Legal 9/10/19 (page 2) – Sports Injury / Product Liability / Asbestos / Medical Malpractice / Airbag Injury / School Bus / Child Safety Seats / Car Accident & Child Injury / Swimming Pool Accident / Bur Injury – gtg

=========================gtg

===========================gtg

In recent years the number of us regularly participating in sports has risen significantly. This can be attributed to a number of reasons, such as more sport in schools, a better awareness of our own health and cheaper skiing holidays. Although it is encouraging that so many of us are now participating in sports, there is a downside in that there has also been an increase in sporting injuries. Whether the injured party is due any compensation may not be clear in many cases; this is where contacting an injury claim specialist is wise.

Injuries sustained in contact sports

When entering into a contact sport you are accepting that injuries may occur as part of the normal scope of the game. In such you could not bring a claim against an opposition player for an injury sustained in a tackle while playing football. In contrast you could bring a case against an opposition player if they injured you by acting in a manner that is not in keeping with the game, such as punching you in the face and breaking your nose.

Skiing injuries

Injuries received while skiing are especially complex and in most cases liability will lie with the individual. However, liability could sit with the resort in the event that they have failed to control or maintain a ski run. Or if an injury has occurred due to defective rented ski equipment then an injury claim specialist may be able to prove liability.

Seeking expert advice

For the majority of us with little understanding of how the law works it is difficult to know where we stand in relation to compensation following a sports injury. Every case must be judged on its own merits to determine who is at fault, if indeed anyone is. In such cases it is always advisable to contact an injury claim specialist and seek their advice. Not only will they be able to inform you as to whether you have the right to pursue an injury claim, but they will also set the ball rolling and guide you through the whole claim process.

===========================gtg

When you pay for merchandise , companies are obligated to communicate certain facts to you. For instance , if you purchase an electric drill, it should have labels and directions that explain the particular harms of using the tool, including a warning label that clarifies the threats of electricity. Even though warning labels are sometimes pointed to as a sign of a too-guarded culture, they are present for a reason. Manufacturers are accountable for the products they sell. You are able to go to court and recover damages from defective products because this is covered under product liability law.

Not all product liability lawsuits involve defects in products, however. Some are filed when the manufacturer fails to warn their customer. Imagine if the aforementioned drill came with no warning labels at all. Although it may seem like common sense to you, remember that young people or people who simply don’t know anything about tools might get the drill too close to water or might use it in a precarious way. If they were alerted , it’s their responsibility. If they weren’t warned , then it’s the manufacturer’s responsibility and the injured parties can file a lawsuit.

A product liability claim oftentimes arises because an injury is very severe . You have probably seen some of these claims mocked by comedians or in the press . They would allude , for instance, that a person who sustained second-degree burns from a cup of coffee picked up at a drive-through was ignorant for not knowing the coffee was hot. It’s likely that those same snarky individuals would not expect their coffee to be hot enough to blister their skin and that, in addition to that, would be given to them in a venue where they were expected to be driving, with no warning about the fact that the coffee was much hotter than one would consume.

If you’ve been harmed by a product but worry that you’re just being foolish in thinking that you’ve been wronged, talk to an attorney. It is likely that you can get a free consultation regarding your case. Product liability attorneys do not discover ways for people to get rich without working: they represent people who trusted a company, and whose trust was then violated. No product should cause injury in an unforeseen manner. If you’ve been harmed, you’ve likely paid for it, and deserve to collect damages.

======================gtg

In the construction trade, asbestos, which is a man made material, is extremely dangerous. US and many other countries have officially banned it as it has been found to be carcinogenic. Since the substance is still found in buildings there are professionals who are available to get rid of it for a fee. Should you or a loved one be suffering from exposure to this substance, it would be a good idea to think about getting the help of an asbestos lawyer to obtain compensation. There are many attorneys specializing in taking the cases of asbestos victims to court. Some firms even specialize in asbestos related cases. Thus, locating a qualified professional to argue your cases and get you the compensation that you are rightfully entitled to should not be difficult. Before you start your search, however, it is worth looking at the things an asbestos lawyer can do for you.

