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Personal Injury Lawyer

Monday, May 1, 2017

Shipping Company Settles Several Wrongful Death Lawsuits Following Tragic Maritime Disaster


In October 2015, as hurricane Joaquin bore down on the Gulf Coast states, Puerto Rico-based cargo shipping company Totes Services made the doomed decision to send its El Faro vessel from Jacksonville to San Juan, Puerto Rico – despite high winds and unsafe conditions in the seas. Tragically, 33 seamen lost their lives that fateful day when the ship lost all electric power and eventually succumbed to the depths of the ocean. The incident, deemed by the U.S. Coast Guard and National Transportation Safety Board as one of the


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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.
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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


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Wednesday, January 18, 2017

A Guide to Personal Injury Law in Texas


What are my legal rights if I am injured in an accident in Texas?

If you have been injured in an accident in Texas, there are several important laws and legal principles that could impact your personal injury case.  Understanding some basics about personal injury law in Texas can help you to protect your legal rights.  Our Houston, Texas personal injury lawyers at Chandler Mathis & Zivley offer the following overview of personal injury laws in our state.


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Saturday, August 20, 2016

Popular Competitive Event ‘Tough Mudder’ Settles Several Wrongful Death Lawsuits


“Tough Mudder” competitions have gained increasing popularity over the past several years, primarily due to the fact these races impart multifaceted obstacles courses and consistent terrain changes – in stark contrast to the traditional 10k or marathon-style race. In a typical Tough Mudder competition, contestants travel across dirt pathways, up hills and through aquatic areas – which are typically laced with dirt and natural debris.

 

In 2013, while participating in a Tough Mudder competition in West Virginia, a young competitor drowned completing the “Walk the Plank” exercise.


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Monday, June 27, 2016

Death by Personal Injury: What Are the Chances?


Though we all know that death will eventually come to us and that, no matter how proactive we are about our health and safety, it may come suddenly and unexpectedly, we have no choice but to go living our lives. At times, we all experience anxiety about the risks inherent in the process. In a world where terrorist attacks have become all too common, we cannot help but worry about being attacked in the midst of any average day: in the mall, the airport, at school, at the movies, in the nightclub. Things that we do less frequently -- like taking trips, going on daring adventures, undergoing surgery, living through extreme weather events -- only raise our level of anxiety.

According to the National Safety Council, many of our worries are disproportionate to the risks involved.


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Saturday, June 25, 2016

Top Causes of Truck Accidents


Can I file a lawsuit if am injured in an accident with a tractor-trailer?

Sharing the road with semi-trucks and tractor trailers in unavoidable, so it makes sense to proceed with caution if you are driving along aside or passing a large truck. Because of their weight and length, trucks can be hard to navigate. Moreover, a tractor-trailer, even traveling at a normal speed, can take a long time to stop. That being said, truckers are required to exercise reasonable care when operating a rig not to injure other drivers.

Truck Accidents at a Glance

There are state and federal laws in place that require trucks to be adequately maintained and inspected regularly.


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Friday, May 6, 2016

Johnson & Johnson to Pay $502 Million Over Flawed Pinnacle Hips

What is the latest news over J&J's hip replacement failures?

Medical device maker Johnson & Johnson was recently ordered to pay $502 million in damages to 5 patients over flawed artificial hip devices sold under the Pinnacle brand name. The defective devices were sold by J&J's Depuy unit, and a federal-court jury in Dallas found that company officials were aware of the flaws but failed to warn patients and doctors. In a product liability case, failure to warn is a key element in a successful lawsuit.



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Tuesday, March 29, 2016

Years After Officer's Death, Texas County Sues His Family for Medical Expenses

Does the statute of limitations bar a county from trying to recover medical costs after waiting for five years?

In 2010, a Texas sheriff's deputy responded to a call seeking assistance with a traffic stop of a possible stolen car. With flashing lights and siren on, he sped to the scene but, en route, had to swerve to avoid soundproofing that fell off a flatbed truck. Gravely injured, he died eight days later in the hospital.

