained injuries or, tragically, a loved one was lost, you may have a strong case for personal injury or wrongful death compensation. Your attorney can answer any questions you may have regarding either event.

Don’t allow the careless negligence of another to take everything away from you. Speak with an attorney to receive help today.

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Car Accident Causes

Often, victims of car accidents wonder why the accident occurred or if there was a way in which the accident could have been prevented. In many cases, car accident causes relate back to driver negligence in some form. Occasionally, car accidents occur because of faulty parts or poor vehicle maintenance. In these cases, it is possible that those injured could be eligible for financial compensation.

If you are confused about what caused your accident, a car accident attorney can help. Call us today for a case evaluation.

Common Causes For Car Accidents
While these reasons do not cause all car accidents, many of them can be traced back to the causes listed below. These causes are generalizations but offer a good representation of typical origins. For a more accurate discussion of your case, an appointment with an attorney may be necessary:

Drunk driving accidents: A drunk driver is a danger to him or herself and every driver or passenger with whom he or she shares the road. In many drunk driving cases, serious injury or death can occur. Drunk driving is a crime in the state of Texas, and if you have been a victim, you may be eligible for financial compensation for your pain and suffering.
Texting while driving: Texting while driving is a growing issue across the country. As mobile phones become more prevalent in our everyday lives, texting and driving accidents have increased significantly. Every second that a driver is looking at a phone is a second that he or she is not paying attention to the road. If you are a victim of this type of reckless driving, you may be eligible for financial compensation.
Reckless driving and speeding: Reckless driving is any type of driving that knowingly and willingly endangers others. While not always done with malicious intent, it can include ignoring traffic laws, speeding, or any form of wanton negligence. Reckless driving accidents are tragic because they can usually be prevented with vigilance and caution.
Defective car parts: Car issues plague every American at some point, but it is rarely considered that a car defect or poor maintenance could cause a car accident. Bad tires on a slick road or a poorly done oil change causing engine malfunction can lead to a serious car accident.
Dangerous roads: As is the case in many other states, Texas has some curvy and narrow lane roads. These roads are dangerous under normal conditions. These types of roads become even more hazardous during rainy, snowy, and icy conditions. Accidents on these types of roads are more frequent but can be avoided with cautious driving.

Questions? Ask An Attorney For Answers.
If you or someone you love has been victimized by any of the above causes for car accidents, you may be eligible for a financial settlement. You do not have to face the confusion alone. A qualified attorney can help you sort through the evidence and decide on what subsequent actions should be taken.

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Drunk Driving Accidents

Drunk driving accidents are dangerous and frightening. Driving while under the influence is not only dangerous to the driver, but it also endangers everyone else around. Drunk drivers who break the law are operating selfishly and could be held liable for endangering an innocent victim. If you have been injured or have lost a loved one in a drunk driving accident, you may be eligible for financial compensation. Drunk driving may be one of the most common car accident causes, but it does not mean that you should suffer alone.

If you have been involved in a collision caused by a drunk driver, call us. We are experienced in dealing with claims of this type and we will do all that we can to help you.

What Happens In Drunk Driving Accidents?
Drunk driving is a serious issue across the United States. Despite roadblocks, DUI checkpoints, and anti-DUI ad campaigns, driving under the influence remains an ongoing concern. Just as texting while driving is a growing epidemic, the same could be said for drunk driving.

There are signs a driver may be intoxicated and, if suspected, he or she should be immediately reported to law enforcement. The signs include:

Speeding
Erratic driving
Weaving in and out of traffic
Speeding up then slowing down
Difficulty staying in the traffic lanes
Aggressive or reckless behavior on the road

Even just one or two alcoholic drinks in the bloodstream can slow down a person’s reaction time and increase the risk of an accident. Many drunk drivers are unaware that they are endangering themselves and everyone else around them. There is no excuse for drunk driving and nothing said will negate the liability assigned to anyone who gets behind the wheel of a vehicle while drunk. Some excuses for drunk driving may include:

It is only a short journey home.
A taxicab would be too expensive.
I could not leave my car overnight, as I need it first thing tomorrow.
I was in a rush to get home.
I only had a few drinks.

Drunk Driving Is Impaired Driving
Alcohol slows the body’s reaction time and can make it difficult to make the on-the-spot decisions that are often required to drive safely. Some of the other reasons drunk driving is dangerous may include:

Blurred vision
Sluggishness
Slow reactions
Difficulty thinking clearly
Inability to focus
Sleepiness or feelings of aggression

Any of these reasons, and perhaps more, can contribute to the danger of drunk driving. If you have been the victim of a drunk driver in any capacity, you may be eligible for compensation, just like victims of other accidents. You have nothing to lose with a case evaluation. You may even be surprised by what a car accident attorney can do for you.

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Texting While Driving

The growing popularity of smartphones has led to some unintended and even dangerous consequences. One of the fastest-growing car accident causes is texting while driving. In fact, research shows that a driver who is text messaging creates a crash risk that is 23 times greater than a non-distracted driver. Safety should always be the top priority of any driver.

Accidents stemming from texting and driving that cause loss of life are even more tragic because they could have been prevented. In these cases, the loss of life could lead to a wrongful death case. These types of accidents have become more common as the prevalence of smartphones has grown. If you have lost someone you love or have been injured as a result of a driver that was texting, you understand the damage a single moment of impact can inflict on a person’s life.

To further discuss your case, make an appointment with a lawyer by calling us. Our office is open and waiting to take your call.

What Are The Consequences Of Texting While Driving?
Texting while driving is against the law in the state of Texas, much like drunk driving or reckless driving. Drivers under 18 may not use any kind of device for talking or texting while driving. Texting while driving laws are considered primary laws. Primary laws mean that any law enforcement official can pull you over for the offense without having to witness another offense.

Penalties for texting while driving is:

The penalty for violating Texas’ texting and driving law is a ticket and a fine. Drivers will pay $99 for a first offense and $200 for each subsequent offense. Some cities in Texas have passed their own ordinances banning cellphone use or imposing higher fines on offenders. Worse than any fine, however, are the consequences of a serious accident caused by texting while driving. Texting while driving is avoidable and unnecessary. Victims of this may be eligible for compensation.

The long and short-term issues that arise from a car accident can be costly and overwhelming. A deluge of medical expenses may leave you feeling hopeless. It is important to remember that a case evaluation can be the first step in the right direction toward reclaiming your life.

What Is Included In A Personal Injury Claim
Many victims of these types of accidents never realize that they are eligible for compensation. When evaluating the details of a personal injury claim, it is important to consider the following factors:

Loss of income
Loss of personal property as a result of financial problems
Pain and suffering affecting the lives of those who were previously dependent on a severely injured victim, such as a spouse or children
Loss of limbs
Inability to work to the same capacity as before the accident, losing earning potential and possibly insurance and benefits
Loss of financial security for the family left behind in the case of a wrongful death suit, such as a spouse and children.

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Reckless Driving And Speeding

Most car accidents occur within a few miles of a driver’s home or office. Unfortunately, the shortest of journeys is often the one that is traveled carelessly. Drivers tend to use more caution when driving an unfamiliar route or longer distances, but the dangers are high regardless of the destination or length of the journey. Safety should always be paramount when behind the wheel of a motor vehicle. Reckless driving and speeding are unfortunate yet common causes of car accidents.

These types of accidents are especially tragic when a fatality occurs at the hands of a reckless driver or a poor decision behind the wheel. In these cases, the loss of life could lead to a wrongful death case. If you have lost someone or have been injured as a result of a reckless driver, you understand the damage a single moment of impact can do.

To further discuss your case, make an appointment with a lawyer by calling us. Our offices are open and waiting to take your call.

Common Causes Of Reckless Driving And Speeding Accidents
Many reckless driving accidents can be attributed to one individual and his or her negligent actions, much like drunk driving accidents. After police investigate the accident and talk to the witnesses, it may be possible to ascertain the exact form of reckless driving that resulted in the accident. Any of the actions below that lead to a motor vehicle accident are considered reckless:

Speeding
Racing
Weaving in and out of traffic
Failure to yield or use traffic signals
Texting while driving
Ignoring traffic signals or other rules of the road
Driving with no lights during hours of darkness
Any irresponsible behavior behind the wheel
The innocent parties involved often receive serious injuries. The following are common types of injuries involved parties may suffer as a result of a car accident due to reckless driving:

Head injuries
Spinal damage
Neck injuries
Broken bones
Internal bleeding of the brain or vital organs
Loss of limbs
Brain damage
Emotional duress and damage

If one of the above injuries has occurred and it was the fault of the driver, he or she may be held responsible in a personal injury claim. Personal, physical, emotional, and financial problems can all be consequences of a reckless driving accident or any type of accident, such as one stemming from defective car parts. In such cases that result in a fatality, the family of the deceased may consider a wrongful death suit to cover expenses for pain and suffering.

If you are unsure about the cause of your accident or you believe it is impossible for there to be help for your situation, you are not out of options. No matter what you assume about your accident, you will likely be surprised by what an attorney can do for you and your family. While there are no guarantees about your case, you have nothing to lose from a case evaluation.

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Defective Car Parts

Have you been in a car accident that was caused by an unknown factor or by defective car parts? From bad tires to engine failure, a vehicle that is not functioning correctly can be a ticking time bomb for an accident. Occasionally, an accident that occurs from what may seem like coincidence or bad luck is actually caused by negligent manufacturing or poor quality auto parts. A case evaluation from an experienced car accident attorney may reveal if victims have the right to pursue a claim because of this or another of the most common car accident causes.

If you believe the accident you were involved in was due to an auto defect, or someone you love has experienced such an accident, call us today. A knowledgeable car accident attorney can assess the details of your case.

Causes Of Defective Car Parts Accidents
Unfortunately, a large number of accident cases have proven to be the result of auto defects, many of which are avoidable and could be considered a driver’s responsibility, like the following:

Balding tires
Burnt out or broken front or rear lights
Worn brake pads and rotors
Incorrectly connected battery
Cheaper parts fitted during at-home repairs to keep costs to a minimum
For the above reasons, blame may be assigned to the owner of a defective vehicle or whoever performed maintenance on the car. Occasionally, there will be a defect in the actual manufacturing of the car that causes problems. Examples of ways that a car maintenance company or manufacturer could be liable include:

Car company manufacturing faults
Failure of brakes
Electrical faults
Hoods springing open during transit
Poorly fitted parts during a garage repair
High rollover probability
Gas leak or other hazards
Tips on how to avoid a car accident caused by these types of defects include:

Correct maintenance of your vehicle
Check oil levels before long journeys
Regular tire pressure checks
Avoid having cheaper, unreliable parts fitted to save money
Ensure tire tread is within high standards at all times

Most people adhere to these basic safety points and still, accidents resulting from auto defects can happen. Sometimes it is unavoidable and completely unforeseen. Many victims of this type of accident do not realize they could receive a financial settlement.

Like any other accident caused by extenuating circumstances, such as texting while driving or reckless driving and speeding, auto defect accidents should be carefully evaluated and treated as important. It is possible to fall victim to bad tires or poor quality parts. The cause of these accidents may not be a particular person, but it is still possible for a victim to get the compensation that he or she deserves.

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Dangerous Roads

Many car accidents happen on the same roads over and over again. Whether it is because of narrow and curvy roads in the rural areas or heavy traffic volume in the more densely populated areas, accidents continually happen on the same roads. Driving on dangerous roads is one of the most common car accident causes. Safety should also be the top priority when driving and this becomes even more important when driving on dangerous roads.

Accidents that occur on these types of roads are especially tragic when a fatality occurs. In these cases, the loss of life could lead to a wrongful death case. These types of accidents are becoming more common as the area grows and more drivers are on the road. If you have lost someone you love or have been injured as a result of an accident on a dangerous road, you understand the damage a single moment of impact can inflict on a person’s life.

To further discuss your case, make an appointment with a lawyer by calling us. Our offices are open and waiting to take your call.

What Makes Dangerous Roads?
Roads are deemed dangerous if there are a high number of accidents on them. This can happen because of the condition of the road or because of natural challenges such as hills or curves. These types of roads are often found in the more rural parts of our state. Roads can also be dangerous because of the sheer number of cars that travel every single day. Any of the characteristics below could cause accidents and make a dangerous road:

Continuous stop and go traffic such as the kind found during rush hour in metropolitan areas
The high volume of traffic on a regular basis
Roads with many curves
Roads with narrow lanes
Roads under construction
Roads with poor lighting
Roads with inadequate guardrails
Roads with numerous potholes
Defective traffic signals
Serious injuries can be inflicted because of accidents caused by these characteristics. The following are common types of injuries that may be suffered as a result of a car accident on a dangerous road:

Head injuries
Spinal damage
Neck injuries
Broken bones
Internal bleeding of the brain or vital organs
Loss of limbs
Brain damage
Emotional duress and damage

If you or a loved one has suffered one of these injuries and it was the fault of reckless driving and speeding on a dangerous road or improper road maintenance, you could file a personal injury claim. Personal, physical, emotional, and financial problems can all be consequences of an accident such as this or drunk driving accidents. In such cases that resulted in a fatality, the family of the deceased may consider a wrongful death suit to cover expenses for pain and suffering.

If you are unsure about the cause of your accident or if you believe it is impossible for there to be helpful for your situation, you are not out of options. Regardless of what you assume about your accident, you will likely be surprised by what an attorney can do for you and your family. While there are no guarantees about your case, you have nothing to lose from a case evaluation.

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Car Accident Injuries

When car accidents occur, often there are no serious injuries. In some cases, however, the crash is much more serious and one or more people are injured. Statistics published by the Centers for Disease Control and Prevention (CDC) showed that car accident injuries sustained by occupants in motor vehicles were the fourth leading cause of non-fatal injuries nationwide.

If you have questions regarding a car accident in which you or a loved one was injured, we can help. Call our office to schedule an appointment to discuss your case and find out what kinds of compensation may be available to you.

What Are The Most Common Car Accident Injuries?
Accident injuries can be minor or life-threatening, depending on the severity of the crash. There are also specific types of injuries that occur during a car crash that can have long-reaching effects, such as those shown below:

Back injuries: Many types of back injuries such as herniated or ruptured disks, compression fractures, and spinal cord injuries can occur as a result of a car accident.
Brain injuries: These types of injuries may manifest over a period of time after the initial accident and can have serious consequences.
Head injuries: The direct result of outside force causing trauma or injury to the skull, these injuries can sometimes be very serious and may require long periods of recovery.
Neck injuries: One of the most prevalent is cervical acceleration-deceleration, commonly known as whiplash. Many people are unaware that they have this injury until hours or even days after the accident.
Fatal car accidents: Sometimes injuries received in a car accident are so severe they result in death. In other cases, the crash may exacerbate an existing condition and the victim is not able to recover.
There are other types of injuries that accident victims experience that is less serious but still requires medical attention and some period of time to recover before the victim’s life returns to normal. Very often, the victim will require the help of others throughout the process.

Recovering From Injuries Can Often Be A Long Process
Every accident is different in both cause and seriousness of injury or damage. Most of the time, recovery is a process and not an event. Depending on the seriousness of the injuries, it may be days, weeks, or months until the victim can resume his or her normal life. Medical bills, lost wages, and other expenses that pile up while the person is recovering can make the process more difficult and can actually impede the process of getting well.

Often, if the accident involved another driver who was at fault, the insurance company will seek a fast settlement with the injured parties. This is generally not beneficial to the victim since there is often no way of knowing how long the recovery process will take. Many accident victims choose to seek legal advice before accepting any settlement agreement offered by an insurance company.

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Back Injuries

Among the most common types of car accident injuries are back injuries. Because of the position of the body, while driving an automobile and the rapid deceleration involved in most accidents, back and neck injuries can occur even in accidents that happen at relatively slow speeds.

Sometimes a driver who has been in an accident does not notice that anything is wrong immediately after the wreck. The driver may feel a little shaken or disoriented but may believe that he or she has no other injuries. Hours or days later, however, the driver may experience severe pain in the back or legs. Often because of the time that has elapsed, he or she may believe that the pain is unrelated to the crash.

We can help. Call us to schedule an appointment to discuss your case.

Back Injuries Take Many Forms
There are several types of injuries that can happen when a driver has had a car accident. Although many drivers today use seat belts which help reduce the number of fatal car accidents, back injuries can still result from any violent movement that pulls, twists, or causes compression of the spine. These injuries include:

Herniated disk: This injury usually affects the lower back. Spinal compression may cause the natural cushion between the vertebrae to bulge out into the spinal canal. This bulge can impinge on nerves in the area and can cause weakness, pain in the legs, low back pain, and other nerve-related problems.
Ruptured disk: Similar to a herniated disk, in this case, the natural cushion has ruptured and is impeding nerve signals. Significant pain, weakness in the legs, and other nerve-related problems can occur.
Spinal injuries of the midsection: These types of injuries can result in pain that affects the driver’s arms, back, and legs. Symptoms can include pain, weakness, and numbness. These injuries can also have a direct effect on blood pressure and body temperature regulation.
The severity of injuries like those above can vary from person to person. In most cases though, one of the common aspects of back injuries is that they require time to heal. Very often, the victim will require the help of others such as doctors and rehabilitation specialists during the process. Medical bills, the cost of physical therapy, and other expenses can make the process even more difficult and may slow the victim’s progress in recovery.

Why Have An Attorney?
Many insurance companies are eager to settle an accident case quickly, but this is often not in the victim’s best interest. Many drivers who have been injured benefit from speaking with personal injury attorneys before accepting any offers made by insurance companies. This helps ensure that they receive all the compensation needed to complete the rehabilitative process, no matter how long that process may be.

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Brain Injuries

Auto accidents can sometimes cause very traumatic injuries. Brain injuries are serious, life-changing events and recovery is often difficult to predict. As one of the more common types of car accident injuries, it may also be the one that has the greatest effect on the victim’s family.

It is sometimes hard for individuals and family members to think about how that person’s business will be carried out if he or she is unable to communicate. Brain injuries often bring this situation about. When a person suffers a traumatic brain injury (TBI), he or she may be unable to communicate effectively or make choices concerning treatment. In such cases, one or more family members may need to step in to act on behalf of the injured person. During such an emotional and distressing time, that may be a difficult task.

Call us to speak with an experienced accident attorney.