If an asbestos lawyer is experienced they first must give you a consultation. A professional will speak to you about your case specifically. They will make a determination of your ability to obtain compensation. There are cases where those that have been exposed to something toxic might not warrant monetary compensation. In fact, in most cases, compensation is sought after the person, who has been exposed to the dangerous material, develops a serious medical condition. Statistics show that asbestos victims who have mesothelioma, a kind of cancer of the lungs that has a high death rate, are often the ones who initiate and win lawsuits.

Some states still let people who have been exposed to this substance get compensation before they get sick, in case of future illness. Therefore, you can see why it is important to look for an experienced asbestos attorney. Provided that he knows the state regulations well, he will be able to advise you when to take action as well as to give you prediction about your chances of winning. A good asbestos attorney will clue you in on not only when to sue but who to sue to get the most compensation possible for your injuries that you incurred. An experienced professional, after examining the case, should be able to identify which people and companies are responsible for the heath damages afflicting an individual. Sometimes litigation should be initiated against an employer, but other times proceedings should be against the manufacturer of the material. It is also possible for victims to sue leasing agents or even individual landlords.

Generally, the way an asbestos lawyer can help you most is to win your case. A really good professional can help you settle your case out of court. Often the defendants will negotiate with the plaintiff and/or their attorney before going to trial. The attorney for the plaintiff is able to negotiate a higher compensation that includes more than just the costs for treatment. Good attorneys also use other winning tactics, such as combining cases of asbestos victims.

An asbestos lawyer can be useful in many ways. Contact our Mesothelioma Attorney today. Just make sure you perform a through search in order to get the most qualified one.

=========================gtg

=========================gtg

At our firm we have earned a reputation for our aggressive representation of victims of medical malpractice. Our medical malpractice experts have years of experience serving Texas. Medical malpractice can involve any of the following situations:

• Below standard care, treatment, or ‘botched’ surgery

• Instances in which a doctor hurries through an examination and fails to diagnose a textbook case

• Other failed/erroneous diagnosis and treatments

• Gross negligence and lack of ‘Informed Consent’

• Issues when hospital staff fail to provide necessary care for an admitted patient

• Carelessness by a surgeon or doctor leaving a patient injured for a lifetime

• Health care providers who do not follow accepted standards of practice in the medical community, resulting in patient suffering, disability and even death

• Breach of doctor-patient confidentiality

Medical malpractice lawsuits can be long and drawn out, and they require medical malpractice experts with experience handling complex cases. The lawyers of our firm have the expertise that you will require for your medical malpractice lawsuit. We specialize in medical malpractice cases.

If you or a loved one has experienced or feels that you have experienced sub-standard medical care, you may have a strong case for a medical malpractice lawsuit. Our skilled attorneys are dedicated to providing exceptional service and close personal attention to each client. Our medical malpractice experts have the experience to effectively represent you and your case. We represent our clients’ interests in state and federal courts across the state of Texas. To schedule a free initial consultation with an experienced lawyer, contact us today.

===========================gtg

===============================gtg

Airbag safety concerning children is a critical, but sometimes overlooked issue. Although airbags are designed to save lives, they can also take lives or seriously injure a child if safety precautions are not followed.

Virtually every new car comes with airbags in the dashboard. Many cars also include side airbags. For older children and adults, airbags, along with lap and shoulder safety belts, can protect you from injuries during a car accident. However, airbags are not designed to protect younger children.

Airbags can cause serious injuries to infants who are secured in rear-facing child seats that are in the front seat of a car. Rear-facing child seats should always be placed in the backseat of a vehicle to protect children against possible airbag injuries.

There is also a risk of injury or death to children who are not buckled and are sitting too close to an airbag. The child could be thrown toward the dashboard during an emergency braking. Because of the severe force, an airbag will hit anything that is close to it, which can result in severe injuries to your child.

You can also follow child safety measures for riding in cars by making sure that children are properly secured in an age-appropriate and size-appropriate car seat. If children have outgrown a car seat, then be sure the child is properly secured in a lap/shoulder safety belt. In addition, refer to the owner’s manual in order to properly install child safety seats in your vehicle.

Contacting a Child Injury Attorney

If you wish to file a child injury claim or wrongful death lawsuit after a car accident, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.

