Wednesday, March 13, 2019

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. An example of contributory negligence in the car accident realm may be a plaintiff who was involved in a serious crash, but was found to be texting at the point of collision. It would then be up to the fact finder to determine whether the texting factor contributed to the plaintiff’s injuries. If a contributory negligence defense succeeds, the plaintiff’s ultimate damages award will be adjusted to reflect the plaintiff’s personal percentage of fault – known as proportionate responsibility.

Defense #2: Wavier: You know those pesky waivers you have to sign at every go-kart track and mini golf course? Well, they can come in handy (for the defense) in the event an injury occurs during the event, provided the waiver is executed properly and the language is clear and unambiguous. Not all waivers will be upheld under the law, so the defense is not a conclusive end to the case.

Defense #3: Statute of Limitations: The statute of limitations is a hard deadline plaintiffs must follow when deciding whether to file a personal injury claim. Missing the deadline can be disastrous to the case, and will generally results in a waiver of the claim. However, the statute can be “tolled” under certain circumstances – meaning, the time clock stops if certain conditions are present. For instances, minors generally have until their 18th birthday before the statute begins running. The clock may also toll if the plaintiff was mentally unable to advance the claim at the time the injury occurred.

Negligence and wrongful death both carry a two-year statute of limitations in Texas. If the claim involves medical malpractice, the time may be extended under the “discovery rule,” which allows injured patients additional time to “discover” the injury – as it is not always obvious right away.

Contact an experienced personal injury attorney today!

If you would like to discuss your possible injury claim, please contact the attorneys of Chandler Mathis & Zivley today: 1-877-739-7744.

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. However, Texas takes a stern approach toward minimizing boater intoxication, and has enacted laws similar to DUI regulations statewide. Under current law, any person caught operating a boat, personal watercraft, water skis, sailboard or similar device with a blood alcohol content (BAC) of 0.08% or greater is considered under the influence. A first conviction of BUI carries a maximum jail sentence of 180 days and a maximum fine of $2,000. The second conviction carries a maximum sentence up to one year and a fine of $4,000; while the third conviction carries a fine of up to $10,000 and a jail term of 2-10 years.

FAQ #2: Does personal injury law cover boating accidents?

Yes. Much like auto accidents, boating injury lawsuits are decided based on the laws of negligence. In other words, at the time of the incident, was the defendant acting as a reasonable, safe boat operator. These inquiries are heavily fact-driven, and the court will consider whether the defendant’s actions immediately leading up to the incident were reasonable in nature. Examples of possible unreasonable conduct could include boating under the influence, failure to navigate safely, speeding, boating in restricted areas, failure to maintain required gear, or operating a watercraft without sufficient knowledge.

FAQ #3: What should I do if I was injured in a boating accident?

If you were recently injured in an accident involving a sailboat, personal water craft or other type of boating apparatus, you may be able to recover the costs of your injuries in a personal injury lawsuit for damages. If the defendant was at fault, you may recover the actual costs of your harm (e.g., medical bills) as well as non-quantifiable damages such as pain and suffering.

Contact an experienced personal injury attorney today!

If you were recently involved in a boating accident in Texas, please contact Chandler Mathis & Zivley today:

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.  

Statute of Limitations in Texas

All states set a limit on the amount of time you have to file a personal injury claim.  This deadline is known as the statute of limitations.  In Texas, the statute of limitations for personal injury claims is two years from the date of your injury.  This means that if you are injured in an accident involving negligence, you must file your action within two years or you could lose your right to bring the claim.  There are some exceptions to the statute of limitations, so consult with our office for specific questions about your case.

Modified Comparative Negligence

Texas has adopted the doctrine of modified comparative negligence.  Under this rule, may be able to bring a personal injury action even if you hold some degree of fault for the accident.  Your recovery will be reduced by your percentage of fault, and your claim is barred if you were more than 50 percent at fault for the accident.  

Damages in Texas

Injured plaintiffs in Texas may be able to collect damages for their medical expenses, lost wages, pain and suffering, loss of consortium, and more.  Texas does not cap damages in most personal injury actions, with two exceptions:  punitive damages and medical malpractice damages.  Punitive or exemplary damages are awarded only in select cases that involve gross negligence, fraud, and the like.  Punitive damages in Texas are capped at either $200,000 or $750,000, depending on the economic damages awarded by the jury.  Medical malpractice caps are complex and vary based on the type of damages.

These are just a few of the many legal principles that could impact your personal injury action in Texas.  For individualized assistance with your personal injury claim, contact our office as soon as possible.

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 personal injury lawsuit.  

What is a Fracture?

A fracture is defined as any break within any bone of the body.  Fractures vary in severity, with some simple fractures healing with relative ease, whereas compound fractures, which involve the broken bone piercing the skin, carry a risk of infection and longer recovery times.  Car accidents are a leading cause of broken bones, but fractures can also occur as a result of falls, sports injuries, and other high impact events.  