What Exactly Are Traumatic Brain Injuries?
TBIs happen in several ways depending on the circumstances of the car crash that takes place. Sometimes they may be caused by external force from outside the body that comes into contact with the skull, such as a head hitting a windshield. These are frequently classified as head injuries. In other cases, it can be what is described as secondary brain injury which takes place over time after the initial trauma or accident. Symptoms of this type of injury are:

Brain swelling, or edema
Increased pressure inside of the skull, or intracranial pressure
Epilepsy
Intracranial infection
Fever
Hematoma
Low or high blood pressure
Low sodium levels
Anemia
Too much or not enough carbon dioxide
Abnormal blood coagulation

Many times, the person who experiences these symptoms may be unconscious or in a coma as a result of the initial accident. For those that are not, however, the person typically believes that he or she is fine, and then begins experiencing these symptoms, which worsen as time passes.

Letting Doctors Help
One of the most important things a person can do when he or she has been involved in a serious car accident is to allow medical professionals to examine and monitor his or her condition. Sometimes, those who have been the victims of fatal car accidents did not die at the scene of the crash, but days later as the result of one of the complications listed above.

Injuries of this type can take months of medical treatment and rehabilitation. Even if the injured person is conscious and aware enough to handle his or her own affairs, the stress of dealing with medical bills, lost wages, and insurance claims can be too much to handle. An attorney who is familiar with the needs of those who have experienced a TBI can be very helpful to the victim or to the victim’s legal representative during the decision-making process.

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Head Injuries

Brain injuries and head injuries are often spoken about interchangeably. There are some differences, however, in the particular injuries and how they might affect a person’s life. Head injuries sustained in a car wreck are one of the more common car accident injuries.

Head injuries from an auto accident can be minor or very serious. As with any injury, they should be examined by a medical professional and treated as soon as possible. Many people have experienced a worsening of symptoms and developed a more serious medical condition because they decided they were not injured all that bad and decided not to see a doctor.

We will be glad to answer any questions you may have regarding your case. Call us to speak with one of our experienced accident attorneys.

Common Car Accident Head Injuries
The head injuries below are often described as closed head injuries. They are the result of a blow to the head during an accident such as an occupant’s head striking the windshield or vehicle frame. This type of primary brain damage can include:

Skull fracture: The person’s skull is broken.
Contusions or bruises: These often occur under an area of the person’s skull where it made direct contact with an object. The force of the blow can drive the brain up against the skull and cause areas of bruising.
Blood clots: A blood clot may occur between the skull and the brain or inside the brain itself.
Lacerations: These can also be the result of the force of a blow to the skull. The blow may cause brain movement against the boney ridges of the inner skull and result in a tear of the brain tissue or blood vessels in the brain.
Nerve damage: Damage to the connecting nerves within the brain can result from the same movement that causes lacerations to tissue or blood vessels.
Many of these head injuries also have a corresponding brain injury that must be diagnosed and treated by a doctor. Sometimes this may require a period of time during which the person will be observed for symptoms. This is one of the reasons that it is so very important to have a medical professional examine a driver who has injured his or her head in a car accident. Without an accurate diagnosis, these kinds of injuries can become life-threatening.

How Long Does Recovery From A Head Injury Take?
Head injuries, like back or neck injuries, can take a long time to heal. Some injuries such as a bump and a mild concussion may only take a few days, but a blood clot or laceration to the brain may require surgery and a long period of convalescence.

Depending on where the injury was located, rehabilitative therapy, speech therapy and other services may be needed to make progress in recovering. Receiving appropriate compensation for the injuries sustained can make the process of recovery less stressful and ensure that the needed services are available.

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Neck Injuries

There are many injuries that are possible in the event of a car accident. Among the most unfortunate of common car injuries are neck injuries. These types of injuries can leave a person incapacitated and in pain, in addition to the costly medical care that it can require. If you have been impacted by a neck injury or if your loved one is suffering, you could benefit from the services of a car accident attorney.

Call today to learn more about your options for compensation. Contact us to speak with a qualified attorney.

What Kinds Of Neck Injuries Are Possible From Car Accidents?
There are many different types of neck injuries that are possible from a car accident. These can range from the very severe to the relatively minor. However, all of them will likely require medical treatment, which could be costly. Some types of injuries that could be sustained in a motor vehicle accident include:

Neck sprain: This injury occurs when the ligaments in the neck are strained or torn, resulting in pain, stiffness, and other problems.
Neck strain: A neck strain occurs when the muscles in the neck are stretched or torn. These injuries usually occur when there is a sudden forward or backward motion, such as in a car accident. A neck strain is more commonly called “whiplash,” which is frequently suffered during an accident.
Cervical radiculopathy: This particular injury involves damage to the disks that protect the spinal cord and causes pressure or pinching on the nerves, causing weakness, numbness, or the inability to move properly.
Herniated disk: When the sudden motion of the head puts too much pressure on the neck, it can cause a herniated disk. This is when the cushion in between the disks comes out or is damaged. It can result in pain, tingling, numbness, and other symptoms.
Any or all of these injuries can cause pain, numbness, reduced range of motion, tingling, and more. Similar to back injuries, it is possible for neck injuries to be severe enough to cause paralysis or even death. If you face rising medical bills after a car accident, an attorney may be able to secure compensation on your behalf.

What Can An Attorney Do After A Neck Injury?
If you were injured in a car accident, do you know what factors led to your accident? Were you a victim of negligent driving, such as drunk driving, reckless driving, or speeding? If yes, it is possible that you may be eligible to receive financial recompense for your injuries.

The right to pursue financial compensation exists to cover some of the unexpected expenses that come from an accident. These expenses may include:

Medical bills
Rehabilitation
Therapy and continued treatments
Counseling
Medical equipment, such as wheelchairs

These are just some examples of how a car accident can cost a family financial stability. Speak with a car accident attorney as soon as possible after an accident to see if you can pursue a settlement to cover these costs.

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Fatal Car Accidents

Car accidents are serious, dangerous, and often happen with little to no warning. Sadly, many of these accidents result in the death of a driver or passenger. It is particularly tragic when fatal car accidents occur because of preventable reasons, such as negligent driving. There are many types of accident injuries, but an attorney will be able to determine if you may file a wrongful death suit. To learn more about your options regarding financial compensation, call a car accident attorney.

Contact a qualified car accident attorney to schedule an appointment today.

What Causes Fatal Car Accidents?
Fatal car accidents can occur for many reasons. Some of the most common reasons a deadly car accident occurs include the following:

Weather conditions or dangerous roads
Drunk driving or driving under the influence of drugs
Reckless driving, speeding, or other dangerous habits
Texting while driving distracted driving, or talking on the phone
Inexperienced or young drivers unable to properly react while driving
Other factors, such as semi-trucks or motorcycles that are prone to serious accidents

There are many reasons that fatal car accidents occur. If it can be proven that you lost a loved one due to factors beyond his or her control, you should consider filing a wrongful death suit to compensate for pain, suffering, and end-of-life expenses. It is also possible that death can occur after an accident due to the severity of certain types of injuries. These serious injuries can include:

Neck injuries
Back injuries
Head injuries
Traumatic brain injuries
Severe internal injuries or bleeding
Did you experience the emotional turmoil of losing a loved one as a result of his or her injuries, even weeks after an accident occurred? Do not assume that because death did not occur at the scene of the accident that you are not eligible for compensation. Call a car accident attorney as soon as possible to explore your options.

Compensation Can Cover Unexpected Expenses
There are many reasons that families may seek compensation. It may seem unnatural or irreverent to seek a settlement based on the death of a loved one, but it is only fair to receive recompense for your unexpected financial strain. Some examples of expenses that can occur from fatal car accidents include:

Emergency transportation and life-saving medical efforts
Funeral costs
End-of-life expenses, such as death taxes and legal forms
Other legal, medical, and various costs and fees
Lost income from the deceased
Insurance deductibles

Anytime a family member passes away, there are expenses involved. In the event of an unexpected death, it may catch a family by surprise and they may not be able to handle the expenses that are incurred. No one is prepared to lose a loved one in a car accident. Do not suffer further as a victim without learning if you and your family may be eligible for financial compensation.

Are the circumstances surrounding the death of your loved one unclear? Are you unsure if you could be eligible for financial compensation? You deserve to have a thorough case evaluation from a qualified car accident attorney to determine what subsequent steps can be taken.

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Car Accident Info Center

Where can you go after a car accident to get the answers that you need? In the car accident info center, you can get answers and information about some of the most common questions that are asked after an accident. It is important to get accurate information from a qualified source so that you may determine how to proceed, especially if you are considering seeking financial compensation. Call a car accident attorney if you need specific information regarding your case.

Call today to get the information that you need. Contact us to schedule an appointment for a case evaluation.

What Can I Find In The Car Accident Info Center?
There is much information that can be found in the car accident info center. Information can be found about the following subjects regarding car accidents:

Do I have a case?: One of the most common questions that are asked after an accident is regarding the viability of a personal injury or wrongful death suit. It is possible that you could be eligible for financial compensation after an accident. Contact an attorney to determine if you have a case and how to proceed.
How much is a car accident settlement worth?: If you determine that you have adequate reasons for pursuing financial compensation, you may be wondering how much your case is potentially worth. The amount of compensation is typically based on the factors in each individual case. An attorney may be able to give you an estimate after a case evaluation.
Do I need a lawyer for a car accident?: It is not a legal requirement to have an attorney in order to seek financial compensation. However, unless you have experience in legal proceedings after a car accident, it is always best to allow an attorney to assist you with this.
What to do after a car accident: After a car accident, it is easy to become quickly overwhelmed with the possible paths that you could take. You may be unsure if you should accept an insurance settlement, do nothing or pursue a personal injury or wrongful death compensation. The first thing you should do after a car accident is to contact an attorney specially qualified to handle car accident cases.
Working with the auto insurance company: It is important to remember that insurance companies typically do not have your best interests in mind. Insurance adjusters may try to get you to settle for less than your case is worth. Also, there may be special insurance regulations after a car accident. An attorney will help you when dealing with auto insurance.

These are just some of the things that you may need to know after a car accident. It is important to remember that the information here is general. To get specific answers regarding your individual case, you should call a car accident attorney.

You do not have to face the confusion and complication alone when deciding what to do after an accident. Contact an attorney as soon as possible and learn about your options regarding seeking the compensation that you deserve.

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Do I Have A Case?

It is totally normal to wonder about your options after a car accident and where to get answers. Some of the emotions that you may be feeling can include anger, sadness, confusion, and more. There are also any possible physical implications if you or someone you love suffered from injuries. Many people wonder if they have a case after a car accident. A car accident attorney can help you determine if you have a case and what you should do next.

Call today to set up an appointment with a qualified car accident attorney to schedule your case evaluation.

How Do You Know If You Have A Case?
Typically, personal injury and wrongful death cases are based upon the fact that someone was injured or killed through no fault of their own or through circumstances beyond control. This can include unsafe work conditions, or in the case of car accidents, negligent driving. For unfair accidents such as these, it is possible that victims could be eligible for compensation. Some of the most common ways that accidents can happen through the negligent actions of others include:

Drunk driving or driving under the influence of drugs
Texting while driving or any form of distracted driving
Speeding, reckless driving, or dangerous behavior
Driver errors, such as failing to check before changing lanes or following road signs
Semi-trucks making poor driving decisions
Cars or trucks disregarding smaller vehicles, such as motorcycles
Dangerous road conditions or other external factors, such as weather and visibility

Of course, there are other things that can cause car accidents, but these are some of the most common ways that negligence can contribute to serious car accidents. If any of the above reasons apply to your case, you may be eligible for financial compensation. A car accident attorney can assist you as you pursue what is rightfully yours, and he or she may be able to determine how much your case is worth.

Negligent Driving by someone else Is Not Your Fault
Are you unclear about the circumstances surrounding your accident? Are you unsure if you have a legitimate case? It is okay to be confused or not know if you have a case. An attorney will gladly look over the details of your accident and determine the best way in which to proceed. Some of the questions that may be asked include:

Has an insurance company offered you a settlement?
Did you lose a loved one in the accident or as a result of his or her injuries?
Are you suffering from injuries incurred in a collision?
Was the accident the fault of another driver?
Can you prove, through documentation and police reports, that you suffered as a result of another driver’s negligent actions?

An attorney will use this information to determine if you have a viable chance at being granted financial recompense. If it is determined that you should seek money to cover your expenses, you will already have a qualified attorney by your side to assist with the entire process.

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How Much Is A Car Accident Settlement Worth?

Are you considering a personal injury or wrongful death suit? If so, you have likely determined that you have a case and that you could be granted compensation. One of the most common questions that follow is in regard to the potential amount of money that may be awarded. It is normal to be overwhelmed by the costs that come after an accident. A car accident attorney may be able to give you an estimate on the amount that you could get to cover these costs.

Call today to learn about your options as soon as possible after an accident.

How Do You Know How Much A Car Accident Settlement Is Worth?
Car accidents can range from minor fender benders to serious and deadly collisions. The amount of potential compensation will vary and is largely determined by the merit of each individual case. Some of the questions that may be asked to determine the amount of compensation include:

Was a driver or passenger injured?
Was there a fatality?
Were the injuries sustained serious and did they require medical treatment?
How many people were involved in the car accident?
Did an accident fatality result in loss of income for a family?
Were there factors such as drunk driving, dangerous roads, et cetera that contributed to the accident?
Have the victims been offered an insurance settlement or have they been denied an insurance claim?
Do any of the victims require long-term and ongoing medical treatment, such as therapy and rehabilitation?
These are just some of the questions that may be asked by a car accident attorney following an accident. A skilled lawyer can use the answers to your questions, documentation, and witness statements to determine a potential amount that you could be owed. While there can be no guarantee on the outcome of your case, you are more likely to succeed in these types of cases with professional legal assistance.

Some of the factors that can influence the amount of a potential settlement include the cost of medical treatments, unexpected end of life costs, therapy, rehabilitation, and more. Medical costs of any kind can be expensive. It is worth your time to schedule a case evaluation. An evaluation may reveal that you could be eligible for compensation to cover your expenses. Can you afford to do nothing? Call a car accident attorney as soon as possible after an accident.

Get The Help That You Deserve
Your future is valuable. While you may not be granted a settlement worth millions of dollars, an attorney can help you secure recompense great enough to cover your medical bills and other accident-related costs. Rarely is any family financially prepared to face mounting bills and a daunting legal process. Fortunately, your family does not have to face these things alone. One phone call can put you in touch with an attorney who will have your best interests in mind as he or she pursues the best possible outcome on your behalf. Your future is worth the time – call and find out how much your case may be worth.

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Do I Need A Lawyer For A Car Accident?

Have you been in an accident? Did you lose a loved one in a car accident that was caused by the negligence of another driver? If so, you may consider a personal injury or wrongful death suit. One of the most common questions that are asked after an accident pertains to the legal requirement of having an attorney in order to pursue financial compensation.

It is not a requirement to have an attorney in order to pursue financial compensation. Why would a driver choose to navigate the complicated and overwhelming legal process without the help of an attorney? Many times, the hesitation is in regards to the potential cost of employing the services of an attorney. Truthfully, any legal fees incurred often pale in comparison to the amount of financial compensation that an attorney can help secure.

Find out your options and discuss legal fees with a qualified car accident attorney. Call today to learn your options.

Why Do I Need A Lawyer For A Car Accident Case?
There are many benefits to having an attorney working on your behalf. Some of the things that a lawyer can do for you in a personal injury or wrongful death case include:

Speaking on your behalf at any hearings that may occur
Negotiating with insurance companies on your behalf
Evaluating all evidence and documentation and determine what you should do
Assisting you with everything from car insurance to medical bills
Using his or her knowledge of the legal process to benefit you and your case
Always representing your best interests while you focus on recovery and rebuilding your life
Carefully evaluating any settlement that may be offered so that you receive the best possible compensation
A lawyer will do all of these things and more for you and your family during the process of a car accident case. There is no reason to face these circumstances alone. In doing so, you risk possibly settling for less than what your case could be worth. Your future is valuable, so get the help that you deserve in seeking compensation.

An Attorney Is Your Best Chance
The legal process of seeking compensation can be overwhelming. Unless you have a legal degree or specific experience in motor vehicle accident law, it is best to let a qualified and experienced attorney handle your case. A car accident attorney is specifically dedicated to car accident cases, and he or she has years of experience in helping victims of car accidents. This knowledge, experience, dedication, and professionalism can be used to your advantage.

The legal system is complicated and wrought with paperwork and legalese. Fortunately, you do not have to handle these circumstances on your own. With a qualified attorney working on your behalf, you can focus on recovery and rebuilding your life after an accident. Your future and your rights are important. Protect both and find out if your accident has left you eligible for a monetary settlement by calling a lawyer as soon as possible after a car accident.

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What To Do After A Car Accident

Car accidents come with no warning. In one moment, the dynamic of a family can be changed forever and they could be left picking up the pieces after losing a loved one. The overwhelming nature of a car accident can leave victims stricken with fear, anger, confusion, and physical and emotional damage. Many times, drivers may not know what to do after a car accident. A car accident attorney has the answers and information that you need during this time.

Call today to learn more about your options after a car accident. Do not delay in getting help.

How Do You Know What To Do After A Car Accident?
The moments following a collision are critically important. There are several things that you can do to benefit your case, including some of the following:

Write down tag numbers and exchange information with other drivers involved
Collect the insurance information from any other vehicle, if possible
Obtain contact information from any passengers or witnesses to the incident
Speak with law enforcement and ask for a copy of all information
Contact your insurance company

What if you were in an accident and you were unable to do any of the above things? What if you were too shocked to do them? Before you give up, you should know that you can still have a viable and strong personal injury or wrongful death case, even if you did not do any of the above tasks. It could be said that the most important thing that you can do after a car accident is to contact a car accident attorney.

By allowing a legal representative to handle your case, you do not have to worry about what to do next or how much your case could be worth. You can focus on the most important things, recovering and moving on, while your attorney handles the complicated legal process that comes with seeking financial compensation. Some of the things that an attorney will do for you after an accident include:

Contacting insurance companies and speaking on your behalf in negotiations
Evaluating all evidence from your accident
Speaking with witnesses and compiling documentation
Determining if you have a case
Helping you seek the compensation that you deserve

These are all things that can seem daunting for the average driver. After a serious car accident, one of the most important things that you can do is focus on recovery and rebuilding your life. Give yourself the opportunity to do these by allowing a lawyer to handle the rest.

Your Attorney Is Your Best Chance
Through the noise, confusion, and insurance paperwork that comes with major collisions, there is one thing to remember — calling an attorney as soon as possible is the best thing that you can do for yourself and your family. If you were in any type of accident that was a direct result of the negligent actions of another driver, you could be eligible for compensation. Find out what your options may be during a case evaluation. After an accident, call as soon as possible.

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Working With The Auto Insurance Company

After an accident, some of the most daunting things to consider are factors such as insurance and medical expenses. When dealing with auto insurance companies, it is important to remember that auto insurance companies do not have your best interests in mind. Secure the help of a car accident attorney with experience working with auto insurance companies and let him or her get to work on your behalf.