==========================gtg

When your child rides the bus to school you should feel confident that they are being safely transported to and from their bus stop. Unfortunately, even though the bus driver and school may take every precaution to keep your child safe, they cannot account for the negligence of others.

Texas law requires all drivers on the road stop when a stopped school bus to stop as it loads or unloads passengers. If the stop signals are displayed, both oncoming and following traffic should come to a complete stop until all the children have made it safely off or on the bus and the safety signals are no longer present.

Your child has the right of way to exit their bus or cross streets to reach their bus when it comes to their stop. If a negligent driver fails to make the stop and strikes your child they can cause serious injury. In a case such as this, you should consult with a child injury attorney to determine your course of legal action.

No one wants to consider their child may be injured while traveling from school to home, but it is a sad reality that some parents do have to face. The injuries sustained in a school bus accident when your child is struck by a negligent driver can be life-threatening or lead to serious disability. To help deal with the costs of treatment and compensate you for your losses and suffering, a child injury claim may be necessary.

There are many dangers your child potentially faces when they ride a school bus. Almost every child will ride one in their lifetime to events such as field trips and sports games. It’s important to know how school bus accidents can result in serious injuries and how to proceed with determining who is liable for your child’s injuries.

Contacting a Child Injury Attorney

If you wish to file a child injury claim or wrongful death lawsuit after a Tampa accident, contact our Law Office to schedule a FREE consultation with a child injury attorney.

==============================gtg

Sadly, child passenger deaths are the most common cause of death for children in the United States. Sometimes these deaths are the result of a failure to use child safety seats.

Serious and fatal injuries could be reduced by 50% if more children were placed in age-appropriate and size-appropriate car seats. In fact, the risk of death could be cut by 71% for infants and 54% for children who are 1 to 4 years old.

One study conducted was to observe nearly 3,500 car seats and booster seats. It was found that 72% of the car and booster seats were misused in such a way that it could be expected a child would suffer injuries if involved in a crash.

However, these are not the only reasons why children are killed in car accidents. One in 4 child passenger deaths were the result of a drunk driver, for children up to 14 years old. More than two-thirds of these children were riding in a vehicle where the driver of that vehicle had been drinking.

Many child passenger deaths are preventable. If you have experienced the tragic death of a child in a car accident and the crash occurred while your child was under the watch of a caretaker (such as a nanny, baby-sitter or day care employee), contact a child injury lawyer who can help you fight for the justice that you deserve.

Contacting a Child Injury Attorney

If you wish to file a child injury claim or wrongful death lawsuit after a car accident, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.

=====================gtg

It’s not only the school bus driver who is responsible for your child’s safe journey to and from school. There are many parties involved in the safe operation of a school bus, from the mechanics who keep it in operation to the school board members who determine when the weather is too poor to allow safe travel. When your child is injured in a school bus accident there can be many people at fault.

Determining who to hold liable in a child injury lawsuit is a difficult task that a child injury attorney can help you with. It’s not always the bus driver’s fault when the school bus is in a serious accident. Negligent drivers, poor weather, or mechanical errors can all result in potentially fatal school bus crashes that put your child at risk for serious injury.

Negligent drivers are one of the major causes of school bus accidents, as they can either strike the actual school bus or they may hit your child as they are boarding or leaving the bus. Failure to stop for a school bus with its stop signals displayed is a crime in Texas, and a hazard to your child.

Poor weather conditions can also result in school bus crashes. When severe storms threaten your area, the school board should put the safety of the students first and close schools when necessary. The school is also responsible for making sure the busses are properly inspected and maintained to avoid malfunction.

Of course, the bus driver is the main link to keeping your child safe by being a responsible driver. If the driver is impaired or intoxicated or otherwise negligent in their duties to safely transport your child, they may be held liable for your child’s injuries in a school bus accident. With all the parties potentially liable, you should consult with a child injury attorney for help.

Contacting a Tampa Child Injury Attorney

If you wish to file a child injury claim or wrongful death lawsuit after an accident, contact our Law Office to schedule a FREE consultation with a child injury attorney.

==========================gtg

==============================gtg

Although airbags installed in cars have saved countless numbers of lives, they can also be a danger to children. If your child has been injured by an airbag in Texas, you should contact a child injury lawyer. A lawyer can help you determine your rights and any compensation you may be entitled to as a result of injuries sustained or in the event of the child’s death.

