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Personal Injury

Sunday, June 18, 2017

Summer Boating Safety Tips


What are the top causes of boating accidents?

Boating is synonymous with summer.  As the temperatures rise and kids get out of school, many families take to the waterways across Texas on their boats or other watercrafts.  Recently, in Conroe, Texas, a 50-year-old man was killed after being thrown from a boat that crashed on Lake Conroe.  The accident happened during the nighttime hours.  Three other people were aboard the vessel when it crashed, throwing the accident victim off.
Read more . . .


Sunday, May 28, 2017

Taxes and Personal Injury Settlements


The IRS defines income as any money, property, or services that you receive. Generally, all income is taxable unless it is specifically exempt by law. Technically speaking, personal injury settlements are income based on the IRS’s definition.
Read more . . .


Tuesday, May 2, 2017

Driver Who Hit a Texas Church Bus Admits to Texting, Taking Medication


Who is at-fault in the Texas church bus accident?

A horrific bus crash in Texas recently left 13 dead and two injured. Now, as new details emerge about the accident, it appears the driver of the pickup truck that collided with the church minibus was distracted and potentially under the influence of medication.  The accident happened when the 20-year-old driver of a pickup truck crossed the center marker on U.S. 83, striking a bus head on.
Read more . . .


Sunday, April 30, 2017

Dealing with the Insurance Company After an Accident


Even minor car accidents can be traumatic. It is not uncommon for victims to be unsure of what to do next after an accident. Insurance companies are often the first contact after an accident, especially if the crash was not your fault. Even though they may seem like a helping hand in a confusing time, the other driver’s insurance company does not have your best interests at heart. Instead, they may try to take advantage of your confusion and manipulate you into saying things you did not mean to settle for far less than what your case is worth.
Read more . . .


Thursday, April 27, 2017

Texas Woman Gets Walmart Premises Liability Lawsuit Filed in the Nick of Time


A recent personal injury lawsuit involving mega-retailer Wal-Mart serves as an important reminder of the importance of the state statute of limitations. The lawsuit, which was filed just days before the two-year deadline for injury claims, sets out a series of factual allegations against the store which could possibly result in a lucrative resolution for the plaintiff. However, had the plaintiff missed the deadline – no matter how inadvertent – the law generally imposes a bar on recovery, provided certain “tolling” defenses are not available.

According to the complaint, the plaintiff was shopping in a Beaumont-area store in April 2015 when she Read more . . .


Sunday, April 2, 2017

Jones Act Compensates Qualified Seamen for Offshore Accident Injuries


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

Common Car Accident Injuries: Fractures


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

Woman Files Massive Lawsuit in Continue Wake of 2015 Waco Restaurant Shootout


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

Lawsuit Filed Following Fatal Train vs. Bus Collision


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 . . .


Friday, March 3, 2017

FAQ About Boaters’ Liability & Lawsuits


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

Top Defenses to Personal Injury Claims


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 . . .


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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.
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