Do you have questions about insurance after a car accident? Call today to schedule an appointment with a qualified attorney.

What Makes Working With The Auto Insurance Company So Complicated?
One of the most important things to remember after a car accident is that auto insurance companies likely do not have your best interests in mind, even your own insurance company. This is one of the main benefits of having an attorney working on your behalf when dealing with these companies. The following things may be important to know about insurance after a serious car accident:

It is the job of the insurance representative to settle for as little money as possible after a car accident.
You may be offered a settlement that is less than your case is worth.
Insurance may deny your claim for a number of reasons.
You may be told that negotiating a higher settlement is impossible.
Calls to insurance companies may be ignored or unreturned, and your questions may go unanswered.
The amount that you are offered may not cover all of the expenses that have been incurred after an accident.
Your claim could be delayed multiple times.

These are just some of the things that could happen when dealing with insurance companies. In the interests of their profits and business, typically you will not be offered a large settlement. Despite what you may have been told, there is room for negotiation in insurance settlements. If you wish to negotiate a higher settlement or discuss your options, it is always best to go through an attorney.

Dealing with insurance is one of the frustrations that you and your family may face after a car accident. While insurance companies are not necessarily villains, they are not interested in the best interests of one individual client or case. That is why having an attorney is beneficial. He or she will be completely dedicated to your needs and has the legal skills needed to be sure that you get the attention and help that you deserve.

Why Get Help?
Is your insurance company ignoring you? Are you the victim of the actions of a negligent driver? You deserve better! Call a car accident attorney and learn what your options may be. A lawyer is one of the most effective and successful manners in dealing with insurance companies after a serious car accident.

If you are unsure about how to deal with your auto insurance company, call an attorney as soon as possible to learn about your options. You deserve professional, experienced, and dedicated legal assistance.

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Appellate court calls for immigration injunction to stay in place

The historic plan to prevent the deportations of millions of undocumented immigrants encountered yet another legal obstacle earlier this week thanks to the holding of a federal appeals court.

To recap, the Attorneys General of 26 states asked a federal judge in Texas to issue a preliminary injunction shutting down the immigration actions back in February on the grounds that it exceeded executive authority.

The federal judge ultimately granted the preliminary injunction and later refused a request by the Department of Justice to lift it while the matter was pursued on appeal, holding that no irreparable harm would result.

The DOJ subsequently filed an appeal with the U.S. Court of Appeals for the Fifth Circuit, requesting that it not only lift the injunction but allow the immigration programs to take effect during the pendency of the litigation.

In recent developments, a three-judge panel denied the DOJ’s request for an emergency stay or, at the very least, an order limiting the effect of the injunction to the 26 states challenging the executive authority.

Specifically, in a 2-1 ruling, the court dismissed claims by the DOJ that the AG’s of the 26 states lacked legal standing to file the lawsuit and that irreparable harm would result if the immigration initiatives were not permitted to be rolled out.

“The actions were designed to bring greater accountability to our broken immigration system, grow the economy and keep our communities safe. They are squarely within the bounds of his authority, and they are the right thing to do for the country,” said a White House spokesperson in response to the ruling.

It should be noted, however, that legal experts are indicating that this panel’s refusal of the DOJ’s request for an emergency stay doesn’t necessarily forecast a defeat on the larger issue of the agency’s appeal of the injunction. Indeed, a different panel could side with the government and lift the injunction.

It will be fascinating to see what transpires in the coming months concerning the plans to limit deportation. Oral arguments are currently scheduled.

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Is the new federal program just a sequel to Secure Communities?

The administration drew praise from both law enforcement officials and immigrant advocacy groups when it was announced the termination of the Secure Communities program and the introduction of the Priority Enforcement Program, which is focused on deporting “felons, not families.”

Interestingly, praise for the Priority Enforcement Program is now waning over criticism that it is perhaps not all that different from its predecessor.

Under Secure Communities, a database operated by Immigration and Customs Enforcement was linked with local jails, such that people booked into custody had their fingerprints run.

In the event they were flagged in the system, an “ICE detainer” would be issued asking locals officials to keep them in custody until such time as they could be picked up by agents — sometimes beyond the length of their jail term.

Given that Secure Communities resulted in the deportations of not just violent, repeat criminals, but also vast numbers of undocumented — and innocent — immigrants, around 250 cities and counties passed legislation strictly limiting involvement in the federal program.

In recent developments, officials with both ICE and the Department of Homeland Security have recently been traveling to cities and counties across the nation to pitch the advantages of the Priority Enforcement Program, which they’ve been touting as “a kinder and gentler” version of Secure Communities.

Thus far, however, it appears as if many communities — and immigrant advocacy groups — have been unresponsive to the Priority Enforcement Program, which they say is perhaps just too similar to Secure Communities.

Specifically, they have the following questions:

Will the Priority Enforcement Program continue to have ICE agents examine fingerprints?
Will the Priority Enforcement Program truly focus on violent, repeat criminals and leave those whose only crime is entering the U.S. illegally alone?
For their part, both ICE and DHS are arguing that while they are indeed committed to deporting “felons not families,” they need some degree of cooperation from local law enforcement in order to make this happen.

Stay tuned for updates on this fascinating story …

If your loved one is being detained on an immigration violation, be certain to consider contacting an experienced legal professional to learn more about the law and the available options.

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You don’t need to panic if your petition is denied

There’s no question that it can be utterly devastating to be on the receiving end of an otherwise unfavorable decision handed down by either an immigration judge or an official with U.S. Citizenship and Immigration Services.

Indeed, imagine learning that your attempt to secure U.S. citizenship via the naturalization process has been denied or that your bid to secure a nonimmigrant visa has been denied after months of anxious waiting.

As discouraging as all of this can be, it’s imperative to understand that this may not be the end of the road, as you may have viable legal options in these situations.

For instance, depending on the circumstances, you may be able to file a motion to have your case reopened and the denial reviewed, or even file an appeal with the Board of Immigration Appeals.

Our firm understands how difficult this uncertainty over immigration matters can be for people and their families. As such, we always conduct a timely yet comprehensive review designed to determine whether an appeal or motion to reopen is appropriate in a given case and, if so, take the necessary measures.

Our founding attorney has considerable experience with all manner of immigration law issues and has successfully reopened immigration cases. He is prepared to help with any and all immigration appeals.

It is important to note, however, that any appeal must be undertaken within 30 days of the immigration judge’s decision, meaning time is truly of the essence.

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Providing strong legal advocacy and representation to individuals facing deportation

The United States was founded by immigrants who, despite their many differences, all shared a common dream–having the opportunity to build a better life. Despite the fact that our country’s founding fathers were all immigrants, today’s U.S. immigration laws are often restrictive and punitive for those who come to the U.S. and hope to build a better life.

For today’s U.S. immigrants, laws that govern the immigration and naturalization process are often complex and difficult to comprehend. It’s advisable, therefore, to seek the advice and assistance of an attorney.

From an individual who wishes to obtain a green card or visa to an individual who is seeking asylum, an attorney who is well-versed in all matters related to U.S. immigration and naturalization can explain the process, assist in obtaining required documentation and represent individuals who face immigration challenges.

For anyone who is attempting to stay and live in the U.S., the threat of deportation is often very real. In cases where an individual receives a summons to appear at an immigration removal hearing, it’s critical to secure strong legal representation. An individual may face the threat of deportation for a number of reasons including criminal charges or convictions as well as other visa or green card violations.

For U.S. immigrants who are facing deportation, an attorney at our Law Office can provide strong legal advocacy and representation. Our attorneys exclusively practice immigration law and are committed to assisting individuals who wish to come to and stay in the U.S. to do so by following the correct legal procedures.

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ICE issues new guidelines for transgender detainees

While the detention policies of U.S. Immigration and Customs Enforcement have long faced criticism from both immigration advocates and human rights groups, one policy, in particular, has recently been drawing intense condemnation: the treatment of transgender detainees.

According to statistics, there are roughly 60 transgender detainees currently being held in ICE detention centers across the country. Of these 60 transgender detainees, close to 25 are being held in a special unit in a California-based facility, while the rest are kept in the general population according to their biological gender, not the gender with which they identify.

Experts indicate that this latter practice of keeping transgender detainees in the general population is not only problematic from a human rights perspective, but from a safety perspective as they are at an increased risk of assault.

Fortunately, it appears as if real changes are now in the works following the issuance of new guidelines by ICE to its detention staff this past Monday.

These new guidelines call on detention staff to consider the preferences of transgender detainees when making decisions related to everything from pronoun use to housing and clothing.

Furthermore, the ICE guidelines indicate that detention staff will be trained on how to draft individual detention plans accounting for important items like safety and hormone therapy and that the agency itself will start gathering more data on this important issue going forward.

While many have acknowledged this guidance from ICE as a good start, still others are less than enthused. Indeed, groups like Immigration Equality argue that in light of the fact that transgender people make up such a small percentage of the overall detainee population, yet face such a heightened risk to their personal safety, it makes the most sense for them to be offered detention alternatives much like those suffering from serious health conditions or pregnant women.

It will be interesting to see whether this guidance is indeed adopted by detention staff. Stay tuned for updates.

If your loved one was picked up by ICE and is now being held in a detention center, consider speaking with an experienced legal professional as soon as possible to learn more about the law and your options.

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Form I-130 and the road to legal immigration

There are many benefits afforded to an individual who is born outside of the U.S. and decides to take steps to become a U.S. citizen. In addition to being able to legally live and work in the U.S., an individual who is granted permanent U.S. citizenship status is also allowed to sponsor relatives who wish to immigrate to and become U.S. permanent residents.

For anyone who wishes to immigrate to the U.S., it’s important to abide by the strict regulations and protocols established by the U.S. Citizenship and Immigration Services. This is especially crucial for individuals who are sponsored by a relative who is a U.S. citizen and who wish to also eventually become a permanent or naturalized U.S. citizen.

The process of legally immigrating to the U.S. can be a long, complicated and frustrating one. It may be wise, therefore to consult with an attorney who handles immigration matters and who can assist in ensuring that an individual’s application, forms and required fees are completed, filed and paid in a timely manner.

For an individual who has a spouse, parent, adult child or sibling who is a U.S. citizen; he or she must agree to be a sponsor. A U.S. citizen who agrees to sponsor a relative who wishes to immigrate to the U.S. must be able to prove that he or she has the financial means to sponsor or support a relative until that relative is legally able to work in the U.S. A form known as an I-130 is the first step in the legal immigration process.

It’s important to note that the filing of a Form I-130 does not permit an individual to immediately immigrate to the U.S. Rather; an individual must wait until a request to legally immigrate and obtain a Green Card is granted. In cases where a relative is already legally in the U.S. at the time an I-130 is filed on his or her behalf, he or she can submit Form I-485 which is an application to register permanent residence or adjust status.

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Coerced into signing voluntary return forms, Mexican citizens allowed to legally return to the U.S.

America proudly declares that is it the “land of the free and the home of the brave.” The unalienable rights of U.S. citizens are well-documented in the U.S. Constitution, Bill of Rights and Declaration of Independence. Under the decrees of these and other founding U.S. documents, citizens are protected from governmental overreaches related to unauthorized search and seizure and the right to due process.

In the U.S., issues related to immigration continue to be extremely contentious and controversial. This is particularly true when it comes to immigrants from Mexico as, according to data from the Pew Research Center, nearly six million unauthorized immigrants from Mexico currently reside in the U.S.

Despite their illegal status, many Mexicans who come to the U.S. illegally have strong U.S. ties including spouses, children and other family members that were either born in the U.S. or who legally immigrated to the U.S. The vast majority of unauthorized Mexican immigrants are hard-working and law-abiding individuals who simply want to stay with their families and be afforded the opportunity to have a chance at a better life.

In an effort to crack down on illegal immigration, units from the U.S. Immigration and Customs Enforcement and Border Patrol routinely travel to areas that are often hundreds of miles from the U.S. and Mexican border. Consequently, through methods that often involve abuse, deception, and coercion; Mexican citizens who have been in the U.S. for years without issue or instance are sometimes ensnarled in raids and subsequently detained at immigration centers.

Last February, a Southern California federal judge ruled that ICE and Border Patrol agents employed deceptive tactics to coerce “hundreds, if not thousands, of noncitizens,” to sign forms agreeing that they would voluntarily return to Mexico. Due to the illegal actions of ICE and Border Patrol agents, these individuals were stripped of their rights to have their cases, many of which would likely have been successful, decided by an immigration judge.

Recently, six of these individuals walked freely over the U.S. and Mexican border and into the arms of waiting loved ones. They are among the first of likely many who in the coming months will be allowed to return to the U.S. to reside with family members while their immigration case is pending.

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Is the Priority Enforcement Program the solution to the illegal immigration problem?

U.S. Immigration is a hot-button issue with strong and opposing positions on both sides. From those U.S. residents who contend that the U.S. must clamp down on all immigration to those who argue for more lenient and humane policies, the issues related to immigration are complex and polarizing and unfortunately there is no right or simple solution.

While the administration’s attempts to pass legislation that would have allowed many illegal immigrants the ability to legally stay in the U.S failed, the recently enacted Priority Enforcement Program should provide the majority of illegal immigrants a level of protection against deportation. Many illegal immigrants have lived, worked, and raised their children in the U.S. for years. It is these individuals who immigration advocates contend must be protected.

In past years, the Federal government’s Secure Communities program required that local police departments notify federal immigration agents when an illegal immigrant was arrested and that they detain the man or woman until agents arrived. The program, however, was later ruled to be unconstitutional and shut down. Today, roughly 300 U.S. cities have also “passed laws limiting cooperation with federal authorities,” with regard to the notification and detention of illegal immigrants.

A replacement to the Secure Communities program took effect. Under the administration’s Priority Enforcement Program, only those illegal immigrants who pose threats to national security, are known gang members, commit felonies, or have recently been caught illegally crossing the border are subject to deportation. Officials from the Department of Homeland Security estimate that approximately 13 percent or 1.4 million illegal immigrants are included among those now being targeted for deportation.

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How K-1 or fiancé visas can complicate love

They say that love knows no boundaries. This includes national boundaries and is something that any U.S. citizen who has ever met someone special while traveling abroad knows and understands all too well. However, even when it comes to love, the U.S. government has many boundaries and rules with regard to immigration procedures and such policies often prevent U.S. citizens with fiancés from other countries from being together.

For a U.S. citizen who wants to clear the way for a foreign-born fiancé to come to the U.S., a K-1 or fiancé visa must be obtained. However, like all U.S. immigration laws, there are strict conditions and eligibility requirements that must be followed and met.

Upon filing a Form I-129F or a Petition for Alien Fiancé, an individual must prove that he or she is a U.S. citizen and that both parties who intend to marry are not currently married. Additionally, a U.S. citizen must prove that he or she met with a fiancé in person at least one time within the last two years. Lastly, the U.S. citizen and foreign fiancé must marry within 90 days, or roughly three months, from the date that a fiancé enters the U.S.

For some couples, complying with the 90-day marriage requirement can pose many challenges. However, if a couple fails to comply with this requirement, a fiancé’s visa expires and he or she is legally required to leave the U.S. voluntarily or face deportation.

In cases where a U.S. citizen’s Petition for Alien Fiancé is not approved and a K-1 visa not issued, it’s important to investigate what happened and why the petition was rejected. Universally, U.S. immigration forms are notoriously complicated. Therefore, even one small mistake or oversight may keep a fiancé out of the U.S. and delay marriage plans.

An attorney who handles immigration cases can assist individuals with obtaining a K-1 visa and assist couples who run into problems along the way.

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A case for why the U.S. asylum process must be overhauled

A recent Buzzfeed article entitled, “The U.S. Asylum System is Completely Overwhelmed,” highlights the many problems facing what critics charge is an outdated and woefully inadequate part of the U.S. immigration system. In recent years, individuals fleeing the gang and drug violence that has ravaged many Central American countries and Mexico have flooded across U.S. borders. In an effort to stay in the U.S. and avoid deportation back to what for many may be certain death, the number of U.S. asylum cases has grown exponentially.

The U.S. Citizenship and Immigration Services reported that some 95,000 asylum cases were pending. Despite the significant increase in the number of persecuted and desperate individuals seeking to stay in the U.S., the number of asylum cases being processed and decided has not kept pace. Consequently, many asylum seekers are caught in limbo and those who are already in the U.S. are not allowed to legally work or collect any type of federal benefits.

With violent wars and conflicts being waged throughout the Middle East and North Africa, millions of displaced people are fleeing to Europe. As European countries struggle to take in people fleeing from Syria, Iraq, Afghanistan, and Libya; the U.S. has come under criticism for doing too little with regard to helping with the resettlement process.

USCIS records show that currently, the U.S. has granted asylum to a total of 1,078 Syrians. This number pales in comparison to the hundreds of thousands that European countries like Germany have pledged to take in and adds legitimacy to the notion that the U.S. asylum process isn’t only overwhelmed, but—bogged down in bureaucracy and red tape—also broken.

Individuals who wish to seek asylum in the U.S. are often quickly overwhelmed and discouraged by the complicated and lengthy process. An attorney who handles immigration matters can assist in filing an Application for Asylum and for Withholding Removal and provide strong legal advocacy.

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The economics of U.S. immigration policies

There’s no doubt that the United States’ immigration policies are complicated and controversial. Increasingly, the issue has also become highly political with the majority of Republicans favoring anti-immigration policies and Democrats, less restrictive immigration policies.

While it’s easy to become distracted by all of the political posturing and rhetoric, when discussing U.S. immigration, it’s important to examine the issue from an economic standpoint. There were an estimated “11.3 million undocumented immigrants living in the U.S.” Increasingly, these immigrants are women and children who are fleeing the drug-related violence that is ravaging much of Central America.

While some politicians favor the mass deportation of undocumented immigrants, the repercussions and costs associated with these types of actions are significant. Both conservative and liberal political think tanks estimate that the costs of deporting the 11.3 million undocumented immigrants would total between $104 and $304 billion. Additionally, the U.S. would also lose out on the estimated $11.84 billion in annual tax contributions made by undocumented immigrants.

Currently, annually the U.S. spends approximately $5 billion each year to arrest, detain and deport an average of 403,563 undocumented immigrants. In contrast, the Bipartisan Policy Center estimates that a comprehensive reform of existing immigration policies would “reduce federal deficits by $1.2 trillion,” and “spur economic growth by 4.8 percent,” by the year 2035.

When examined, anti-immigration policies including mass deportation ultimately only serve to harm the U.S. economy. Despite this compelling evidence, the issue of U.S. immigration is likely to continue to be a divisive issue in the presidential elections and for many more years to come.