Child Airbag Injury Statistics

According to the National Highway Traffic Safety Administration (NHTSA), there has been a decrease in airbag deaths for infants and children under the age of 12 since safety campaigns were first launched in 1996.

With the onset of public safety messages about children riding more safely in the backseat, came the decrease in airbag-related deaths. However the risks remain and sadly, there have still been incidences of children being seriously injured or killed by an airbag.

With an increased number of vehicles being equipped with airbags, comes the increased risk of children being injured or killed by airbags during a car accident. Airbags project an explosive force that can be very harmful to small children. They can be projected from either the dashboard or the side panels of a vehicle.

The impact between the airbag and the person coming in contact with it is so forceful it can cause injuries. Although it is recommended that children 12 years and younger ride in the backseat, weight is a more important factor to take into consideration. Even a 13-year-old, who is small in size, can be at risk of injury from a deployed airbag.

===========================gtg

Our No Fee Promise is your assurance that you will owe no attorney fee if we don’t collect money for you. In addition, we will advance all costs, reasonably necessary to pursue your case and will not request reimbursement of those costs, if there is no recovery.

And we fully understand the cost of legal services is a major concern for any client. We pledge to eliminate that concern. Dealing with the effects of the injury to your child, or the devastating consequences following his or her death, is more than enough for any parent to handle without concern of how you will pay for a lawyer. Our fees are offered on a contingency fee basis. This means there is NO FEE unless we are successful in recovering money damages for loss you or your child have suffered. Our attorney fee is paid as a percentage of any recovery obtained and is paid from that recovery.

We stand behind our No Fee Promise. If you have questions about:

-Whether to retain a lawyer,
-Whether you have a case to pursue,
-Or you have questions or concerns about what has occurred to your child,

We look forward to talking to you. We pledge to do our best to give you straightforward advice about your legal options. Call us to schedule a confidential review of your case. There is no cost to you, nor is there an obligation to hire a lawyer.

================================gtg

Causes of a Swimming Pool Accident

The real tragedy is that almost every swimming pool accident is preventable. Listed below are some of the most common causes of these accidents.

Inadequate supervision. Pools in parks, recreation centers, and private clubs are usually required to have a lifeguard on duty. But sometimes these lifeguards are inattentive or improperly trained. At private pools, an adult should always watch over children who are swimming. More importantly, no small child should be left unsupervised in or near a pool area.
Insufficient fencing. All backyards or swimming facilities should have a fence which completely surrounds the pool area. The fence should be at least 4 feet high to prevent young children from climbing over it. It should also have a self-latching gate which is to remain locked when the pool is not in use.

Absence of alarms. If the pool is indoors, alarms should be installed on all of the doors, windows, and other points of entry. Any pool can benefit from a floating alarm which sounds if the surface of the water is disturbed.

Improper covering. A pool cover can provide another line of defense against children falling into the pool unintentionally. But this cover should always be fully in place without any gaps in coverage – and it does not replace the need for a fence around the pool.

Inappropriate rescue equipment or procedures. Rescue aids such as a life preserver and shepherd’s crook should be present and accessible at a pool at all times. Also, the staff and lifeguards at a public pool must know how to use the equipment, and should also be knowledgeable in CPR and other lifesaving procedures.

Private facility owners, municipalities, and even homeowners are liable for what happens in their pools. If you feel that a swimming pool accident has occurred because of the negligence of these parties, you should engage the services of a child injury attorney.

Contacting a Child Injury Attorney

Helping your child to recover from his or her injuries after a swimming pool accident should be your main priority, not dealing with insurance adjusters and complicated legal paperwork. Before accepting a settlement offer in relation to your swimming pool accident claim, contact our Law Office to set up a FREE consultation with a child injury attorney about your case.

==============================gtg

A dermal burn (also called a partial thickness or second degree burn) breaches the skin’s outer layer and spreads to the dermis. Firecracker accidents and prolonged exposure to high-temperature surfaces often result in dermal burns.

The severity of these types of burn injuries can vary widely because the dermis is much thicker than the epidermis. Though the pain is more intense, the treatment methods are similar to those used with superficial burns – but some amount of scarring is often left behind after the burn has fully healed.

