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Posted on in Personal Injury

personal injury, New Braunfels personal injuryThe “King of Torts” recently passed away quietly at age 90.

Mr. Joe Jamail, who was born in Houston in 1925, obtained his law degree from the University of Texas in 1953, and built a career that included over 100 verdicts which exceeded $1 million. One of the most noted verdicts, a $10.5 billion breach of contract action that involved two giant oil companies, came in 1985. A number of years later, the consummate Texan admitted that he had a difficulties during closing arguments in that case, following a night of drinking with a country music singing star and a legendary local college football coach.

In an ironic twist, Mr. Jamail flunked a torts class while a student at the University of Texas Law School.

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Posted on in Truck Wrecks

truck wreck, tractor trailer accident, New Braunfels personal injury attorneyAlthough there are some twists and turns along the way, Interstate 35 runs in almost a straight line between the Mexican border at Laredo and the Canadian border at Duluth, Minnesota. Especially in the post-North American Free Trade Agreement era, Interstate 35 is one of the primary trucking lanes for various goods, and also a prime spot for major truck crashes. These wrecks are very different from passenger car crashes, in several important ways.

Evidence

All successful negligence cases are built one piece of evidence at a time, and the building blocks are significantly different in these cases.

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Texas workers comp attorney, Texas injury lawyer, job injury,The Texas Supreme Court recently upheld the exclusive remedy doctrine by declaring that injured workers cannot sue insurance companies for egregious bad faith practices. This latest ruling not only reaffirms an earlier 1989 case; it also substantially extended the prior law, so victims no longer have any legal recourse even if the insurance company is guilty of malicious prosecution and misrepresentation. In Re Crawford stemmed from an Amarillo smelter explosion in 1998. The victim in this case suffered second- and third-degree burns on his neck, face, upper body, arms, and legs. His left arm was amputated and his right arm was permanently disfigured. As part of his ongoing rehabilitation, the man exercised for a couple of hours a day at a local gym. Investigators noticed that there were no electronic records of his attendance, so the state prosecuted him for workers’ compensation fraud. Gym personnel later testified that the man was unable to remove the swipe card from his wallet, so they opened the door for him. In a subsequent lawsuit, the man claimed that the company continually denied him benefits, in addition to prosecuting him maliciously. In a unanimous, unsigned opinion, the Texas Supreme Court ruled that “that the Division of Workers’ Compensation has exclusive jurisdiction over the [family’s] claims and the Workers’ Compensation Act provides their exclusive remedies.” In other words, injured workers can almost never pursue a tort action in civil court to obtain compensation for their non-economic injuries. Workers’ Compensation System These laws first appeared at the turn of the 20th century in the industrial Midwest. In exchange for no-fault insurance to cover workplace injuries, employees agreed to give up their right to sue in court for damages. But, mainly because of recent reforms that have chiseled away at benefits, there is some indication that this so-called “grand bargain” may be breaking down. If you were injured on the job, it is more important than ever to partner with an experienced lawyer, because the insurance company has the legal tools, and the financial incentive, to deny your claim. Workers’ compensation insurance in Texas still provides cash benefits for injuries due to:
  • Trauma incident, such as a slip-and-fall, or an
  • Occupational disease, including back pain and carpal tunnel syndrome
It is important to talk to an attorney and file your claim right away, or you may lose entitlement to your benefits. To get your piece of the shrinking workers’ compensation pie, contact an experienced New Braunfels workplace injury attorney for a free consultation. We do not charge upfront legal fees in these cases.
drunk driving accidentsEveryone knows that driving while impaired is more likely to lead to an accident. With this in mind, it is not a far leap to recognize that more injuries and fatalities occur due to drunk driving accidents during the holiday season—when more people are presumably on the road after having spent the night drinking. According to the National Highway Traffic Safety Administration and reported by BACtrack.com, between 2001 and 2005 an average of 36 fatalities occurred per day on average as a result of an alcohol-related car crash. During the winter holiday season, this number rose to an average of 45 fatalities per day involving an alcohol-impaired driver—and rose to 54 deaths per day over the New Year’s holiday. These statistics, of course, are staggering. Even if crashes are not fatal, alcohol-impaired crashes are more likely to be severe and thus more likely to result in serious injury as well. According to the American College of Surgeons Committee on Trauma, more than 40 percent of car accident-related injuries occur because of a drunk driver. This statistic also extends to pedestrian-vehicle deaths: 40 percent of all pedestrian deaths that result from a car accident involve a driver who had been drinker. “Even those who drink ‘relatively low levels,’ in other words, less than one drink per day, are at greater risk of getting injured,” according to the American College of Surgeons. The United States Center for Disease Control corroborates this fact: even just one drink—within the legal driving limit—can impair a person’s ability to operate a motor vehicle. He or she can be charged with DUI even if his or her limit was below the legal limit. If you injure someone in a drunk driving accident, it is a mark that can go onto your record forever. If you or someone you know has been injured in an accident that involved a drunk driver this holiday season, you are likely eligible for compensation. Do not go through it alone. Contact an experienced New Braunfels personal injury attorney today.
recalled car seatsGraco Corporation, one of the largest manufacturers of baby and child products, has issued a recall for 11 different models of baby strollers because of reports the products may cause a fingertip amputation hazard. According to an announcement on the Consumer Product Safety Commission’s (CPSC) website, the folding hinge, which is located on the side of the stroller, can pinch a baby or small child’s finger, which may result in a laceration or amputation of the child’s finger. Graco has received at least 11 different complaints from consumers where children were injured. Six of those victims had their full fingertip amputated in the incidents, four children received a partial-fingertip amputation injury, and one child received a serious fingertip laceration. The company warns parents and other caregivers, when opening a stroller, to make sure the side hinge has completely locked in place before placing the child in it. The strollers being recalled were manufactured under the Graco and Century names, and were manufactured between 2000 through 2014. The model names the company says which have the defective hinge are:
  • Aspen;
  • Breeze;
  • Capri;
  • Cirrus;
  • Glider;
  • Kite;
  • LiteRider;
  • Sierra;
  • Solara;
  • Sterling; and
  • TravelMate.
Graco estimates that the recall affects approximately 5 million units which were sold in the U.S., 200,000 sold in Canda, and 10,000 units sold in Mexico. Consumers can contact Graco for a free hinge repair kit. Graco has had to issue several recalls this past year. In March, the company was forced to recall over four million car seats and in July another recall was issued for almost two million infant car seats. In both recalls, there was a danger presented to children from the buckles of the harness of the seat becoming stuck and parents unable to remove their child. If your child has been injured in an accident involving a defective product, contact an experienced New Braunfels personal injury attorney to find out what legal recourse you may have against the product’s manufacturer.

The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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