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Why the rights of U.S.-born children are being ignored

Under the United States Constitution, regardless of a parent’s immigration status, children who are born in the U.S. are considered citizens and therefore entitled to all of the same rights and privileges afforded to other U.S. citizens. This declamation was born out of a need to protect the rights of individuals whose parents immigrated to the U.S. and chose to settle and start families here. Today, however, this Constitutional right is being challenged in a state that is no stranger to controversy when it comes to immigration issues.

State officials in Texas have begun denying “U.S. birth certificates to the children” whose parents are suspected of illegally entering the U.S. While Texas officials previously accepted the Mexican-government issued document known as a matricula consular card as proof of the identification of a child’s parents, recently state officials stopped accepting this document.

Without a birth certificate, the parents of these U.S.-born children are encountering difficulties when trying to access healthcare for a child or enroll a child in school. In response, the immigrant parents of 32 U.S.-born children filed a lawsuit against the state. However, despite the fact that Texas officials are blatantly disregarding the Constitutional rights of the plaintiffs, an appellate judge recently denied an emergency order to force officials to accept the Mexican-government-issued I.D. documents.

As the United States as a country and individual states like Texas attempt to deal with immigration challenges, the Constitutional rights of children who are born in the United States must be upheld.

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State Department error affects thousands of highly-skilled H-1B immigrants

As the United States’ immigration policy continues to be a hot-button political and social issue, the focus is often on those who come to the U.S., both legally and illegally, from poor and often violence-ravaged countries. There are, however, many other highly-educated and skilled immigrants who come to the U.S. to fill positions in specialized fields like technology, science and medicine.

These individuals are sponsored by a U.S. employer and are able to work and live in the U.S. via an H-1B visa. A significant percentage of H-1B visa holders have dreams of becoming green card holders, which would allow them to break ties with an employer and change jobs. However, because U.S. immigration policy states that “no country can have more than 7 percent,” of employment-based green cards, it can take years for H-1B visa holders from certain countries to obtain the coveted documents.

Early last month, “tens of thousands of highly skilled legal immigrants,” were informed by the U.S. State Department that their long wait for a green card was finally over. However, the vast majority of these same immigrants received notice that the decision to grant them green cards had been reversed. Caused by a reported miscalculation by the State Department regarding green card quotas, the news left thousands of H-1B visa holders confused, devastated and angry.

Annually, immigration officials are only allowed to issue 140,000 employment green cards. Somehow, an error was made and tens of thousands of H-1B visa holders were notified that they were among those who would finally receive a green card. Several immigrants who were affected by the egregious error have filed a federal lawsuit against the U.S. government, charging that the administration’s actions were “arbitrary and capricious” and that they have suffered monetarily as a result.

Individuals who are in the U.S. on H-1B visas may have many questions and concerns about the U.S. immigration process. From assisting with the green card process to defending against possible deportation, an attorney who handles immigration matters can provide advice, assistance and strong legal advocacy.

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Path to U.S. citizenship is often complicated and full of roadblocks

According to the Migration Policy Institute, roughly 25 percent of the U.S. population are “first or second-generation” immigrants. As countries to the south and across the Atlantic continue to be plagued by economic hardships, violence and political and religious conflicts; it’s likely that the number of people attempting to immigrate, both legally and illegally, to the U.S. will continue to increase.

While the issue and associated problems of illegal immigration are widely publicized, less so are the issues facing the millions of immigrants who attempt to navigate the U.S. immigration process legally to become naturalized U.S. citizens.

According to CNN, annually, an average of 7,000 people become naturalized U.S. citizens. For most, the process to legal U.S. citizenship is a long, complicated and frustrating one. Depending on an individual’s situation, there are a few different paths to U.S. citizenship. For example, in cases where one of a child’s parents is a U.S. citizen, the child is also considered a U.S. citizen regardless of where he or she was born. Additionally, even if a child’s parents are unauthorized immigrants, if born in the U.S., he or she is considered a U.S. citizen.

For an adult who wishes to become a U.S. citizen, the process typically requires the status of being a permanent resident. In order to be considered a permanent resident, an individual must have a valid green card and live in the U.S. for at least five years. Additionally, an individual must be at least age 18, have been physically in the U.S. “for at least 30 months out of the five years,” be of “good moral character” and be able to read, write and speak English.

However, even individuals who fulfill these requirements aren’t guaranteed U.S. citizenship. There may be many roadblocks along the way including green card problems, denied applications, and threats of deportation. For these reasons, an individual who has the goal of becoming a U.S. citizen is encouraged to seek the advice and help of an attorney who handles immigration matters.

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Helping individuals and families overcome immigration challenges

According to the Migration Policy Institute, an estimated 41.3 million immigrants were living in the United States. Historically, the U.S. has been the preferred destination for millions of foreign-born individuals and families who are seeking a better life. In fact, while the U.S. “represents less than five percent of the global population,” an estimated 20 percent of the world’s immigrants come to the U.S.

Perhaps more than ever, the U.S. is deeply divided over whether or how to accommodate the influx of foreign-born individuals. While, in recent years, the Administration has made attempts and some headway with regard to immigration policy reform, for many, the immigration process remains a long, convoluted and often futile process.

Whether an individual is in the U.S. illegally and facing deportation or is engaged to a U.S. citizen and is making plans to come to the U.S. on a fiancé visa, an attorney who handles immigration matters can assist. There are numerous forms, deadlines and requirements that must be properly filled out and met. In some cases, a simple error or misunderstanding can delay or derail an individual’s plans to immigrate to the U.S.

Individuals can contact our Law Office to obtain high-quality legal representation. We have helped individuals and families who are facing numerous types of immigration issues and problems. We are well-versed in all areas of immigration law and take a personal stance in every case and are committed to helping individuals successfully overcome immigration challenges.

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As drug sentencing guidelines change, concerns mount over the rights of foreign inmates

According to The Sentencing Project, an estimated 2.2 million people called a U.S. prison or jail home. This number is higher than incarceration rates in any other country and equates to a 500 percent increase within the last three decades. In an effort to reduce the U.S. incarceration rate, the U.S. Sentencing Commission voted to “redraw federal sentencing guidelines for some drug offenses.” In accordance with the new sentencing guidelines, thousands of nonviolent drug offenders who are serving out prison sentences are slated for early release.

Under the new sentencing guidelines, the release of the first wave of inmates has begun. Over the course of the next few weeks, a total of 6,112 individuals, many of whom were serving lengthy prison sentences for drug offenses, will be released from prisons across the U.S. Of those individuals scheduled to be released, an estimated 1,780 are not U.S. citizens.

Upon their release, these foreign nationals will immediately be handed over to U.S. Immigration and Customers Enforcement agents. While the administration insists that a transfer to ICE custody is “a routine occurrence,” there is growing concern among immigration rights advocates about the fates of these individuals and whether their legal rights to due process will be respected and upheld.

Of those foreign inmates scheduled for early release, deportation orders have already been issued and finalized for 763. The remaining foreign nationals will be handed over to the ICE officials and transferred to detention centers where members of the American Civil Liberties Union worry they will not be afforded the “opportunity to consult with an immigration attorney and contest their removal in court.”

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Why are asylum seekers being detained at immigration centers?

In the United States, citizens are fortunate to enjoy many freedoms and opportunities. These include freedom from persecution with regard to religion and freedom of choice with regard to personal views and political ideologies. Sadly, millions of people around the world don’t enjoy these same freedoms and spend their lives fearing persecution, violence and death.

Under U.S. immigration laws, foreign-born individuals who have suffered or fear persecution due to their religion, political views, race or nationality can seek to stay in the U.S. via the asylum process. While the asylum process is meant to help those who fear for their safety and very lives, recent strikes at several U.S. immigration detention centers indicate that, once in the U.S., many asylum seekers continue to face persecution.

Roughly 34,000 immigrants are currently being detained at U.S. immigration centers while they await asylum decisions. For these individuals, most of whom have already suffered great trauma back in their home countries, the conditions at the facilities as well as the fact that they are locked up and treated like criminals is almost too much to bear.

Recently, asylum seekers at several detention centers around the U.S., have staged protests and strikes to call attention to their plight and treatment. At an all-women’s detention center in Texas, as many as 500 women from countries including El Salvador, Guatemala, Nicaragua and Honduras are reported to be on hunger strike. The women are seeking release from the facility as well as protesting their overall treatment.

At another Texas detention center, more than 50 asylum seekers went on a hunger strike that lasted roughly two weeks. The immigrants at this facility had already lost their asylum cases, but were never given copies of the official court order “which is needed to file an appeal.” While the detainees eventually received copies of their orders, most missed their deadlines to appeal.

Depending on one’s circumstances, the asylum process can be challenging. It’s wise, therefore to hire an immigration attorney who can ensure that all necessary documents are submitted on time and that administrative procedures are followed. Additionally, an attorney will advocate on one’s behalf and fight to win a positive asylum ruling.

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Know your rights: tips to avoid possible removal and deportation actions

There have been recent raids conducted by U.S. Immigration and Customs Enforcement and the government’s continued attempts to deport individuals from violence-ravaged Central American countries who are seeking asylum in the U.S. While some people may previously believe that only hardened criminals or those who enter the U.S. illegally have to worry about being deported, ICE’s recent actions prove otherwise as the targets were primarily women and children.

In truth, any individual who was not born in the U.S. or who has not gone through the process to legally become a U.S. citizen can face removal and deportation. It’s important, therefore, to understand what types of actions may violate U.S. immigration laws and the terms of your current immigration status and put you at risk of being deported.

For example, if you are married to a U.S. citizen, but not a U.S. citizen yourself; you may face immigration issues if you subsequently divorce your U.S. spouse. Additionally, individuals who are in the U.S. on an employee-sponsored work visa may face problems if they quit or change jobs, allow a visa to lapse or fail to update or renew other required documentation. Other activities that may constitute a violation of your immigration status include seemingly minor traffic violations and misdemeanor crimes.

To avoid immigration problems and possible removal proceedings and deportation actions; individuals who have questions or concerns about their immigration status and U.S. immigration laws should consult an attorney. An attorney can answer questions, provide advice and assist in ensuring an individual is compliant with immigration laws. Additionally, in cases where an individual is facing possible deportation, an attorney can fight on one’s behalf in court.

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U.S. Supreme Court might take on immigration executive action

The legality of an executive action taken may soon be under scrutiny by the U.S. Supreme Court, which was set to meet today to determine whether to hear the case. The executive action called for the protection of over 4 million immigrants from deportation. The appeal involves an executive order passed after Congress was unable to approve bipartisan legislation dealing with the matter.

The executive action was specially aimed at immigrants without criminal records whose children are American citizens. The order would allow such individuals to work in the United States and receive certain federal benefits, though states would not be required to provide any benefits.

Republican lawmakers disapproved of the president’s efforts to bypass Congress in passing the measure, and the order ended up being blocked by lower courts based on the argument that the president went beyond the scope of his constitutional powers. The decisions have been criticized on the grounds that it effectively allows states to prevent the federal government from enforcing immigration laws. The question, though, is whether the executive action was mere enforcement of immigration laws or a rewriting of the same.

Should the executive order eventually win approval, it will afford relief to many families. Under current immigration law, family-based immigration allows U.S. citizens or legal residents to obtain legal resident status for family members. Immediate family members are not the only persons who can benefit from family-based immigration. Those who are interested in looking more into how their family might benefit from this aspect of immigration law should contact an experienced attorney to have their case evaluated.

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Women and children among those detained in recent ICE raids

Regarding rumored impending raids by U.S. Immigration and Customs Enforcement agents to find undocumented Central American immigrates – this past weekend, ICE raids commenced in three states and ended with 121 people being taken into custody where they are awaiting deportation back to their violence-ravaged home countries.

The most troubling aspect of these raids is that the majority of those individuals who were rounded up and detained are women and children whose desperate claims for asylum in the U.S. were denied. This most recent round of ICE raids has struck fear among immigrants across the U.S. and specifically among Central American immigrants who entered the country illegally or whose claims for protection and asylum were denied or are pending.

As these terrified families await deportation, troubling questions and concerns have been raised about their legal rights to due process and the fact that they are not being allowed access to an attorney. Instead, family members and those directly impacted relay reports of harsh treatment at the hands of ICE officials, threats and being coerced into signing documents that clear the way for deportation.

In response, immigrant legal advocates across the country are advising immigrants to become educated about U.S. immigration laws and their corresponding rights. For example, an individual should not open his or her door until and unless an ICE agent is able to produce an order that is signed by a judge. Additionally, he or she should remain silent and request the opportunity to contact an attorney.

Individuals who have questions or concerns about ICE raids and the asylum, detention or deportation process are advised to contact an immigration attorney.

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Central American immigrants prepare for rumored ICE raids

The administration has been vocal about plans to reform U.S. immigration policy. However, absent the support of Republican members of Congress, they have been unable to pass any sweeping immigration reform. However, invoked executive power can make certain changes to existing immigration laws.

These measures include focusing on cracking down on illegal immigration at the border and taking action to require undocumented immigrants to pay U.S. taxes. Additionally, that deportation efforts will focus on “felons, not families,” and specifically those individuals with criminal records or links to gangs or terrorism. However, If recent rumors of the Department of Homeland Security’s plans to “round up and deport families deemed illegally present in the U.S.” are true, it appears as those the administration’s promise to not target families has been broken.

Thousands of men, women and children fleeing the violence in Central America have poured over the U.S.- Mexican border. In many cases, these families and individuals have sought asylum in the U.S. and are allowed to stay with relatives until their cases are decided. Sadly, and often for unknown reasons, the asylum claims of many are denied and they face deportation.

Recently, there have been reports of impending widespread raids on these families by U.S. Immigration and Customs Enforcement agents. For these families, many of whom likely lack any legal advocate and have not taken action to appeal a denial for asylum, returning to their home countries is akin to a death sentence.

Individuals who are planning to apply for asylum in the U.S. or who have had an asylum claim denied are advised to contact an immigration attorney. The U.S. immigration system is notoriously complex and many individuals who attempt to gain protection under the asylum program are not aware of their rights.

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H-1B visa controversy and requirements

Immigration is bound to be a major and divisive issue in the upcoming presidential election. While much of the media’s attention is paid to the issue of illegal immigration and how to handle the millions of undocumented immigrants who are currently living in the U.S., concerns have also been raised about those individuals who come to work in the U.S. on H-1B visas.

While opponents of this employment visa program argue that it only serves to take jobs away from Americans, proponents contend the program is necessary to ensure that U.S. companies remain competitive. Additionally, those who support the program also assert that U.S. companies are struggling to find enough qualified workers and that the visas are provided only to highly educated and skilled professionals in their respective fields.

In order to obtain an H-1B visa, an individual must be sponsored by a U.S. employer and be able to unequivocally demonstrate that an employer has the ability to “hire, pay, fire, supervise” and otherwise control one’s employment. H-1B visas are intended for individuals who possess at least a bachelor’s degree and are considered to be highly specialized in their respective fields.

Annually, only 65,000 H-1B visas are issued and the first 20,000 petitioners who possess a master’s degree or higher are exempt from this cap amount. Due to the cap on the number of H-1B visas that are issued, employers and employees who wish to participate would be wise to ensure that they submit all of the necessary paperwork and documentation in a timely manner.

An attorney who handles employment immigration matters can answer questions and assist in the H-1B visa application process. Additionally, for employees who are already in the U.S. on an H-1B visa, an attorney can assist in sorting out any issues related to a change in status or employment.

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Recent deportation case raises concerns about DACA protections

In 2012, the Deferred Action for Childhood Arrivals (DACA) Program went into effect. The program, which was championed by the administration, allows undocumented individuals who came to the U.S. before they turned age 16 to obtain permission to stay and work in the U.S. for a two-year renewable time frame. In addition to coming to the U.S. prior to turning age 16, DACA applicants must meet a series of other requirements related to their age and current removal or deportation status.

The recent deportation case of a 32-year-old mother of three, who was protected under the DACA program, has raised many red flags among other DACA program participants and U.S. immigration lawyers. According to the Huffington Post, the 32-year-old mother went through the process of obtaining what she believed was documentation that would allow her to travel to her native Mexico to visit family and then return to the U.S.

The re-entry permit, which is known as advance parole, allows undocumented individuals with DACA status to return to the U.S. for humanitarian and/or other sanctioned reasons. However, upon arriving at the U.S. airport, the mother was denied re-entry and deported back to Mexico. She was accompanied by two of her three children whom she was traveling with, both of whom are U.S. citizens.

According to the woman’s attorney, the mother was deported. However, “the deportation order had not disqualified her from receiving her DACA authorization.” Additionally, she was able to obtain an advance parole permit and therefore had every reason to believe that she would be allowed to return to the U.S.

While U.S. immigration officials refused to commit specifically on the woman’s case, a spokesperson stated that “applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the U.S.” The woman’s attorney stated that, while her client is being allowed to return to the U.S., she will likely face deportation and be forced to go through the process to “redetermine her DACA status.”

This woman’s story illustrates the numerous challenges that undocumented immigrants face under the contested DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs. Individuals who have questions or concerns about these programs and their specific status and rights would be wise to contact an immigration attorney.

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Immigrant STEM students may need legal help to get a green card

In the United States, the industries of science and technology don’t have enough workers who are skilled in what are known as the STEM subjects: science, technology, engineering and math. But there are many immigrants who study these subjects at American universities. For those who are concerned about the American economy and are sympathetic to the plight of immigrants seeking a green card, these facts present a problem that could be solved with meaningful immigration policy.

However, last month Congress did not pass a bill that would have given more permanent residency visas to immigrants who are getting their doctorate or master’s degrees in the United States. Some critics have said the failure to pass the bill was intentional and politically motivated.

Here is another interesting fact: of all Americans who have science or engineering degrees, over 20 percent were born in another country. As for engineering and computer science, the numbers are even higher: more than a third of those who have computer science or engineering degrees are immigrants. Still, America has a huge shortage of workers in these fields.

So far, 140,000 permanent residency visas are given each year to scientists and educators with “sustained national or international acclaim and recognition.” That number represents only 13 percent of all the permanent residency visas given to immigrants last year.

Regardless of whether you have a STEM background, immigrants in New York who are seeking a work-related visa face some challenges that are best handled with the help of an advocate with experience in immigration law. Successfully filing a petition for permanent residency can be complex and time-consuming, and consulting with an immigration law attorney can help expedite the process.

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Immigrant activist avoids detainment after a traffic stop

A simple traffic stop. That’s all it can take to be detained on an immigration violation. Many people across the country live in fear of being detained and possibly deported after a simple traffic stop because their immigration status is undocumented or they are living in the Unites States without proper documentation. Even activists are not immune to potential detainment.