The deputy's father and son both sued the company that owned the flatbed truck and its driver. The deputy's widow settled with the company separately, out of court.

Years later, Fort Bend County has sued the widow and her two children seeking recovery of $300,000 in medical costs it paid when the officer was hospitalized before his death.

The county says it "is entitled to the first monies paid by any third party," notably the funds the trucking company to paid the victim's family.

Attorneys for the victim's family say that the county missed its chance to sue and is now barred by the statute of limitations, which, they say, expired two years after the accident. There were, say the attorneys, at least two previous opportunities for the county to try to recover the medical costs, but now, five years on, it is too late.

A local petition drive has expressed outrage that the county is seeking reimbursement from the late officer's family and has called upon Fort Bend to drop the suit. The county insists it is duty-bound to try to recover taxpayers' funds. The family of the victim, however, regards the lawsuit as "a sucker punch.” As of this writing, the case was still moving forward.

Surviving a personal tragedy emotionally is, sadly, often only part of the challenge. Often a pitched legal battle ensues over fair compensation for plaintiffs, with defendants launching unexpected defenses and counterattacks. If you have suffered from the carelessness or wrongdoing of others, it is important to have an expert personal injury law firm on your side to help you gain and keep the upper hand.


Monday, March 28, 2016

Serious Consequences, Including Cobalt Toxicity, Result from Metal Hip Implants

What are some of the dangerous complications of having metal hip replacements?

Though many recipients of metal hip implants have been completely satisfied with their medical devices, thousands of patients who have gone through the surgery have reported serious problems. It a great many cases, such dissatisfaction has resulted in recalls, lawsuits, and even government action.

While over the past many years, metal hip replacements have become increasingly common as an improvement on plastic and ceramic prosthetics for replacement of the ball-and-socket joint of the hip, promising relief from the severe pain of osteoarthritis or athletic injury, there has been a high rate of complications with these metal devices. This has been true whether the patients having metal hip replacements were over or under the age of 50. Since 285,000 hip replacement surgeries are performed each year, and since medical research has shown a failure rate as high as 50 percent within six months, we are talking about a very serious problem.

Types of Problems Reported with Metal Hip Implants

Many types of problems have arisen with metal hip implants, including:

  • Metal debris left inside the body
  • Cobalt Toxicity, when flakes of cobalt enter the body
  • Other metallosis, when metallic components in implants abrade one another

When metal hip replacements fail, they require surgical replacement.

Symptoms of Metallosis and Cobalt Toxicity

Metallosis occurs when two portions of the joint replacement rub against one another, causing metal flakes to chip off and enter adjacent tissues and blood vessels. This can result in pain around the hip joint, as well as swelling and inflammation, numbness, bone loss, tissue death, and a recurrence of mobility problems. Even more frightening, metal flakes can travel to other organs, such as the heart, leading to dangerous complications.

Cobalt Toxicity

In addition to the symptoms brought about by other types of metallosis, when cobalt has been used as the material for the hip replacement, patients may also suffer from cobalt toxicity. Elevated cobalt levels can result in fever, inflammation, and lowered thyroid hormone levels. In severe cases, patients can also experience heart failure, loss of vision, loss of hearing, and organ damage.

Recalls and Lawsuits

Because of the high rate of failure in metal hip replacements, most manufacturers no longer sell them. Not only did the various patient injuries lead to widespread negative media coverage, increased research studies, and elevated levels of government regulation, but thousands of patients filed product liability lawsuits against the manufacturers of the defective replacement hips. Some manufacturers have already settled hip replacement lawsuits. Johnson and Johnson (the parent company of DePuy Orthopedics), for example, has agreed to settle claims for $2.5 billion. Lawsuits against other metal hip replacement manufacturers are still pending.

If you have suffered personal injury or illness as a result of an artificial hip replacement or the implantation of some other medical device, be sure to contact an attorney experienced in this particular branch of law to find out whether you are entitled to monetary compensation. You may be entitled to a new replacement joint, as well as damages even if you have not yet experienced any pain or difficulty.


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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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