Common Types of Fractures

Car accidents inflict tremendous force on the body, creating the immense potential for broken bones, particularly in the following parts of the body:

1. Leg fractures:  There are three bones within your legs that could be broken in an accident.  The femur or thigh bone, is quite strong but could break in a serious car accident.  Femur breaks will have a long recovery time.  Your tibia and fibula are also at risk of injury if your vehicle crumples in the accident.
2. Facial fractures:  If you are ejected from the vehicle in an accident or your head hits the dash, there are several bones within your face that could break.  Facial fractures can lead to disfigurement.
3. Spine fractures:  The tiny vertebrae bones within your back could break in an accident.  When a vertebra breaks, it is extremely dangerous because it could damage the spinal cord, leading potentially to paralysis.

Car accident victims who sustain a broken bone in the collision should contact an experienced personal injury attorney as soon as possible after the crash to protect their legal rights.  

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. For reasons still unclear, the charter bus seemed unable to move for several minutes. Tragically, an oncoming passenger training carrying 52 travelers – and powered by three locomotives – slammed into the charter bus, resulting in fatalities and injuries to train and bus travelers alike. The petition further alleges that it took nearly 30 minutes for witnesses and emergency crews to remove travelers from the windows of the train and bus.

The investigation into the crash is still ongoing, however details continue to emerge each day. According to media reports, the driver of the ill-fated bus may have been relying on the assistance of a GPS device immediately prior to the collision – which may have led the driver unknowingly onto the tracks without immediate awareness that trouble may be afoot.

Interestingly, the complaint further details a series of sixteen other collisions that have occurred at the same railroad cross – one of which occurred just weeks ago involving a Pepsi truck, which was ultimately struck by an oncoming train (although no one was killed or seriously injured in that crash).

The specific acts of negligence as delineated in the complaint include allegations the bus driver failed to control the bus, failed to act as a proper lookout for danger, and failed to driver the bus as an ordinary, cautious driver would have done. The complaint also names the train company responsible for maintenance of the train involved in the collision – and alleges that the company had a duty to ensure all railroad crossings on the appointed route were safe and in proper working order.

Contact an experienced personal injury attorney today!

If you were recently injured in a serious personal injury case, please contact the attorneys of Chandler Mathis & Zivley today: 1-800-657-2230.

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. According to a lawsuit filed earlier this month, the plaintiff describes her experience in the moments following the Twin Peaks restaurant shooting, which she describes as complete “unmitigated hell.”

The allegations begin with an allegation that the plaintiff was not only not involved with the shooting, but was attempting to reach safety when she was suddenly arrested by Waco policy despite no probable cause that she had been involved in any way. From there, she was jailed for weeks and slapped with a $1 million bond, presumably due to the assumption that she was affiliated with one of the two rival gangs involved in the deadly altercation.

The plaintiff is seeking $350 million in total damages, and claims that she is completely unable to obtain employment as a result of her arrest record. In a statement by counsel for the plaintiff, “[w]hat is it worth to destroy someone’s life and their children’s life? You’re asking, ‘What do you mean?’ Well, these people can’t get jobs. When you Google someone and they’re associated with a mass murder, one of the worst crimes in the history of Texas, are you going to hire that person? No, you’re not….”

In support of her claims, the plaintiff points to the fact that she was not wearing insignia of either of the gangs involved, and arresting officers used a “fill-in-the-blank” warrant to arrest her – a notion which the District Attorney deems as “ridiculous.”

Contact an experienced attorney today!

Civil litigation is a practice area which requires unique experience and understanding of the law. To learn more, contact Chandler Mathis & Zivley today.

If you are asserting a personal injury claim, your medical treatment and information regarding your recovery are going to be very important to your case. The doctor’s records about your care are perhaps the most important evidence of your treatment and potential long-term health effects of an accident.

If these files did not exist, the insurance company would have to just “take your word for it.” Instead, medical records provide summaries of details regarding the accident, follow up care, and medically supported opinions about your prospective recovery. Because of their value to your case, it easy to see why your insurance adjuster may want a copy of these records to review. Should you be concerned about sharing this information?

The Good and Bad of Sharing Your Medical Records

In many situations, you will want the insurance adjuster to see your medical records because that information explains in great detail all of your complaints and problems that may have been related to the accident. These files are a good way to corroborate your claims. However, medical records can also be troubling in some situations because they show all of your prior health complaints as well.

For example, imagine that you were in a car accident and severely damaged your knee. You had to have a complete knee replacement surgery after the crash. However, your medical records indicate that you also had some problems with your knee before the accident as well. Based on this information, the insurance company may try to argue that you would have had to have the knee surgery regardless or that the accident really did not cause your knee problems because you already had knee issues before the crash. You can see how simple information can be morphed into something that the insurance company may try to use against you.

When the Adjuster Requests Your Medical Records

If you think the adjuster’s request to see your medical records is reasonable and you have no problems sharing, you can certainly forward the documents that they seek. In some situations, your health care facility may charge you for a copy of these files, so be sure that the insurance company will pay for this cost on your behalf. Even if you obtain the extra records that they would like, you can still remove portions of the file that have nothing to do with the accident.