An immigrant was stopped by police in another state last week, and taken to a jail where he was questioned about his immigration status by the Immigration and Customs Enforcement (ICE). Although he admits living in the country without proper documentation, ICE decided not to detain him and has not pursued immigration charges. According to a news report in the New York Times about the incident, ICE makes decisions on detaining people based on their perceived threat to public safety, as well as past immigration-related incidents.

While the immigrant was not deemed to be a threat, some people who also have no past violations may have a more difficult time fighting detainment by immigration officials. Even though this prominent activist was released, he still faces charges of driving without a license.

Others who may be pulled over for minor violations might be detained and face deportation. Immigration rights groups contend that although some people are not detained, many others with no previous criminal violations and no resources to obtain a documented immigration status could face deportation from a traffic violation.

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States adjust to let young immigrants pay in-state tuition

Education is important for U.S. citizens and immigrants alike. In some states, young people who were brought to the U.S. when they were young face special difficulties in paying for their education. One major barrier for undocumented immigrants has been the difference between in-state and out-of-state tuition. When you have in-state status, you can pay a lower tuition rate, but not all states give in-state status to young immigrants.

New York passed a law allowing state residency status for undocumented immigrants. Since the administration’s decision to allow most young immigrants to avoid deportation, other states are now taking steps to clarify their own immigration policies regarding in-state residency.

Massachusetts recently clarified its position. Now the estimated 15,000 to 17,000 young immigrants living in Massachusetts can take advantage of the in-state tuition discount. To illustrate how helpful that discount can be, The New York Times compared in-state and out-of-state tuition at the University of Massachusetts at Amherst.

There, state residents can pay tuition and fees amounting to $13,230, while out-of-state residents have to pay $26,645.

While some states like New York and Massachusetts are clarifying their immigration policies to help young, undocumented immigrants, other states are taking the opposite approach.

South Carolina, Ohio, Indiana, Colorado, Arizona and Georgia have all made it a point to bar undocumented immigrants from qualifying for an in-state tuition discount. Alabama passed a law that prohibits young immigrants from even enrolling at state colleges.

It’s been reported that since Mitt Romney had promised to repeal the administration’s deferment policy, many immigrants were waiting until after the presidential election to come forward. Now, however, young immigrants would do well to take advantage of their right to work and claim in-state residency.

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Advocates for Immigrants

Despite an unfortunately common perception in the United States, immigration charges are heard in administrative court, not a criminal court. Still, immigrant detainees throughout the country are treated like criminals.

Recently, to call attention to the inhumane treatment of immigrant detainees, a campaign called “Expose and Close” released a number of reports. These reports claim that immigrants facing deportation charges receive substandard medical treatment and are not provided with the resources they need to work on their cases.

The reports also point out that many of the jails and prisons that house immigrant detainees are located in remote areas. That means detained immigrants have a difficult time contacting lawyers and family members — the very people who can help detainees achieve citizenship, change their status, get asylum or fight deportation.

After publishing its findings, the “Expose and Close” campaign called for Immigration and Customs Enforcement to close 10 of its detention facilities, one of which is the Hudson County Jail in New Jersey. In one of these jails, a detained immigrant died because he didn’t receive the medical treatment he needed. His family was later awarded a settlement.

Another case involved a young man whose mother brought him to the U.S. on a visa. He was 8 years old at the time and was seeking asylum. When he ran into a technical issue with his immigration status, he was thrown in jail for 19 months. This kept him away from his 3-year-old son and wife, who is a U.S. citizen. All the while, he had to work on his immigration case from behind bars.

Finally, the young man was given asylum, but he missed over two years of his son’s life.

Immigrants need to know that they are not alone in their desire to become U.S. citizens. Immigration law attorneys are in the business of helping individuals and families fight deportation charges and achieve a change in immigration status.

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Harsh local policing major cause of higher deportation numbers

In the last four years, the United States has deported a record number of undocumented immigrants. But in different communities throughout the country, these deportations are higher or lower in number. Interestingly, a recent study indicates that having a larger immigrant population does not appear to be the reason certain communities deport more people.

On the contrary, factors such as local politics and police practices seem to be the major causes of higher deportation numbers in some parts of the United States. In fact, police who were surveyed in communities with higher immigrant populations enforce deportation laws on fewer occasions.

The study, which was published in the Journal of Public Administration Research, surveyed police chiefs from 237 medium to large-sized cities across the nation. According to the findings, in communities where there was a Hispanic police chief, deportation laws were not enforced as often.

The research also indicated that places where most voters are Republican, and where police chiefs answer to the city council and the mayor instead of a manager, immigration-related laws were more strictly enforced.

Perhaps most significantly, the study found that “cities with high shares of immigrants in the population tend to experience less aggressive enforcement.”

In about half of the cities addressed in the research, there had been no city policy regarding the enforcement of immigration laws. That means those police departments were either coming up with their own guidelines or letting officers on the streets make the decisions.

With such widespread disparity in deportation enforcement, immigrants will need a strong deportation defense. If you would like to learn more about defending against deportation, please stop by our office. Our firm helps immigrants who have been detained or who are facing deportation.

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Citizenship and green cards: What does the future hold?

On what can be a rocky path to citizenship or a green card, many immigrants in the United States find creative and sometimes illegal ways to gain employment. From a legal perspective, this is not advisable, but the need to provide for one’s family while striving for a better future is something most Americans would identify with. People from nations with governments that fail to provide for their citizens often find that immigration to the U.S. is the best possible option for happiness and prosperity.

Reforming U.S. immigration law is set to be one of the top priorities. The issues involved are complex and numerous, as industries ranging from agriculture to high technology will likely make their lobbies felt. The states and the federal government will also bring their specific concerns to the table, and immigrants would do well to remain alert to any changes to the law.

Immigrants, too, documented or not, are speaking up to let officials know that changes need to be made. The administration initiated the deferred action program for young immigrants, but meanwhile, deportation numbers have risen significantly. Also, Immigration and Customs Enforcement stepped up audits of employers who may have hired undocumented immigrants.

In fact, ICE audited more companies recently than in any year before. During an audit, ICE looks at employer I-9 forms, which indicate whether a worker is authorized to work in the U.S. Employers are required to make sure the documents provided by the worker look real. But if ICE finds out that a Social Security number doesn’t match up with the provided name, the employer could be fined.

Immigrants who find themselves caught up in an I-9 dispute may want to consult with an immigration attorney.

To learn more about immigration law and how it relates to citizenship, permanent residency, families and employment, please visit our office. Our firm helps people in a variety of ways regarding immigration law.

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Green cards and the EB-5 program

A green card is a highly coveted document that can allow non-citizens to live and work in the United States permanently. As a result, many people hoping to live in the US would love to get their hands on one.

However, there is only a limited supply of green cards available each year, approximately 50,000 for qualified immigration applicants. With millions of people from all around the world hoping to win one in the lottery, demand is obviously very high.

However, wealthy people have an advantage that others do not. They can speed up the typically years’ long wait if they are willing to pay a price into a special 22-year-old federal program called EB-5. The investment required can be at minimum anywhere from $500,000 to $1 million, depending on the area of investment.

Under the EB-5 program, foreign investors can obtain U.S. residency by investing in a new or growing company. This would seem like a win-win situation, both for foreign investors and for businesses seeking capital in this down economy. In fact, the number of foreign investors applying for the EB-5 program has quadrupled in the previous three years.

In order to qualify, the investment must create or preserve at least 10 full-time jobs within two years of the investment. If this is the outcome, then after the two years, the investor is eligible to apply for a green card, which has a very high success rate. In the meantime, once the investment is made and the government has approved the project, then the investor is eligible for temporary residency for themselves and their family. If the investment fails to meet the job creation requirement in the two-year period, then they will not obtain green cards.

Consultants and brokers work to match foreign investors with promising investments in U.S. companies that will meet the requirements of the EB-5 program, while at the same time offer the hopes of breaking even, or maybe even making a profit.

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The administration pushes for comprehensive immigration reform

Undocumented immigrants throughout the United States have their eyes on lawmakers as they try to agree on much-needed immigration reform. Democrats and Republicans alike have been searching for a way to reform immigration policy.

But the parties don’t agree on how to make changes. The New York Times reports that the White House is pushing Congress to accept a comprehensive overhaul of immigration laws. The administration says its comprehensive bill needs to be passed quickly in order to give the majority of the 11 million undocumented immigrants an easier path to citizenship.

But Republicans want a different approach. They want a series of bills, rather than comprehensive legislation. One bill would address highly skilled workers; another would address young immigrants, and another would address migrant farm workers. Apparently, breaking the legislation into pieces would be more readily accepted by members of the Republican party who are reluctant about making the path to citizenship easier.

Some people in the country have complained that immigration reform would constitute amnesty for so-called “illegal immigrants,” but the White House disagrees. It isn’t simply amnesty.

In fact, the plan would require some undocumented immigrants to pay back taxes and fines, as well as address other legal issues in order to achieve legal status. The proposal would also initiate a guest-worker program for immigrants with low incomes; create new visas to eliminate the backlog of applications; and let immigrants with certain in-demand skills remain in the country.

Regardless of the particular plan of action adopted by legislators, undocumented immigrants throughout the country will need to remain aware of their legal options for achieving a change of immigration status.

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Family-based immigration reform

In a recent display of executive power, the administration issued a new rule making it easier for families to remain together while an immigrant family member applies for permanent residence.

In the past, many undocumented immigrants have been reluctant to apply for permanent residency because it meant they would have to leave the country to do so. But starting on March 4, if an undocumented immigrant can show that being away from his or her U.S.-citizen family members would constitute an “extreme hardship,” the application process can start within the U.S.

Applicants will still have to pick up their visas in their native countries, but not having to leave the U.S. until that time will be a great relief for many immigrants. The new measure is designed to reduce the amount of time families have to spend apart during the application process.

Too many immigration cases in past years have ended when a relative of a U.S. citizen was killed in another country while awaiting a decision on immigration status.

About one million undocumented immigrants in the U.S. could make use of the new rule.

On March 4, a “hardship waiver” could also be given to undocumented immigrants who have overstayed their visas. Before the new law, it was necessary for those who overstayed their visas to leave the country to apply for permanent residency.

“The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon,” said the director of U.S. Citizenship and Immigration Services.

Many questions arise when it comes to family-based immigration. Family members who are seeking an adjustment of status or a green card would do well to consult with an immigration attorney who can clarify exactly what options are available.

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Kids of detained immigrants take legal action to stop deportation

Family members of detained immigrants are often shocked that their loved one, who isn’t a violent or otherwise dangerous person, has to sit in a detention center while his or her immigration case moves forward. Families are split up, even when children in the family are U.S. citizens but their parents are not.

Consider the saddening detention story of one family. The 18-year-old daughter, who is a student at a local community college, has had to essentially stop her life while she and her brother work on freeing their parents from immigration detention.

Agents from Immigration and Customs Enforcement appeared at the family’s home one morning and detained the parents, who were initially taken to Federal Plaza. Matters became more complicated, however, when the father was moved to a County Jail in another state, while the mother was taken to a County Correctional Center. For several days, the couple’s children didn’t even know where authorities had taken their parents.

Meanwhile, the kids are unsure if they can scrape together money to pay rent.

ICE’s definition of a deportable immigrant is broad. In this case, the father, who is a bus maintenance worker, was convicted twice of DUI more than 10 years ago. The mother, who works at a local packaging factory, has no convictions. The parents were also ordered to be deported about seven years ago, but they didn’t appear for a hearing.

The immigration bill now proposed in the Senate would make immigrants who have been convicted of drunken driving three or more times eligible for deportation. The bill would also make immigrants ineligible for a legal change of status if they have three misdemeanor convictions.

As for this particular family’s struggle, the daughter and brother have taken emergency legal action in an attempt to stop the deportation of their parents. Other families who are going through this kind of ordeal should be aware of their legal options for keeping their loved ones near.

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Seeking asylum: A difficult battle

The United States guarantees asylum to individuals who are in the country and can prove they have suffered persecution or have a legitimate fear that they will if they go back to their country of origin. This is one very viable path to citizenship in the country. Also, the country does not limit the number of people who can seek asylum. Nevertheless, immigrants seeking citizenship always face hurdles in their chances for a new life.

To obtain asylum privileges, candidates must make a case. This is usually completed through interviews with immigration officials. If they make an unsuccessful case, immigrants must return to their home country. However, it is important to know that the process is very difficult. Approximately 86,053 applicants sought asylum in the U.S. in one year alone; however, only 29 percent were victorious.

There are two ways to make a pitch for asylum: affirmative and defensive. Affirmative cases are initiated by applicants who are legally in the country at the moment. A defensive case is when someone is in the country illegally, and the filer is attempting to prevent deportation. Defensive applicants must present physical evidence, provide witnesses and submit proof of the conditions in their country of origin. Ultimately, they must include information to demonstrate that they were persecuted at home or would be if they returned.

The case for asylum is not easy. For this reason, it is best to retain a qualified immigration attorney in developing a case. Again, the burden of proof is very difficult. One mistake could lead to automatic deportation, which could send victims back into poor living conditions. To learn more about immigration options, contact an experienced lawyer in your area.

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Irish immigrants hope for work visas in an immigration bill

The recent unveiling of the Senate bill for comprehensive immigration reform has people hoping that real change may be on the way, but immigrants also have a healthy degree of skepticism about whether the proposal will actually be signed into law.

The five boroughs are home to immigrants from nations across the globe. People from Ireland, for instance, have historically played a major role in the city’s construction industry. Now Irish and Latin American immigrants are hoping together that the Senate bill makes headway, in large part because the bill would provide thousands of temporary work visas for laborers in the construction industry.

Irish immigrants have been arriving in the United States for more than 200 years, and now the Irish community offers a strong support network for those who come here and decide to stay. The Bronx’s Gaelic Park is an iconic structure for Irish people in New York City, and one footballer at the park estimated that roughly 99 percent of the players were in the country without legal documentation.

That man is like many Irish immigrants who come to the U.S.: he found work on construction sites and hopes to climb his way up and make a good living. He says that playing Gaelic football is a way to network and find jobs.

An Irish construction company owner expressed dismay at how difficult it is for new immigrants to achieve legal permanent residency and citizenship. He said that when he came to the U.S. in the 1980s, it was easier to establish oneself. He hopes the Senate bill passes into law and that immigrants can come “out of the shadows.”

Still, those hopes are tempered by the fact that immigration reform bills have been proposed in the past and failed. For now, they will just have to wait, perhaps take some civic or legal action, and see what lawmakers decide.

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Citizenship application fee a big obstacle for many immigrants

Recent research shows that, when immigrants consider applying for citizenship, price matters. When you add the application fee to the cost of getting fingerprints, the total comes to $680. And the research suggests that the price is a serious deterrent to a lot of would-be citizens.

There are immigrants who are among the 8.5 million people eligible for citizenship. These are green card holders, but the high price of the application stands in many people’s way.

In fact, research conducted by the Center for the Study of Immigration Integration indicates that citizenship applications have dropped significantly. That was likely due to the increase in the application fee.

A news article quotes a 78-year-old woman who was born in the Dominican Republic. She is a retired seamstress who now lives in East New York. She says she can’t afford to pay to renew her green card, much less the steep application fee. “I want to be a citizen,” she said, “because it’s a beautiful thing to vote. And you can be calm in this country. There’s no other country like this one.”

According to a study by the Pew Hispanic Center, about 93 percent of immigrants of Latino heritage expressed the desire to apply for citizenship, but 18 percent of those surveyed said that the application fee was their main obstacle.

Right now the path to citizenship is not an easy one, but there is real hope throughout the country that meaningful immigration reform is on the way. There is also legal help available for immigrants who want to ensure the best chance that their citizenship applications will be accepted.

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News outlets to stop using offensive immigration terms

A long-overdue change is happening in the way mainstream U.S. media refers to immigrants who are in the country without legal documentation. We’ve written before about the stigmatizing, offensive connotations associated with the term “illegal immigrant.” After all, not having official immigration documents is not a criminal matter; it’s a civil one.

Now, after months of criticism, the Associated Press has announced that it will cease using the offensive term, likely replacing it with something more accurate, such as “living in the country without legal permission.” Other offensive terms such as “illegal aliens” or “illegals” had already been dropped from the AP style guide.

While some news sources, such as the Huffington Post, had already stopped using “illegal immigrant” in their reporting, one major news organization still does: The New York Times. It was reported, however, that the staff at the Times is currently discussing a change and that any standardized alteration would be announced in the near future.

These positive steps in the right direction signal a wider change in the national political climate. Most Americans support an easier path to citizenship, and lawmakers appear to be working more intently on meaningful immigration reform than they have in years.

For immigrants who are waiting or working for permanent residency, these developments can’t unfold quickly enough. People throughout New York are advocating for a better immigration system, one that doesn’t tear apart families and leave immigrants waiting for years and years for judgments.

To ensure that their cases are handled carefully and efficiently, immigrants may want to explore their legal options by consulting with a citizenship attorney.

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Asian American groups urge you to file for any family visas now

Under the current version of the immigration reform proposal making its way through Congress, U.S. citizens and green card holders may no longer be able to sponsor those relatives U.S. immigration law categorizes as “lower preference,” such as siblings and married adult children, for lawful permanent residency. While the bill is unlikely to be passed this session, limitations on family immigration are likely to be included or at least used as a bargaining chip, in the final bill.

According to the Congressional Asian Pacific American Caucus, Asians are more reliant on family immigration than most other groups. In fact, nearly half of all immigrants seeking family visas are from Asia. Even now, immigration opportunities are limited for “lower preference” family members. An application backlog has stretched the waiting time for siblings and married children of citizens to get green cards to as long as two decades, in certain cases.

With that in mind, a number of Asian American advocacy groups are urging people to act now if they plan to sponsor relatives for family immigration — or the opportunity to do so may disappear.

“We’re saying file now if you’re thinking about it,” says the head of Asian Americans Advancing Justice. “Then you’ll be in line if a bill passes and diminishes the ability to file.”

While family immigration is of particular concern to Asians, a path to citizenship for unauthorized immigrants is also a high priority in immigration reform. Of the estimated 11 million unauthorized migrants in the U.S., more than a million are thought to be from China, Vietnam, Korea or the Philippines.

Asians are less enthusiastic about the current reform bill than other groups, if we accept immigration lawyer and former California state assemblyman Mike Eng as an exemplar. He expressed outrage at the reform effort having been focused primarily on employment-based immigration for high-skilled workers who promise immediate economic benefits to the U.S. Particularly for the Asian American community, these priorities come as a bit of a shock.

