Texas Personal Injury News
Sunday, April 2, 2017
Q: Are there special laws that cover workers who are injured at sea?
On land, employees who are injured on the job are prohibited from suing their employers for damages but may collect certain compensation for medical expenses and lost income through Worker's Compensation.
But employees injured in Off Shore accidents-- such as fisherman, tugboat workers, and others--are covered under maritime accident laws, and some worker’s claims may also fall within the protection of the Jones Act.
Maritime and Offshore Accident lawyers with Jones Act experience are able to help those workers who work on or near the water recover much more than their onshore counterparts in the event they are injured at sea.
Read more . . .
Friday, March 24, 2017
What are the most common types of broken bones you could sustain in a car accident?
Millions of Americans will be involved in car accidents in the coming year. Broken bones are one of the most common car accident injuries due to the immense force involved in the collision. Fractures can be extremely painful and could even require surgery, potentially leading to lengthy recovery times and the inability to return to work. Car accident victims who sustain a broken bone will require immediate treatment. Accident victims injured due to the negligence of another driver may be able to seek compensation for their fracture injuries through a Read more . . .
Monday, March 20, 2017
As Texans, most of us recall the 2015 national headline following the deadly shootout at a Waco-area restaurant involving rival motorcycle gangs. The legal fallout from the incident has been widespread, spanning from felony-level convictions and charges to significant personal injury lawsuits as a result of the fatalities and injuries sustained as a result of the unfortunate chain of events.
Criminal and personal injury litigation aside, one Texas woman has launched a civil rights lawsuit against the City of Waco, alleging major procedural side-steps leading to her arrest and incarceration – especially given her alleged non-involvement with the shootout.
Read more . . .
Thursday, March 16, 2017
In a chain of events almost too tragic to imagine, an Austin-based charter bus full of recreational travelers was struck by an oncoming train, catapulting the bus nearly 300 feet. As a result of the collision, four bus travelers were killed and dozens of others were treated for injuries in nearby hospitals. Almost immediately, wrongful death lawsuits were filed by the surviving family members of those killed in the crash, alleging – among other things – that the parties involved were negligent and unreasonably unsafe in the moments leading up to the crash.
In a lawsuit filed on March 7, 2017 against the tour bus company and the driver individually, plaintiffs alleged that the incident began when the charter bus was inexplicably straddling train tracks located on Main Street, Biloxi, Mississippi.
Read more . . .
Sunday, March 5, 2017
A Texas family has initiated a lawsuit against the technology giant Apple following the death of their five-year old daughter as a result of a horrific motor vehicle crash. According to documents released so far, the family claims it was involved in the collision due to the fact the other driver was actively using the ‘Face Time’ app while driving in traffic. The plaintiffs claim that, but for the use of the app, the entire accident would have likely been avoided.
Read more . . .
Friday, March 3, 2017
Our great state of Texas is blessed with a wide array of rivers, lakes and shorefront – promising endless hours of recreation for tourists and locals alike. However, as with most activities, boating is not without risk – and even the most seasoned sailors could face liability in the event of a mishap. The following discusses some of the issues surrounding boaters’ liability in Texas, as well as what you can do if you find yourself injured as a result of a collision or accident.
FAQ #1: Is there such a thing as “boating under the influence?”
Absolutely. All too often, boating enthusiasts take to the water without giving much thought to the concept of boating while intoxicated.
Read more . . .
Sunday, February 26, 2017
Even the best personal injury claims, with the strongest possible facts, will undoubtedly be met with some sort of defense along the way. In many cases, possible defenses are presented during the negotiation stages prior to ever making it to the courtroom – often as a way to attempt to deter the plaintiff from continuing. However, our team of experienced personal injury practitioners is ready to meet and overcome any defenses thrown our clients’ way, which could include any of the following:
Defense #1: Contributory Negligence: In Texas, there exists an “affirmative defense” known as contributory negligence. To assert this defense, the defendant must take the position that “yes, this occurred, but the plaintiff was at fault too!” In other words, the plaintiff in some way contributed to his or her own injuries. In considering this defense, the fact finder (usually a jury) would review the evidence to determine if, but for any of the plaintiff’s own actions, the injuries could have been minimized or avoided all together.Read more . . .
Saturday, February 11, 2017
When can a patient sue a manufacturer over faulty medical devices or failure to warn of the risks of an implant?
A Texas woman has filed a lawsuit against Cook Medical in connection with a defective medical device implanted in her at Texas Health Presbyterian Hospital of Dallas in 2007. Her suit also accuses the company of a "failure to warn" of the risks of the implant, the Cook Gunther Vena Cava Filter. She is just the latest of a number of plaintiffs in Texas and other states who have sued over the ill-effects of such filters implanted years ago.
Cook Gunther Vena Cava Filter Created Serious Health Problems
The inferior vena cava (IVC) filters were supposed to protect patients from life-threatening blood clots that can travel to the lungs and cause a pulmonary embolism or other health problems.Read more . . .
Thursday, February 2, 2017
What are dram shop and social host liability laws?
In the United States, if you are injured as a result of another individual’s intoxication, you can file a personal injury lawsuit claim against that person. Many people are unaware, however, that (in some situations) you can also sue the establishment (e.g. bar or restaurant) that served alcohol to the person the person who harmed you if it was clear that he or she was already intoxicated or if he or she was a minor. The laws governing the latter are known as “dram shop” laws since “dram” was once a common term for a portion of whiskey.Read more . . .
Tuesday, January 31, 2017
What are the problems with Invokana?
Since the Judicial Panel on Multidistrict Litigation consolidated federal cases in New Jersey last month, the number of lawsuits involving Invokana, a medication designed to treat Type II diabetes, has risen steadily. By December 15, 2016, 63 cases involving problems with the medication had already been filed; by January 17, 2017, that number had jumped to 100! Attorneys all over the country expect this number to continue climbing.
If you have suffered ill effects from Invokana, you should contact a personal attorney in your state who is experienced in working on cases involving defective drugs.Read more . . .
Monday, January 30, 2017
How does the FDA’s 501(k) clearance rule put consumers at risk?
Read more . . .
Four million catheters reported to be defective have been recently recalled. Because catheters are used in so many common medical procedures, it is expected that many personal injury lawsuits are in the offing. If you have suffered a personal injury as the result of catheter usage, you should contact a skilled defective drug and medical device attorney to advise you of your best options.
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Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
*Principal office in Lufkin, Texas