In some situations, adjusters may have less-than-honorable reasons for wanting to review your medical records, such as twisting old injuries or embarrassing you. If you think that is the only reason the adjuster wants your records, you are under no obligation to share before a legal case is filed. However, once you file a lawsuit, the rules change, and you will likely have to produce all of the records that they request at some point during the litigation.

Authorizations for Records

When you first assert a claim, it is standard practice for the insurance company to send you an authorization so they can begin to collect information regarding the case. These authorizations often contain blanket permission to obtain medical records. If you are concerned about sharing your medical records, read the document carefully before you sign. Do not sign it if you do not want to share all of your medical records.

When adjusters start digging further into your case, it may be time to call in a personal injury lawyer. CMZ Law can help. Call today to speak to a member of our litigation team.

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.  It is believed he suffered from cardiac arrest when thrown from the boat.  Our Houston, Texas personal injury lawyers offer a look at the causes of boating accidents and some tips to keep you safe while boating this summer.  

Causes of Boating Accidents

Boating accidents can occur for many reasons, with some of the top causes including:

• Operator inexperience:  Operating a boat requires an understanding of the rules of boating and experience in the captain’s chair.  Inexperienced boaters could make critical mistakes, like failing to follow waterway rules and speed limits, overcorrecting, and more.

• Boat malfunctions:  Boats are comprised of numerous parts, the malfunction of any of which can result in serious injury to boat passengers.  The makers of defective boats can be held accountable for injuries that result due to defects.

• Intoxication:  It is illegal to operate a boat while under the influence of alcohol, but many people drink while boating regardless of the laws and dangers.  Intoxicated boat operators may speed, miss obstacles, overcorrect, or otherwise cause accidents on the waterways.  

Boating Safety Tips

Following some simple safety steps can help to keep you and your family safe while boating this summer.  Consider these tips:

• Watch the weather carefully and do not set out if storms are expected;

• Be sure you have adequate life vests aboard the boat;

• Never drink while operating a boat;

• Stay alert at all times;

• Inform family members or your local marina as to where you are heading, your contact information, and what communication equipment you have aboard your boat;

• Take a boating course so you are prepared;

• Consider having your boat inspected for free by the US Coast Guard.

Anyone injured in a boating accident that may have been caused by someone else’s negligence or a manufacturer defect should contact a personal injury lawyer right away.  

Traumatic brain injuries (TBIs) can occur any time the head suffers a blow, jolt, or bump. The most frequent cause of traumatic brain injuries is personal injuries, such as auto accidents and falls.

Every year, millions of Americans suffer from brain injuries, and over half of those are severe enough to warrant a visit to the hospital. TBIs can be very serious and result in long-term damage, health concerns, and even death.

Because TBIs can lead to very severe, long-term health issues, it is important to know and understand the basics of this type of injury. Being able to spot the signs and symptoms of a traumatic brain injury will be helpful in addressing the damage quickly, which may reduce the overall effect of the wound.

Symptoms of Traumatic Brain Injuries

TBI symptoms vary widely from person to person. Many people assume that you must lose consciousness to suffer a traumatic brain injury. However, this is not the case. You may lose consciousness, but that is not required for all TBIs.

A concussion is the mildest type of TBI, but it is also perhaps the most well-known kind. You may suffer from headaches, neck pain, ringing in the ears, nausea, dizziness, and fatigue when you suffer from a concussion. Again, you may or may not lose consciousness even when you have a concussion.

More severe forms of TBI may include the following symptoms:

• Headaches that get worse or do not go away
  
• Inability to wake from sleep
  
• Dilated eye pupils or sensitivity to light
  
• Slurred speech (or other sensory problems such as having a bad taste in the mouth or changes in the ability to smell)
• Convulsions or seizures
  
• loss of coordination
  
• Repeated vomiting or nausea
  
• Numbness or numbness in the arms and legs
  
• Confusion, agitation, or other unusual behaviors

If you suffer from any of the above symptoms, it is a good idea to seek immediate medical attention.

You should also keep in mind that symptoms of TBI sometimes do not arise for hours or even days until after the physical damage occurred. Keeping a close watch on loved ones who may have suffered from a TBI is extremely important.

Tests and Treatment for TBIs

Acute TBI’s will need emergency treatment. Medical professionals use a variety of neurological tests and exams to determine whether a TBI has occurred, including an MRI or CT scan. Sometimes, acting quickly can prevent long-term damage or death, particularly if you have a brain bleed or bruising.

Depending on the severity of the TBI, treatment can range from simple rest to taking steps to ensure that the brain has enough oxygen and maintaining blood pressure. In severe cases, those with a TBI also often have other injuries that need to be addressed.

Some medications may be appropriate for severe TBIs. These often include diuretics, which reduce the amount of fluid in tissues and increase urine output. This type of medicine is used to lessen the pressure inside the brain. Anti-seizure medication may also be appropriate, and it is often administered during the first week after a TBI to avoid additional brain damage.

Because TBI’s are often associated with accidents, your personal injury may be compensable under the law. Contact our team to discuss your legal options if you are a loved one has suffered from a TBI after an accident.