“This is the most far-reaching, invasive and detrimental proposal for immigration reform on the Asian American community in at least the last four to six decades,” he told reporters.

Even if you’re not from an Asian background, the advocacy groups’ advice is sound. If you’re considering sponsoring a family member for a green card — especially if that family member is categorized as “lower preference” — apply as soon as possible to preserve your best chance of success.

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U.S. citizens’ siblings face a 12-year wait for immigrant visas

When people talk about reforming our immigration system, they often discuss only the issues surrounding undocumented immigrants. In some cases, they may bring up the difficulty U.S. employers have bringing in needed workers on H1-B visas or keeping them when those visas expire. Perhaps because its economic impact is less obvious, family-based immigration gets less attention in the debate, but our family immigration system is also out of date — and it often seems to thwart the goal of bringing families together.

One New York man just wrote into the New York Daily News “Citizenship NOW!” blog about how to get an immigrant visa and ultimately a green card for the sister of a U.S. citizen. The woman is a divorcee from China whose teenage daughter is coming to the U.S. to attend a private school. The woman’s sister is a U.S. citizen who is willing to sponsor her for lawful permanent residency so she can be with her daughter long term.

Unfortunately, the answer was somewhat disheartening. Even if the woman has no other bar from getting a green card, she will have to wait around 12 years before she is eligible for a green card through sponsorship by her sister. That’s because the U.S. currently only allows 65,000 immigrant visas annually for siblings of U.S. citizens seeking permanent residency.

That does not mean she has no way to come to the U.S. to be with her teenage daughter while she attends high school. She should be able to get a B-2 tourist visa for up to six months and then apply for extensions as necessary. However, she would not be allowed to work. She could apply for an EB-5 investor visa if she has $500,000 to invest in a U.S. business. Or, she might qualify for an immigrant visa on her own merit if she has extraordinary ability as a professional, researcher, or an activity that would substantially benefit the U.S. national interest.

In other words, there are a number of options for obtaining an immigrant visa that can lead to a green card. That said, shouldn’t her family ties be enough?

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Confused by the changes to permanent resident fee-payment rules?

Some changes were recently made to the procedures at the U.S. Department of State for paying the fees required for family-based immigrants seeking lawful permanent residence in the U.S., or “green cards.” Depending on your situation, there may be two fees.

Every immigrant applying for permanent residency must pay the U.S. Immigrant Visa fee to the United States Citizenship and Immigration Services. If you’re applying for a green card and are already in the U.S., you will also need to pay a separate fee to the Department of State’s National Visa Center to process your I-864 Affidavit of Support.

The reason this can be confusing is the requirements for who has to pay these fees and when. Either the immigrant or the petitioner (also called the sponsor) can pay the processing fee for the I-864 affidavit, although it is more commonly paid by the petitioner. It can be paid by a transfer from a checking account, a certified check or a money order. The fee is currently set at $88 for those applying for permanent residency from within the U.S.

Once you’ve filed the I-864 affidavit and the National Visa Center is ready to process it, the center will send an invoice for the fee to your petitioner, along with payment instructions.

Next, is the U.S. Immigrant Visa Fee paid to the USCIS. This is required for processing and producing your green card, currently $165. The rules for payment are different for this fee.

Only the immigrant can legally pay this fee, although one person can pay for all accompanying family members.
It is to be paid online, and only by a credit card, a debit card, or transfer from a checking account — not a money order or certified check.
The immigrant has up to a year to pay the fee.
If you don’t pay the fee within a year, it won’t technically affect your status as a lawful permanent resident, but the USCIS will not issue you a green card until you pay. Therefore, the agency recommends you pay this fee after you receive your visa packet but before you enter the U.S. if you’re applying from abroad.

You should also know that fee waivers are available in certain circumstances. Check with an immigration lawyer or the USCIS for more information.

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US diversity visa lottery not affected by government shutdown

The Diversity Immigrant Visa Program often called the DV lottery or the “green card lottery,” is up and running at the Department of State. The reason the lottery isn’t affected by the federal government shutdown is that many immigration activities of the U.S. government are funded through fees from applicants — although there is no fee for the diversity lottery. So, while some parts of the State Department are subject to furloughs, the diversity lottery, or DV-2015, is moving forward as usual.

The annual lottery allows 50,000 eligible people from qualified countries to obtain lawful permanent residency in the U.S. Don’t be confused by the terminology — a “Permanent Residency Immigrant Visa” is another term for a green card. Qualified applicants must apply online at the State Department’s Electronic Diversity Visa Lottery website. Then, a computer will randomly draw winning applicants’ names.

One important thing to know is that winning the green card lottery does not automatically mean you will get a green card. More than 50,000 people are chosen because some of the winners turn out not to be qualified, and others decide not to pursue permanent residency after all. If you do win the visa lottery, you will still go through a final interview before you receive a green card.

In order to qualify for the lottery, you must meet two basic requirements. First, you must be a native of a qualifying country, which means one with historically low rates of immigration to the United States. There are some situations in which you could be considered a native of your parent or spouse’s homeland, and some other rules that could apply. You can learn the specifics in the materials provided on the application website.

The second requirement concerns education and work experience. To qualify, you must either have completed the equivalent of high school or have at least two years of experience working at a job that requires at least two years of training. Again, more information about specifics is available from the Electronic Diversity Visa Lottery website.

The green card lottery is only one option for obtaining lawful permanent residency in the U.S.

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Green-card holders are included in the Affordable Care Act

If you’re already a lawful permanent resident of the U.S. or want to become one, you should know that you’re covered by the Affordable Care Act, which provides access to health insurance through public exchanges and, in many cases, offers government subsidies to buy it. Although the federal government shutdown seems to be an effort to stop the ACA, the fact is that enrollment for insurance offered through the ACA has already begun, and coverage begins on Jan. 1.

Immigrants become eligible for coverage — and any available subsidies — through the ACA as soon as they become lawful permanent residents (green-card holders). A key part of the ACA is to make health insurance affordable for everyone, so the federal government is offering financial assistance for those with lower incomes.

The subsidies vary by income but may qualify for help if your household income is 400 percent of the federal poverty rate or less. That means that a single person would typically qualify for subsidies if he or she makes up to $45,960, while a family of four could make up to $95,200 and qualify. If you make less than 138 percent of the federal poverty rate, you may qualify for Medicaid instead, if you’ve been a green card holder for five years.

According to statistics cited by the New York Daily News, the average plan through the ACA is expected to cost 53 percent less than the same plan, purchased on the individual market, cost before the new law was passed.

Green card holders should also be aware that the penalty provision in the Affordable Care Act also applies to permanent residents. The ACA requires you to have health insurance or pay a penalty. The penalty is $95 or 1 percent of your income, whichever is higher, but the penalties go up each year.

You don’t have to buy the required health insurance through the ACA exchange — if you have Medicaid, health insurance through your job, or private, comprehensive insurance you like, you won’t owe any penalty.

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Wait times for green cards for immediate family at record highs

Both young people and immigrant advocacy groups alike cheered when the launch of the Deferred Action for Child Arrivals program was announced. For those unfamiliar with this program, it essentially enables those young people who satisfy certain conditions to live and work in the United States for two years, subject to renewal, and then perhaps be eligible for work authorization.

Thus far, the DACA program has enjoyed great success as over 521,000 young people had received deferrals by early February, and U.S. Citizenship and Immigration Services processing over 2,000 applications a day.

However, this great success has not come without a cost, as many citizens or permanent residents have seen the wait times for securing a permanent resident visa — or green card — for their immediate family members (spouses, children, parents, etc.) triple.

According to sources, USCIS was given only two months to make the necessary arrangements for the launch of the DACA program having to devote considerable manpower and spread already limited resources to cover the deluge of applications.

While these efforts proved successful, the area of green card applications suddenly saw major delays in processing times, with some families now being separated for over a year and the application backlog growing to over 500,000.

“U.S. citizens petitioning for green cards for immediate relatives are a high, if not the highest, priority in the way Congress set up the immigration system,” said a spokesperson with the American Immigration Lawyers Association. “This is a problem that needs to be fixed quickly.”

Family members who are citizens or permanent residents are able to sponsor their immediate family members for a green card, a process that has been recognized as especially efficient since there are no annual limits on the number of green cards issued.

In general, the family member submits a petition to USCIS, which will grant its initial approval. From there, the visa petition passes through both the State Department and foreign consulates. While this may seem like a rather lengthy process, it has historically taken five months or less.

The USCIS has indicated that it is working hard to reduce the wait times for the processing of green cards back down to five months, but that this likely won’t occur immediately.

In the meantime, this news is likely of little consolation to families that have been apart for over a year, having to put their plans for school, housing, and life on hold.

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Report finds federal government is losing more deportation cases

The Transactional Records Clearinghouse at Syracuse University, whose stated purpose is to gather “comprehensive information about staffing, spending, and enforcement activities of the federal government,” recently released a very eye-opening report discussing how immigrants are faring in the fight against deportation.

Somewhat surprisingly, the TRAC report reveals that almost half of all immigrants facing deportation over the course of the last year have emerged victorious in their legal battles to stay in the U.S.

Breaking the numbers down, the TRAC report found:

Immigration judges have heard 42,816 deportation cases since the start of fiscal year back in October and since that time have ruled in favor of immigrants in nearly 50 percent of cases.
Immigrants have seen higher success rates in immigration courts located in California, Oregon, and New York.
Attorneys with Immigration and Customs Enforcement, who represent the federal government in the immigration courts, won roughly 52 percent of their cases.

ICE attorneys have been losing more deportation cases with each passing year since 2009. Curiously, experts are somewhat baffled as to the reasons for this trend given that immigration laws here in the U.S. have not undergone any substantial changes over the last few years. However, some are theorizing that the trend can perhaps be attributed to a concerted effort by the administration to change its approach to immigration law enforcement.

For instance, the administration has issued a series of policy orders over the last few years directing ICE to exercise greater discretion in deportation cases, such that less of an effort is made to deport those immigrants who have been here in the U.S. for many years, and who pose no threat to public safety or national security.

“ICE’s enforcement strategies and policies are designed to prioritize its resources on public safety, national security, and border security threats,” said a spokesperson for the agency. “ICE continues to focus on sensible, effective immigration enforcement that prioritizes the removal of criminal aliens and those apprehended at the border while attempting to unlawfully enter the United States.”

While these TRAC report figures are certainly encouraging, many experts are warning that it’s still far too early to draw any real conclusions. In the meantime, here’s hoping the trend of more people successfully fighting deportation in the immigration courts continues for the foreseeable future.

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Mayor announces new incentive for securing municipal ID cards

Unlike many other locations in the U.S., New York City is a year-round tourist destination. In other words, the allure of the world-renowned performing arts centers, concert halls, zoos, botanical gardens, and, of course, museums is so great that many people are willing to brave less than ideal weather conditions to see all that the city has to offer.

Interestingly, the Mayor announced a new program yesterday that will provide the city’s undocumented immigrants with the chance to see these same cultural landmarks free of charge provided they enroll in the new municipal ID program.

Created by legislation signed by the mayor back in July, the municipal ID program will be open to all residents of the city’s five boroughs able to provide proof of identity (foreign birth certificate, driver’s license, etc) and satisfy certain residency requirements.

The ID cards, available free of charge during the first year of the program, will feature both a picture and list a person’s vital information, such as their name, address, and date of birth (along with an expiration date).

The thought is that these municipal IDs will be of great assistance to the city’s rather sizeable undocumented immigrant population, who should theoretically encounter less difficulty performing the tasks that many people otherwise take for granted with the IDs, including signing leases, opening a bank account and accessing city services.

As mentioned earlier, the mayor, working in conjunction with the Cultural Institutions Group, has devised a program promising that anyone who secures a municipal ID will get a one-year pass — equivalent to a standard family or individual membership — to 33 of New York City’s top landmarks.

This one-year pass, which promises free admission and discounts, includes everything from the Bronx Zoo and the Metropolitan Museum of Art to the New York City Ballet and Carnegie Hall.

“The municipal ID is a powerful tool to bring more New Yorkers out of the shadows and into the mainstream.” “It is now also a key that opens the door for hundreds of thousands of more New Yorkers to our city’s premier assets in culture, science and entertainment.”

It will indeed be interesting to see how many undocumented immigrants here in New York secure the ID cards.

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Supreme Court to decide on basis for denying family visas

If you were born in the United States, you may not understand how difficult it is to get citizenship in our country. It’s a long process filled with applications, the possible need for sponsorship, and a long list of federal laws that may be incredibly difficult to understand without proper legal help. And in the end, there is no guarantee that an application for citizenship will be approved in the end.

As some know, when a visa petition is denied by the U.S. Citizenship and Immigration Services office, the denial letter usually cites a reason why and tells the petitioner how they may appeal. But what happens if the reason is too vague and offers little explanation for why the application was denied? What if this lack of information is standing in your way of moving forward with an immigration application?

One case exemplifies these questions perfectly and is partially the reason why the U.S. Supreme Court is set to look into the issue behind these questions. Depending on how the higher court decides, the case could force the government to provide a better explanation for why a visa application has been denied, especially in instances where the grounds for denial were because of “terrorism-related reasons.”

On top of highlighting the complexity of immigration laws in our country, the issue before the Supreme Court further illustrates the necessity of getting the right help when dealing with complicated legal issues. Obtaining a lawyer can make sure that you are following the immigration process to the letter of the law and that the agencies in charge of immigration are not violating your rights as well.

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The Form I-130 and financial sponsorship

In order for a citizen-sponsor to help their loved one secure a green card, they must not only provide evidence demonstrating that the documented familial relationship exists, but also provide evidence that they have sufficient assets/income to support them upon their arrival here in the U.S.

Once the Form I-130 petition has been filed and U.S. Citizenship and Immigration Services determines that the relative is eligible to immigrate, the citizen-sponsor will then be required to file Form I-864, Affidavit of Support. This document is essentially an agreement to provide financial sponsorship for the relative upon their arrival.

In the event the citizen-sponsor does not meet the minimum qualifications for financial sponsorship, it will be necessary for another qualifying individual to make this commitment before the relative can immigrate.

The waiting period

It’s important to remember that filing Form I-130 only serves to establish the familial relationship between the citizen-sponsor and the relative and does not mean that they can immediately move to the U.S.

Indeed, USCIS indicates that relatives living outside the U.S. should remain in their native country until they are given the green light for a green card. An exception to this is that the spouses, unmarried children under 21 and parents of citizen-sponsors who originally entered the U.S. legally can apply to adjust their status to permanent resident at the same time the Form I-130 is filed.

Form I-130 and processing times

According to USCIS, it is impossible to provide an exact timeframe for the processing of Form I-130 given the number of variables involved. However, the agency does post updated processing times on its website.

Consider speaking with an experienced legal professional to learn more about this process or any other family immigration matters.

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Just how hard is it to secure refugee or asylee status for a relative?

When a person is granted refugee or asylee status here in the U.S., it understandably comes as a great relief given that they are typically looking to escape persecution or otherwise dangerous conditions in their home nation.

In light of this reality, it’s understandable how people in these situations would want to see this same type of relief extended to family members who may be facing similar persecution or danger.

In today’s post, we’ll examine the steps a person can take to help their relatives secure refugee or asylee status here in the U.S.

How does a person even go about helping their relatives secure refugee or asylee status here in the U.S.?

In general, a person granted refugee or asylee status in the U.S. can help their relative secure the same status by filing the Refugee/Asylee Relative Petition otherwise known as Form I-730.

Are there any limitations on filing Form I-730?

Yes. An I-730 petition can only be filed within two years of being granted refugee or asylee status in the U.S.

In the event it has been longer than two years, officials with U.S. Citizenship and Immigration Services advise those looking to help a relative secure refugee or asylee status to consider speaking with a legal professional to explore other options.

Can you file Form I-730 on behalf of any relative?

Unfortunately, the Form I-730 may only be filed on behalf of 1) spouses or 2) unmarried children who were less than 21 years of age at the time the petitioner was granted refugee or asylee status in the U.S.

We will continue this discussion in a future post …

If you have questions about refugee or asylum-related matters, consider speaking with an experienced attorney as soon as possible to learn more about your rights and your options.

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What happens after a federal judge refuses to lift an immigration injunction?

A federal judge in Texas issued an injunction spoiling plans to start rolling out programs designed to realize the objectives spelled out in the administration’s historic executive order that would prevent the deportation of as many as five million undocumented immigrants.

The injunction was sought by the Attorneys General of 26 states who successfully argued that the administration had exceeded its authority such that the executive order was unconstitutional.

For their part, the administration filed a motion requesting that the injunction be lifted while an appeal was pursued, arguing that among other things that the 26 states lacked legal standing.

In recent developments, the federal judge refused to lift the injunction in a ruling handed down last Tuesday.

What did the ruling say?

In his ruling, the judge indicated that the administration had indeed exceeded his constitutional authority. Furthermore, he held that his actions in the executive order were violative of established administrative procedures and therefore could not be allowed to move forward during the pendency of the litigation.

Simply put, he refused to lift the injunction on the grounds that doing so would result in irreparable harm.

It is worth noting that he also called out Justice Department attorneys for misrepresenting the facts concerning whether any part of the executive order had already been implemented.

What happens next?

The Justice Department has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit requesting that it lift the injunction and allow the immigration programs to roll out. Oral arguments are scheduled for later this week.

Any indication as to how the appeals court might decide the issue?

Legal experts are indicating that the appeals court might actually lift the injunction in light of a decision it made last week concerning a challenge filed by state officials and immigration agents concerning the executive order creating the Dream Act.

Here, the court found the arguments by state officials that allowing undocumented immigrants to remain in the U.S. resulted in considerable expense, and the arguments by immigration agents that they were legally unable to detain undocumented immigrants unpersuasively. Specifically, they found that these plaintiffs suffered no harm because of the executive order and therefore lacked the legal standing to challenge it.

Legal experts say that this is significant given that the arguments heretofore made by the 26 AGs in the present matter are very similar to those made by the states and immigration agents.

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Exceptions to the naturalization test for elderly individuals

The naturalization test is the last step toward becoming a citizen of the United States. As many people know, however, the test is anything but easy. While diligent preparation is enough for some people to pass, others — including the elderly — have limitations that make it near impossible for them to even take the test. Fortunately, the U.S. Citizenship and Immigration Services offers exceptions and accommodations.

It is no secret that learning a new language at an old age is very difficult. When an elderly individual also lives with a medical disability, the English portion of the naturalization test is near impossible. For this reason, the first exemption applies to elderly individuals who do not speak English but have lived in the U.S. continuously for a substantial amount of time.