A full-thickness burn (also called a third degree burn) is much more serious because it extends into the fat and subcutaneous tissue that is found in the third layer of skin. These burns are seen in electrical accidents or instances where a child has been set on fire.

In most cases, full-thickness burns require skin grafts to heal. This is done by taking healthy skin cells from another part of the body and placing them on the burned area so that new skin may form. In addition to extreme pain, this type of burn almost always results in permanent scarring, skin discoloration, and dysfunctional internal skin systems.

A fourth-degree burn extends past all the skin layers and into the underlying tissue, muscles, ligaments, or bones. These types of burn injuries are treated almost exactly like full-thickness burns.

It is quite likely that a child will not survive a fourth-degree burn. If they do, they will probably be left with permanent damage to their muscles and nerves in addition to the aftereffects of full-thickness burns.

Other Effects of Child Burn Injuries

All types of burn injuries also cause fluid loss in their victims. While this is usually less of a concern for adults, children may endure problems that are related to dehydration. In addition, all burns are subject to infection during the healing process. Because kids are generally more active than adults, child burn injuries might be more apt to get infected.

If you see any child burn injuries that may be more severe than a superficial burn, seek medical attention immediately. If you know of any child burn injuries which were caused by the negligence or reckless actions of someone else, you should contact a child injury lawyer to discuss your legal options.

Contacting a Child Injury Lawyer

Helping your child to recover from his or her injuries after a burn accident should be your main priority, not dealing with complicated legal paperwork. Before accepting a settlement offer, contact our law office to set up a FREE consultation with a child injury lawyer about your case.

==================================gtg

The number of child accidents serious enough to send a child to the hospital increase during the summer. Injuries commonly occur due to falls from playground equipment and from bicycles, skateboards and scooters. Car crashes, however, account for the largest number of summertime child injuries and nationally, are the leading cause of death for children under the age of nineteen.

Generally speaking, there are more teen drivers on the road when school is out, which increases the risk of car crashes simply because most teen drivers lack experience and are often engage in distractive driving behaviors, particularly when there are other passengers in the car.

Tragically, many car accident injuries involving children, are the result of young children not properly restrained in an age appropriate car seat, booster seat or not wearing a seat belt at all. If not properly restrained, a child can be ejected from a car and suffer fatal injuries, even in speeds as low as 30 mph.

Many child injuries are unintentional and preventable and can be avoided with awareness and supervision. Others occur simply because children, at times, do not understand the risk of injury – such as riding a bicycle in a high traffic area or climbing too high on playground equipment and falling – often suffering a closed head injury or a fractured arm or leg.

Doctors and hospitals treat a number of youths in the summer because of a rise, also, in the number of ATV accidents and bicycle wrecks. CPSC approved safety helmets should always be worn to avoid serious head trauma in the event of these kinds of accidents.

Fireworks are often a part of summertime festivities, especially 4th of July celebrations. Many children are attracted to fireworks and don’t recognize the dangers and may not have an adequate adult supervision. When things go wrong, kids can suffer second and third degree burns from fireworks, requiring extensive medical care.

Swimming and water sports are some of the most common sources of accidents. Two-thirds of fatal drowning accidents occur during the summer. Last month, the American Academy of Pediatrics issued a revised policy on the prevention of drowning for children.

Previously, they took the position that after a child’s 4th birthday was the time to begin swimming lessons. Now, parents are advised to exercise their judgment on the issue, but use swimming lessons as part of a comprehensive drowning-prevention strategy, including: installing fencing around pools and in-pool alarms, and staying within touching distance of small children in the water.

Summertime is a wonderful time for kids to enjoy a break from school and to be outdoors playing. Exercise precaution and prevent the unforeseen from happening!

If your child has been injured, call our office for a free consultation.

=============================gtg

================================gtg
If your child has been injured in a car or other vehicle accident, either as a driver of the car or as a passenger in the car, you need answers to your specific questions. If the injury was serious enough, you have already had to deal with treatment by paramedics and the emergency room. Where do you go from here to get the medical care he or she needs? If you have a regular pediatrician, they may be a good resource for initial treatment or for a referral to a specialist. If not, there are a variety of medical specialists who may be able to treat your child’s specific needs. We’ll gladly share with you the types of doctors best suited for your child’s needs.