There are two rules regarding exemption from the English test, but not the civics test. The first states that if you have been a U.S. permanent resident for 20 years and you are at least 50 years old when you apply for citizenship, you will not have to take the English exam. The second says that if you have been a permanent resident for at least 15 years and are 55 or older, you are exempt from the English test.

Although people who are exempt from the English test under these rules must still take the civics exam, there are some accommodations allowed if language is the main barrier. You may take the civics exam in your native language as long as you bring an interpreter who is fluent in your language and English to assist with the interview portion.

Elderly individuals who also live with certain medical disabilities or mental impairments may be exempt from both the English and civics tests. To seek exemptions from both, you must file certain documentation that includes statements from a doctor explaining your diagnosis.

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Even if you think that you or your loved one is eligible. The path to U.S. citizenship can be quite complex

There are plenty of people who come to the U.S. seeking citizenship. Considering the process of citizenship can be complex, the celebrations when these requirements are met — and someone officially becomes a U.S. citizen — can be quite emotional, in a good way.

At our Law Office, we understand the complexities of the law surrounding citizenship and can help explain the different requirements. These requirements typically include living in the U.S. for a certain amount of time, being able to read, write and speak English, and having some knowledge of the government and history of the United States.

It should be noted though, the requirements do not stop there. In addition, it must be deemed that someone has a good moral character, is favorable to the U.S. and has some type of connection, or bond, to the U.S. Constitution.

For those interested in obtaining citizenship, all of these requirements can no doubt feel overwhelming. Understandably, there may also be questions on how to prove an attachment to the Constitution or one may wonder how much needs to actually be known about U.S. history in order to become a citizen.

At our Law Office, we can help answer the questions someone may have pertaining to immigration matters. We know that no two cases are the same. This is why we encourage those interested in obtaining U.S. citizenship to talk with our immigration law attorney. Exemption or accommodation, it is often beneficial to work closely with an experienced immigration attorney. The processes for seeking an exception can be complex, and it is important to handle it correctly when your citizenship is on the line.

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Why some green card holders are not pursuing citizenship

Becoming a legal U.S. citizen is something that people all over the world strive for. Many people spend years or even decades waiting for a visa or trying to complete the requirements necessary to even be eligible for citizenship. The process can be a long and hard one for many immigrants.

But why, then, are thousands of people who are eligible to apply for naturalization putting it off? Recent estimates put the number of people who choose not to naturalize, even though they have green cards, at about 40 percent. This may be a surprising statistic, especially to those who want nothing more than to become a naturalized citizen of the U.S. So why are so many people choosing not to become citizens?

There are many factors that sources say may play a role in a person’s decision against naturalization. Some people have such a strong national identity with their country of origin that becoming a citizen in another country makes them feel as though they are giving up a piece of themselves. Others are not allowed to have dual citizenship in the U.S. and other countries.

But there are a number of factors in a person’s decisions that have more to do with the citizenship and naturalization process in this country than anything else. For starters, there is a $680 fee just to apply. This may be too much money for some people, while others would rather use their money elsewhere. People also may fundamentally disagree with immigration policies or they may simply lack the desire to follow through with the confusing and overwhelming process, so they decide to just avoid it.

However, even though they are lawful permanent residents, green card holders who do not naturalize will face some challenges. They cannot vote or leave the country for extended periods of time. They are still at risk of being deported and they cannot access certain types of government assistance.

Even though the citizenship process in the United States can be complex and intimidating for people, it is something that many people do in order to be naturalized as a U.S. citizen. And with the help of an immigration attorney, it may be easier for people to successfully pursue and apply for citizenship.

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Seeking asylum: A difficult battle

The United States guarantees asylum to individuals who are in the country and can prove they have suffered persecution or have a legitimate fear that they will if they go back to their country of origin. This is one very viable path to citizenship in the country. Also, the country does not limit the number of people who can seek asylum. Nevertheless, immigrants seeking citizenship always face hurdles in their chances for a new life.

To obtain asylum privileges, candidates must make a case. This is usually completed through interviews with immigration officials. If they make an unsuccessful case, immigrants must return to their home country. However, it is important to know that the process is very difficult. Approximately 86,053 applicants sought asylum in the U.S. in one particular year, however, only 29 percent were victorious.

There are two ways to make a pitch for asylum: affirmative and defensive. Affirmative cases are initiated by applicants who are legally in the country at the moment. A defensive case is when someone is in the country illegally, and the filer is attempting to prevent deportation. Defensive applicants must present physical evidence, provide witnesses and submit proof of the conditions in their country of origin. Ultimately, they must include information to demonstrate that they were persecuted at home or would be if they returned.

The case for asylum is not easy. For this reason, it is best to retain a qualified immigration attorney in developing a case. Again, the burden of proof is very difficult. One mistake could lead to automatic deportation, which could send victims back into poor living conditions. To learn more about immigration options, contact an experienced lawyer in your area.

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H-1B visa controversy and requirements

Immigration is bound to be a major and divisive issue in a presidential election. While much of the media’s attention is paid to the issue of illegal immigration and how to handle the millions of undocumented immigrants who are currently living in the U.S., concerns have also been raised about those individuals who come to work in the U.S. on H-1B visas.

While opponents of this employment visa program argue that it only serves to take jobs away from Americans, proponents contend the program is necessary to ensure that U.S. companies remain competitive. Additionally, those who support the program also assert that U.S. companies are struggling to find enough qualified workers and that the visas are provided only to highly educated and skilled professionals in their respective fields.

In order to obtain an H-1B visa, an individual must be sponsored by a U.S. employer and be able to unequivocally demonstrate that an employer has the ability to “hire, pay, fire, supervise” and otherwise control one’s employment. H-1B visas are intended for individuals who possess at least a bachelor’s degree and are considered to be highly specialized in their respective fields.

Annually, only 65,000 H-1B visas are issued and the first 20,000 petitioners who possess a master’s degree or higher are exempt from this cap amount. Due to the cap on the number of H-1B visas that are issued, employers and employees who wish to participate would be wise to ensure that they submit all of the necessary paperwork and documentation in a timely manner.

An attorney who handles employment immigration matters can answer questions and assist in the H-1B visa application process. Additionally, for employees who are already in the U.S. on an H-1B visa, an attorney can assist in sorting out any issues related to a change in status or employment.

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The challenges of obtaining a non-immigration visa

In order to visit the United States, citizens of other countries must obtain a visa. In cases where an individual plans to travel to the U.S. as a tourist or visitor, he or she must apply and be awarded what’s know as a B-2 visa. However, the process of applying for even a non-immigrant visa can be laborious and requires that an individual complete the online DS-160 application.

Documents that must be provided with a visa application include copies of a valid passport, detailed itinerary of one’s planned travels to the U.S. as well as of any past U.S. travels and a current resume. Additionally, in some cases, B-2 visa applicants ages 14 to 79 may be required to complete an in-person interview at the U.S. embassy or consulate in their native country.

In cases where an individual subsequently learns that his or her visa application is denied, it’s important to understand why as well as the next steps one should take to appeal a visa denial.

As visa application denial should be accompanied by a document outlining the specific reason(s) for the denial. There are many reasons why a visa application may be denied including that the information provided was incomplete or insufficient and a prior criminal conviction. An individual who is denied a visa can choose to apply for a waiver of ineligibility or reapply.

At times, individuals who are experiencing difficulty obtaining a non-immigrant or immigrant visa may benefit from the advice and assistance of a U.S. immigration attorney. An attorney will work to understand an individual’s specific reasons for wanting to travel to the U.S. as well as why he or she has been denied a visa. Based on this information, an immigration attorney can assist with the process of reapplying for a visa and help improve an individual’s chances of securing a visa.

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Helping individuals and families overcome immigration challenges

According to the Migration Policy Institute, as of 2013, an estimated 41.3 million immigrants were living in the United States. Historically, the U.S. has been the preferred destination for millions of foreign-born individuals and families who are seeking a better life. In fact, while the U.S. “represents less than five percent of the global population,” an estimated 20 percent of the world’s immigrants come to the U.S.

Perhaps more than ever, the U.S. is deeply divided over whether or how to accommodate the influx of foreign-born individuals. While, in recent years, the administration has made attempts and some headway with regard to immigration policy reform, for many, the immigration process remains a long, convoluted and often futile process.

Whether an individual is in the U.S. illegally and facing deportation or is engaged to a U.S. citizen and is making plans to come to the U.S. on a fiancé visa, an attorney who handles immigration matters can assist. There are numerous forms, deadlines and requirements that must be properly filled out and met. In some cases, a simple error or misunderstanding can delay or derail an individual’s plans to immigrate to the U.S.

Individuals can contact our Law Office to obtain high-quality legal representation. We have helped individuals and families who are facing numerous types of immigration issues and problems. We are well-versed in all areas of immigration law and take a personal stance in every case and are committed to helping individuals successfully overcome immigration challenges.

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The economics of U.S. immigration policies

There’s no doubt that the United States’ immigration policies are complicated and controversial. Increasingly, the issue has also become highly political with the majority of Republicans favoring anti-immigration policies and Democrats, less restrictive immigration policies.

While it’s easy to become distracted by all of the political posturing and rhetoric, when discussing U.S. immigration, it’s important to examine the issue from an economic standpoint. There were an estimated “11.3 million undocumented immigrants living in the U.S.” Increasingly, these immigrants are women and children who are fleeing the drug-related violence that is ravaging much of Central America.

While some politicians favor the mass deportation of undocumented immigrants, the repercussions and costs associated with these types of actions are significant. Both conservative and liberal political think tanks estimate that the costs of deporting the 11.3 million undocumented immigrants would total between $104 and $304 billion. Additionally, the U.S. would also lose out on the estimated $11.84 billion in annual tax contributions made by undocumented immigrants.

Currently, annually the U.S. spends approximately $5 billion each year to arrest, detain and deport an average of 403,563 undocumented immigrants. In contrast, the Bipartisan Policy Center estimates that a comprehensive reform of existing immigration policies would “reduce federal deficits by $1.2 trillion,” and “spur economic growth by 4.8 percent,” by the year 2035.

When examined, anti-immigration policies including mass deportation ultimately only serve to harm the U.S. economy. Despite this compelling evidence, the issue of U.S. immigration is likely to continue to be a divisive issue in presidential elections for many more years to come.

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After asylum has been granted

The process of petitioning for asylum here in the U.S. can be a very legally complex one. It can also be a very emotional one, given how much can be at stake for the person seeking asylum. Thus, when a petitioner for asylum has their petition granted, they may feel a massive amount of relief.

An important thing to note though is that being granted asylum might not represent the end of the immigration-related legal matters for an asylum seeker. Often, such individuals will have additional immigration issues to address after the granting of asylum.

For one, such individuals may have family members who wish to also have granted asylum in America. Thus, they may have legal matters related to petitioning for asylum for such family members.

Also, an individual may, after being granted asylum in the U.S., wish to become a permanent resident of the country. There is a legal process by which individuals granted asylum can apply for such an adjustment of status, provided sufficient time has passed since the granting of asylum.

Post-asylum-grant immigration issues, like the ones discussed above, generally have many rules and requirements connected to them and have numerous complicated aspects. Our firm can help individuals who have been granted asylum in the U.S. with navigating the processes related to immigration matters that have arisen for them following the granting of asylum. We understand how important these legal matters can be and strive to provide our clients with compassionate, strong, and knowledgeable legal support to help them address such matters.

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You don’t need to panic if your petition is denied

There’s no question that it can be utterly devastating to be on the receiving end of an otherwise unfavorable decision handed down by either an immigration judge or an official with U.S. Citizenship and Immigration Services.

Indeed, imagine learning that your attempt to secure U.S. citizenship via the naturalization process has been denied or that your bid to secure a nonimmigrant visa has been denied after months of anxious waiting.

As discouraging as all of this can be, it’s imperative to understand that this may not be the end of the road, as you may have viable legal options in these situations.

For instance, depending on the circumstances, you may be able to file a motion to have your case reopened and the denial reviewed, or even file an appeal with the Board of Immigration Appeals.

Our firm understands how difficult this uncertainty over immigration matters can be for people and their families. As such, we always conduct a timely yet comprehensive review designed to determine whether an appeal or motion to reopen is appropriate in a given case and, if so, take the necessary measures.

Our founding attorney has considerable experience with all manner of immigration law issues and has successfully reopened immigration cases many times. He is prepared to help with any and all immigration appeals.

It is important to note, however, that any appeal must be undertaken within 30 days of the immigration judge’s decision, meaning time is truly of the essence.

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What business travelers need to know about B-1 visas

Advancements in communication technology have served to transform the face of international business. Indeed, a live video teleconference can now be held between parties separated by an entire ocean with just a few clicks, while email and live chat facilitate regular, instantaneous communication for multinational corporations.

Despite the relative ease with which international parties can now communicate, business travel nevertheless remains an absolute necessity. In recognition of this fact, U.S. Citizenship and Immigration Services has long offered those looking to enter the country temporarily for business purposes the chance to secure what is known as a B-1 visa.

Those seeking a B-1 visa to enter the U.S. must first be able to demonstrate that their trip is for a legitimate business purpose.

While a complete breakdown of all the activities that constitute legitimate business purposes for B-1 visas is clearly beyond the scope of a single blog post, here are some of the more commonly accepted reasons for temporary business travel to the U.S.

Consultation with associates
Settling of an estate
Contract negotiations
Training
Conventions, conferences, trade shows, business events, etc.
Investment
It should be noted that it won’t be enough for B-1 visa applicants to simply identify one of these business purposes. Rather, they will have to meet certain criteria.

To illustrate, any B-1 visa applicant looking to enter the U.S. for training must be able to demonstrate that they will not receive any sort of payment or reimbursement from a U.S.-based entity outside of expense allowance/reimbursement connected with their stay and that the training is not designed as a mechanism for employment.

We’ll continue to explore this topic, taking a closer look at the remaining eligibility requirements for B-1 visas and other pertinent information, including the period of stay provided to business travelers.

In the meantime, consider speaking with an experienced legal professional if you have any questions about securing a B-1 visa or non-immigrant visa.

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Why the U.S. asylum process must be overhauled

A recent Buzzfeed article entitled, “The U.S. Asylum System is Completely Overwhelmed,” highlights the many problems facing what critics charge is an outdated and woefully inadequate part of the U.S. immigration system. In recent years, individuals fleeing the gang and drug violence that has ravaged many Central American countries and Mexico have flooded across U.S. borders. In an effort to stay in the U.S. and avoid deportation back to what for many may be certain death, the number of U.S. asylum cases has grown exponentially.

In January of 2012, the number of asylum cases was just 12,500. As of June, the U.S. Citizenship and Immigration Services reported that some 95,000 asylum cases were pending. Despite the significant increase in the number of persecuted and desperate individuals seeking to stay in the U.S., the number of asylum cases being processed and decided has not kept pace. Consequently, many asylum seekers are caught in limbo and those who are already in the U.S. are not allowed to legally work or collect any type of federal benefits.

With violent wars and conflicts being waged throughout the Middle East and North Africa, millions of displaced people are fleeing to Europe. As European countries struggle to take in people fleeing from Syria, Iraq, Afghanistan, and Libya; the U.S. has come under criticism for doing too little with regard to helping with the resettlement process.

USCIS records show that currently, the U.S. has granted asylum to a total of 1,078 Syrians. This number pales in comparison to the hundreds of thousands that European countries like Germany have pledged to take in and adds legitimacy to the notion that the U.S. asylum process isn’t only overwhelmed, but—bogged down in bureaucracy and red tape—also broken.

Individuals who wish to seek asylum in the U.S. are often quickly overwhelmed and discouraged by the complicated and lengthy process. An attorney who handles immigration matters can assist in filing an Application for Asylum and for Withholding Removal and provide strong legal advocacy.

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The path to U.S. citizenship is often complicated and full of roadblocks

According to the Migration Policy Institute, roughly 25 percent of the U.S. population are “first or second-generation” immigrants. As countries to the south and across the Atlantic continue to be plagued by economic hardships, violence, and political and religious conflicts; it’s likely that the number of people attempting to immigrate, both legally and illegally, to the U.S. will continue to increase.

While the issue and associated problems of illegal immigration are widely publicized, less so are the issues facing the millions of immigrants who attempt to navigate the U.S. immigration process legally to become naturalized U.S. citizens.

According to CNN, annually, an average of 7,000 people become naturalized U.S. citizens. For most, the process to legal U.S. citizenship is a long, complicated and frustrating one. Depending on an individual’s situation, there are a few different paths to U.S. citizenship. For example, in cases where one of a child’s parents is a U.S. citizen, the child is also considered a U.S. citizen regardless of where he or she was born. Additionally, even if a child’s parents are unauthorized immigrants, if born in the U.S., he or she is considered a U.S. citizen.

For an adult who wishes to become a U.S. citizen, the process typically requires the status of being a permanent resident. In order to be considered a permanent resident, an individual must have a valid green card and live in the U.S. for at least five years. Additionally, an individual must be at least age 18, have been physically in the U.S. “for at least 30 months out of the five years,” be of “good moral character” and be able to read, write and speak English.

However, even individuals who fulfill these requirements aren’t guaranteed U.S. citizenship. There may be many roadblocks along the way including green card problems, denied applications and threats of deportation. For these reasons, an individual who has the goal of becoming a U.S. citizen is encouraged to seek the advice and help of an attorney who handles immigration matters.

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A closer look at the process of securing a Green Card

It can be a dream come true when the federal government grants a person authorization to both work and live here in the U.S. on a permanent basis, a reality evidenced by the issuing of a permanent resident card, or, as it is more commonly known, a Green Card.

As exciting as the prospect of someday holding a Green Card can be, however, it’s important to understand that the process of getting there is by no means easy thanks in large part to a rather complex set of eligibility requirements mandated by U.S. Citizenship and Immigration Services.

In today’s post, the first in an ongoing series, we’ll begin filling in some of the blanks as they relate to these eligibility requirements for permanent residence.

An overview

At the outset, anyone looking to secure a Green Card should know that there are four eligibility requirements that must be satisfied, including:

Eligibility under an immigrant category set forth in the Immigration and Nationality Act, including family, employment, refugee/asylum and other special categories
Filing and approval of a qualifying immigrant petition
Availability of a visa
Admissibility to the U.S.
Immigrant category eligibility: Family

Those seeking to secure a Green Card may be sponsored by a relative who has secured either citizenship or permanent residency here in the U.S.

In fact, those who qualify as immediate relatives of U.S. citizens — including spouses, unmarried children under 21, and parents — will not be required to wait for a visa, as Congress has placed no limit on the number of these visas issued in a given year, and can file their application for a Green Card immediately.

As for those family members who don’t qualify as immediate relatives, a relative who has secured either citizenship or permanent residency here in the U.S. can still sponsor them. However, these relatives will have to wait for a visa to first become available before they can file their Green Card application.

We’ll continue exploring Green Card eligibility requirements in our next post, including the visa preferences assigned to non-immediate family members.

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Confused by the changes to permanent resident fee-payment rules?

Some changes were recently made to the procedures at the U.S. Department of State for paying the fees required for family-based immigrants seeking lawful permanent residence in the U.S., or “green cards.” Depending on your situation, there may be two fees.

Every immigrant applying for permanent residency must pay the U.S. Immigrant Visa fee to the United States Citizenship and Immigration Services. If you’re applying for a green card and are already in the U.S., you will also need to pay a separate fee to the Department of State’s National Visa Center to process your I-864 Affidavit of Support.

The reason this can be confusing is the requirements for who has to pay these fees and when. Either the immigrant or the petitioner (also called the sponsor) can pay the processing fee for the I-864 affidavit, although it is more commonly paid by the petitioner. It can be paid by a transfer from a checking account, a certified check or a money order. The fee is currently set at $88 for those applying for permanent residency from within the U.S.

Once you’ve filed the I-864 affidavit and the National Visa Center is ready to process it, the center will send an invoice for the fee to your petitioner, along with payment instructions.

Next, is the U.S. Immigrant Visa Fee paid to the USCIS. This is required for processing and producing your green card, currently $165. The rules for payment are different for this fee.

Only the immigrant can legally pay this fee, although one person can pay for all accompanying family members.
It is to be paid online, and only by a credit card, a debit card, or transfer from a checking account — not a money order or certified check.
The immigrant has up to a year to pay the fee.
If you don’t pay the fee within a year, it won’t technically affect your status as a lawful permanent resident, but the USCIS will not issue you a green card until you pay. Therefore, the agency recommends you pay this fee after you receive your visa packet but before you enter the U.S. if you’re applying from abroad.

You should also know that fee waivers are available in certain circumstances. Check with an immigration lawyer or the USCIS for more information.

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How to remove the conditions on your green card after marriage

You know that you married your spouse because you loved him or her because you couldn’t imagine living life without that person.

Sadly, the U.S. immigration authorities are not so romantic. They fear that too many people will decide to get married simply to gain green cards in America. For this reason, U.S. Citizenship and Immigration Services (USCIS) only grants conditional green cards to those whose permanent residency status is based on a marriage less than two years old.

The good news is that you can apply to have the “conditional” part removed. The bad news is that if you don’t apply for this, USCIS will begin removal (deportation) proceedings against you.

You can generally apply to have the conditions removed if you got married in good faith and one of the following is true:

Two years have passed and you are still married.
Your spouse passed away.
You got divorced or had the marriage annulled.
You or your child was battered or abused by your spouse.
If your marriage ended in divorce or if you are a victim of abuse, you must also prove that being removed from the country would mean “extreme hardship” for you.

If you believe that you qualify to have the conditions removed on your residency status, you must apply together with your husband or wife. If filing a joint petition is impossible (due to divorce or abuse, for instance), you can request a waiver.

As with all immigration law issues throughout the U.S., it is wise to consult a lawyer experienced in these matters. He or she can provide the detailed legal guidance you need to remain in the country legally.

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Part 10 of the Application for Naturalization: Check yes or no?

There is any number of offenses that would bar a permanent resident from becoming a U.S. citizen. Checking yes to any of the questions in Part 10 of the Department of Homeland Security’s U.S. Citizenship and Immigration Services form N-400 Application for Naturalization would certainly raise some eyebrows if you didn’t have a very good written explanation to accompany your application.

Part 10 is a list of 40 additional questions that seek to get to the core of your moral character and figure out what type of you people you hang out with. The questions include sections addressing your voting record, tax returns, mental health and capacity, your association with groups like the Communist Party, any terrorist organizations, and the Nazi’s, your arrest record or criminal charges of any kind, your past alcohol use, sexual and gambling habits, and any prior military service.

A couple of things that may be a barrier to you successfully achieving citizenship unless and until you correct them could include not filing taxes, not paying child or spousal support, and not registering for selective service. In each instance, you can correct any payments or tax filings that are in arrears and they will be forgiven. Men can and must register for the draft at any time between the ages of 18 and 26.

However, you do not need to be able to prove that you are self-sufficient to be a U.S. citizen. Permanent residents receiving public assistance or welfare cannot be excluded from achieving naturalization. In fact, if you are receiving assistance, you may qualify to have the $680 filing fee waived.

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Students ask governor to endorse Dream Act

Students and immigration advocates rallied today in support of what is being called the Dream Act. Federal legislation called The Dream Act would give permanent resident status to undocumented students and military service members brought illegally to the U.S. by their parents. However, the federal bill is currently stalled in Congress so many states have created their own. Many would like to see there governor endorse it.

Thirteen states allow unauthorized immigrants to qualify for in-state tuition rates. Only three states – Texas, New Mexico and California allow them government tuition aid. In addition to allowing students to go to school, today’s rally attendants would like to see all states assist with educational funding as well. The Dream Fund legislation would ensure that all students, regardless of immigration or citizenship status, have access to public and private tuition assistance.

Proponents of the legislation say there are more than 4 million immigrants in New York so the proposed bill just makes economic sense. Touted as an investment in intellectual capital, we know that people with a bachelor’s degree earn more on average than those with a high school diploma. This legislation would give young people a chance to make it at least into the middle class.

The Dream Act would allow children, who were brought here by their parents, a boost onto a path of legal immigrant status, education and productive citizenship.

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Immigration law precedent set with block of day labor rule

Residents may be interested in a recent judgment that is setting immigration law precedence and tone across the country.

Whittling away at a 2010 immigration enforcement law in Arizona, a federal judge ruled that the First Amendment rights of people seeking or offering day-labor services were more important than enforcing traffic safety. Apparently, when police noticed drivers stopping to pick up workers seeking manual labor for the day, they felt it created a traffic problem. Safety concerns, distractions to drivers, damage to property, and trespassing were also cited as causes for the day labor provision in the law. While drivers were blocking traffic in the street waiting for the workers to enter their vehicle, officers were questioning the workers about their immigration status.

The judge noted that crackdowns on undocumented immigrants have nothing to do with traffic safety. Therefore, the judge said officers should defer to existing traffic laws that prevent motorists and pedestrians from endangering others. Not, she said, an immigration law with a clearly stated objective of reducing the numbers of illegal residents by enforcing new state and federal policies.

In 2010, the same judge blocked other portions of the law that would require police officers to question the immigration status of people they suspect are in the state illegally. The Supreme Court has already agreed to hear the governor’s appeal of some of the judge’s decisions.

Solicitation laws and ordinances in other states and jurisdictions have also been thrown out by other judges on grounds that they restrict free speech.

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Undocumented workers do not affect the U.S. unemployment rate, wages

Employers may be interested in knowing that the use of undocumented workers does not have a noticeable impact on the nationwide unemployment rate, according to a new study. While the argument that getting rid of undocumented workers would solve all of our nation’s unemployment woes, that simply is not the case. Nor does the hiring of undocumented workers affect the wage levels of citizens in the same position.

According to research conducted by the Federal Reserve Bank of Atlanta, the earning potential of citizens at firms that employ undocumented workers only has a variable impact of $56 or less per year. In fact, the study also found that companies that utilize alien workers, particularly in retail, hospitality and leisure industries, allow their citizens to earn more money because the employees are able to specialize in specific areas of their industry.

The Department of Homeland Security says there approximately 11.5 million undocumented immigrants in our workforce. This study suggests that the unemployment rates would still remain the same, even if we got rid of all the undocumented workers. While some various state anti-immigration laws are written with the expectation that it would be easier for job-seekers to find work if there were fewer undocumented immigrants, the unemployment rates and wage levels would not change.

Immigration law will continue to be a hot-button issue throughout presidential elections, as new proposed laws authorize police to request proof of citizenship from anyone detained and Mitt Romney has proposed the idea of self-deportation for illegal immigrants.

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ICE arrests thousands in a six-day nationwide operation

At the beginning of this month, officials with the U.S. Immigration and Customs Enforcement, Homeland Security, and other state, local, and federal law enforcement agencies arrested nearly 3,200 immigrants. More than 1,900 officers in all 50 states, Puerto Rico, and three U.S. territories collaborated during the six-day operation to detain and remove convicted criminal aliens.

In one area, 127 immigration fugitives and violators were arrested. One of those arrested was a 46-year-old man who was convicted of manslaughter in 1985 and had been at large ever since.

According to ICE, 50 percent of those arrested had multiple criminal convictions, 149 were convicted sex offenders and another 50 were gang members. Many of those arrested were immigration fugitives who had been ordered to leave the country but never did. In addition, 559 of those arrested had re-entered the U.S. after deportation.

More than 200 of those arrested were presented for prosecution in the court system on a variety of charges, including re-entry which is a felony and carries a sentence of up to 20 years in jail.

This was the third national “Cross Check” operation conducted for the removal of individuals who have been determined to be a threat to public safety including criminal aliens, repeat immigration law violators, recent border entrants, fugitives with a final order of removal, and those who pose a threat to national security. Federal authorities have deported a record 400,000 immigrants in the last year alone.

In the wake of Congress being unable to pass an immigration reform bill, some states have drafted their own immigration laws. The U.S. Supreme Court is hearing a case later this month in which the Department of Justice is challenging a state law because the DOJ claims that immigration is strictly a federal matter.

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Lawsuit seeks family immigration rights for married gay couples

A lawsuit was filed in federal court by immigration advocates on behalf of five gay married couples. All five include an American and their immigrant spouses from Spain, Japan, South Africa, Venezuela and England. The suit claims that current federal law prevents them from sponsoring their foreign-born spouse for a green card.

Though all five couples were legally married in states that recognize same-sex marriages, the federal Defense of Marriage Act, passed in 1996, does not. Without the federal government recognizing gay and lesbian couples as legally married, they are unable to utilize their married status for immigration purposes as heterosexual couples do. According to the suit, the plaintiffs, in this case, meet all the qualifications for immediate family immigration benefits, except they are lesbian or gay. If they were straight, the federal government would automatically recognize the spouse as an immediate relative. The lawsuit was filed against the U.S. Attorney General, the Secretary of Homeland Security, and officials with the Citizenship and Immigration Services.

In 2010, a challenge to DOMA filed also denied gay married couples other benefits granted to hetero-married couples including filing joint tax returns. The states that recognize same-sex marriage include Washington, Maryland, Vermont, New Hampshire, Massachusetts, Iowa, New York, Connecticut and the District of Columbia.

Under normal circumstances, immigrants who marry a U.S. citizen can apply for a green card or permanent residency immediately. Heterosexual couples can also qualify for other benefits like fiancé visas and work authorization. The waiting period for a green card after marrying a U.S. citizen is usually six months to two years.

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Mayor wants the US to grant green cards to students

One Mayor thinks the rest of the country can benefit from recruiting immigrant students. Immigrants have contributed vastly here where some boroughs would be ghost towns if it weren’t for the arrival of new residents who made them vital again. The Mayor feels that cities can thrive once again if the U.S. government would overhaul immigration policies for permanent residents.

Start with bringing students from around the world, he says, and then keep them here. Especially in today’s digital age where we consistently need an expanding number of workers in science and technology fields. It is estimated that in the near future, American companies are going to need 2.8 million high-tech staffers and our colleges and universities will only graduate a projected half million of them.

The U.S. grants a mere 7 percent of green cards based on our employment requirements, whereas Canada provides 25 percent and Australia gives out 42 percent, according to the Partnership for a New American Economy. Yet, our foreign students dominate the tech and science programs, but we don’t keep them here. The Immigration and Customs Enforcement Agency’s crackdown on undocumented workers has inflicted economic damage and will continue to do so, the mayor says.

The mayor says we should import and educate both low and high-tech students to fill the need of our workforce. Without doing so, he says we will never be able to continue growing the financial health of the country.

Currently, once students complete their initial schooling, they can apply to a graduate program, or transfer to a different program at the same school or another school. They can participate in optional practical training which allows them to work in the U.S. after their program end date. Students can also change their visa classification.

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Expansion of shared fingerprint program meets protests

Immigrants and activists rallied last Monday to protest the federal “Secure Communities Program.” The U.S. Immigration and Customs Enforcement national program include the sharing of information – including fingerprints – between state and local police and federal immigration officials.

The ICE sees the initiative as a tool for finding and deporting illegal aliens that commit crimes. Opponents to the new immigration law program believe the program is akin to racial profiling and will result in the deportation of people who only commit minor crimes. In addition, they believe the initiative may actually result in less secure communities because of a strained relationship between immigrants and police.

In fact, one immigrant who has been in this country illegally for 20 years says she is now afraid to call the police and believes the new program will result in more domestic violence. Another opponent predicts it will lead to the deportation of productive immigrants and cost the state millions of dollars.

Here’s how it works: local police routinely take your fingerprints if you’re booked into jail. They send the prints to the FBI for a criminal record check. The FBI then sends them to the Homeland Security Department to cross-reference the prints with immigration files. ICE then determines how to pursue the matter from there.

Currently implemented in various jurisdictions in 48 states, the Secure Communities program will be in place nationwide by the end of the year. Officials say they made changes o the program as a result of various state concerns. As a result, ICE created a public advocate position and civil rights training for police.

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New strategy significantly decreases the number of migrants

A new strategy for the U.S. Border Patrol included doubling agents and identifying repeat crossers. The result? Apprehensions made on the Mexican border last year were down 80 percent. It was the slowest year since 1971.

The newest approach to dealing with illegal immigration uses more detailed, targeted approaches to identify migrants who continually attempt to cross into the states. By identifying repeat offenders and figuring out why they keep attempting to cross, authorities can then figure out what kind of a threat they are from a national security standpoint.

The new approach also includes harsher penalties. No longer is the border patrol just turning people around and sending them home. More serious consequences are being imposed on crossers depending on where they fall into seven categories. They call it a “Consequence Delivery System” and label migrants as first-time offenders all the way up to criminals. According to the 32-page document that took two years to develop, the border patrol may still give children and those who are very ill a free pass by sending them back to Mexico at the closest crossing without being fingerprinted.

Punishments vary from state to state, but the new strategy does not include expanding physical barriers like fences. It also includes making the identification of corrupt border patrol agents a top priority.

As a result of the last major border patrol strategy, the nation spent $1 billion on a network of radars, ground sensors and cameras along the border. Resources were focused on Texas and California borders, thus forcing migrants into the deserts and mountains of Arizona.

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The nonjudgmental immigrant language adopted by SCOTUS

In the recent U.S. Supreme Court ruling on an immigration case, the judges purposefully omitted the words “illegal immigrants” and “illegal aliens,” and opted for a more humanistic language approach to our immigration law. The court used words like “removable alien” and “undocumented worker” and “foreign national” instead.

The argument implies that using the term “illegal” insinuates that the person as a whole is illegal, not just their actions. In fact, even migrant workers in the U.S. are not considered criminals. Yes, they are subject to deportation, but only through administrative procedures, not criminal proceedings, where judges have the ability to grant some foreign nationals the right to stay in the country.

The term “illegal immigrant” was actually introduced just before World War II to describe Jews who fled the Nazis and entered other countries without authorization. Therefore, it stands to reason that a New York Times editorial writer argued that the word “illegal” is a code word for ethnic and/or racial hatred.

Because the term “illegal immigrant” conjures up visions of people sneaking over, under, or across a fence into the country, many associate the term with a negative connotation. Yet, we have at least 38,000 undocumented soldiers in the U.S. armed forces. In fact, the first U.S. soldier to die in the Iraq War was undocumented and granted citizenship posthumously.

In its latest immigration policy ruling, the Supreme Court declared that it is not a crime for non-citizens to remain in this county and find unauthorized employment. Removal of an undocumented worker is a civil matter, not a criminal one. Therefore, using unbiased language that does not promote continued stereotyping, hatred, or bigotry to describe this large population may be the way to go. Labels and language determine and define one’s attitudes and thoughts.

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Should illegal immigrants be allowed to practice the law?

While federal law prohibits employers from hiring illegal workers, there is no law prohibiting employers from hiring contractors without asking for proof of citizenship. Therefore, a Law graduate has opened a lobbying agency to help so-called Dreamers – children brought into this country illegally – find their path toward citizenship.

They are called Dreamers because of the success of the Development, Relief, and Education for Alien Minors Act, or DREAM Act, laws. But the DREAM Act was not passed federally, so some states have passed their own versions. Here’s where it gets tricky and the state bar associations are seeking guidance.

State Supreme Courts in California and Florida are weighing whether or not two illegal immigrants who passed their state bar exams should be admitted to the bar and allowed to practice law. While both men passed their perspective bar exams, they are still technically illegal aliens. Both state bar associations have asked their highest courts to weigh in on the decision.

One gentleman who was unable to provide proof of citizenship when he showed up to take the bar exam initially received a waiver from his state bar. The other was already sworn in at his courthouse as a lawyer, but officials are reexamining his status after repeated media inquiries.

Many say that the odds don’t look good for these two. However, the U.S. House of Representatives recently proposed “Startup Act 2.0,” which would make it easier for immigrant students of U.S. colleges that graduate with a STEM degree (science, technology, engineering and math) to stay in the country after completing school.

Certainly, anyone who completes law school would fall under that category.

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Portions of DREAM Act enacted with executive order

The Development, Relief, and Education for Alien Minors Act, or DREAM Act, has garnered a lot of attention and raised many hopes this year. The federal legislation would give permanent resident status to undocumented students and military service members brought illegally to the U.S. by their parents. Because Congress has been unable to pass the bill at the federal level, many states have attempted to adopt their own versions.

Nonetheless, the administration announced an executive order last month whereby, the United States will stop actively deporting young undocumented residents. In essence, the U.S. Immigration Law was changed by executive order. Some say the President essentially and unilaterally enacted portions of the Dream Act, bypassing Congress. There are approximately 11 million undocumented migrants, and this order will apply to about 800,000 of them.

What, exactly, does it mean?

If you were brought to this country under the age of 16 and you are now under the age of 30, have lived in this country at least five years, are currently in school or have at least a high school diploma, honorably discharged from the military, and have no criminal history, you can gain citizenship to the U.S.

The ideas behind the DREAM Act are not new. The bipartisan bill has been introduced every year in Congress during the past decade. The legislation passed in the House of Representatives in 2011, but not the Senate.

Immigration advocacy groups are warning young immigrants to beware of fraudulent organizations targeting youngsters affected by the DRAM Act offering to help with citizen “applications.”

In addition, the country’s top universities sent a letter to the president just last week seeking new laws that would make it easier for international graduates to stay in America after graduation and create new jobs.