You may also be wondering how much it will cost you to talk to an attorney (nothing) or how lawyer fees are paid. We offer payment on a contingency fee in most cases.

While we can’t predict every question you have while you are reading this, we will find the answers you need when you contact us.

Recovering financial compensation for your child’s injuries will require investigating the accident to identify each party who may be responsible. That means checking all available insurance coverage, the drivers’, the owners’, and any available uninsured motorist coverage. But remember, when an accident happens, the insurance companies go into high gear to minimize any payments they may have to make. They will have assigned specially trained adjusters. It does not matter to them the injured party is your child. What ultimately matters to them is how little they pay to settle the claim. They will probably attempt to contact you to ask you or your child to give them a recorded statement, sign a few forms, or even offer you some small amount of money for your child’s pain and suffering. Are you prepared to deal with them on your own?
You have enough on your mind, let us handle the insurance company.

I would suggest you politely put them off until speaking to an attorney in our firm.

Let me give you another suggestion. While you are dealing with your child’s injuries and medical care, we will work to recover from the responsible parties the compensation your child may be entitled to receive.

If you still have unanswered questions you would like to discuss with an attorney, please call our office at and schedule a time that is convenient for you to discuss your concerns. There is no charge nor is there any obligation to hire an attorney.

======================gtg

Fire and burn Injuries are the second leading cause of accidental deaths in children ages one to four, with approximately 3,000 children dying each year from burn injuries.

Even with careful adult supervision, events can get out of control, resulting in a tragic accident. Too often, neighbors, family friends or others responsible for your child are careless, and this results in your child being seriously burned.

A child’s burn injury may have life altering consequences. Second and third degree burns require intensive medical treatment initially, normally at a specialized burn center. Treatment may require extended periods of in-patient therapy. Often multiple surgeries are required. Special pressure garments are often used. Plastic surgeries to restore cosmetic appearance may be required as well as counseling and emotional therapies which could be needed shortly after a burn injury and in the future.

Almost every burn case requires investigation beyond what the police or sheriff’s office provides. An early investigation can make a big difference in how your case turns out in the end. Obtaining photographs of the injuries and of the scene and witness statements should be done as soon as possible after an injury while memories are fresh.

Paying for needed medical care is a primary concern for any parent. Medical care may not be the largest component of your child’s injury claim, but it is a significant part. If you do not have medical insurance, we may be able to arrange for doctors and other medical providers to wait for payment until your child’s case is settled. This is through the use of a Letter of Protection, which promises the provider will be paid from the proceeds of any recovery for your child. Most medical providers will not see an injury victim who has no medical insurance unless the person is represented by an attorney in order to work out the Letter of Protection.

Even if you are fortunate enough to have medical insurance, do you understand your insurance company’s right to require reimbursement for the expenses they have paid from any recovery your child receives? Their reimbursement rights will differ depending upon whether they are an employer sponsored plan or one you obtained on your own. Dealing with their reimbursement rights requires special knowledge of State and Federal laws.

Finally, many burn cases are brought against a homeowner based on their negligence. This is common in fireworks injuries as well as other burn situations. Claims against a homeowner may be covered by their homeowner’s insurance. Often, it will provide insurance coverage for acts the homeowner commits away from their home. Some policies will also have a small medical payments coverage amount, generally $1000.

Remember, any insurance company, who insures the person responsible for a burn injury, will be aware of the potential catastrophic losses your child could suffer. Don’t be lulled into believing they will treat you fairly simply because the injured person is your child, regardless of their age. They will assign a highly trained professional adjuster to investigate the claim immediately. They will be interviewing all potential witnesses and have investigators at the scene, gathering evidence and taking photographs. They will likely contact you to attempt to get a statement from you about the accident. They will generally ask you to give them access to your child’s medical reports and sign one or more other forms.

Rather than play according to their playbook, may I suggest you make another decision, one that will arm you with information you need to make informed decisions for your child’s best interest. Please call our office and schedule a confidential telephone or in person conference. There is no charge, nor is there any obligation to hire a lawyer.

================================gtg

==============================gtg

No comments yet Categories: Blog

Leave a Reply