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Handling Harassment and Lawsuits

Sometimes, you may end up suffering an injury that was the result of someone else’s negligence and the person responsible might start harassing you. It may be a driver who keeps calling you and asking you to accept cash in lieu of not suing them or it may be somebody who threatens you outright about filing a lawsuit. As is the case with any other aspect of a lawsuit, you need to speak with your attorney about these situations.

Don’t Talk

One of the most important things that any Houston personal injury attorney will tell you is that any communication related to your case should be handled through them. The defendant you’re going after may start trying to contact you or try to have their attorney or another representative contact you. Never take these communications. Refuse to say anything, hang up or walk away and contact your attorney right away and let them know what happened.

A personal injury attorney is there to represent your interests. They will do whatever they have to do that falls under the scope of their job to protect those interests. If this means having to deal with a situation where you are being harassed, they will most certainly know what to do to help you through it. Once you engage the services of an attorney, remember that it’s up to you to use them correctly.

Right After the Accident

One of the scariest times to go through after suffering a car accident or an accident with another type of vehicle is the first week or so that follows it. This will be the time when you’re not sure what you should do about it, and when you’re still assessing the damages you suffered. You may even be in the hospital from injuries that you suffered.

If you’re relatively certain from the start that it was negligence that led you to end up in this situation, you should start working with an attorney immediately. You don’t have to deal with the other driver or their insurance company at all if you don’t want to. Your attorney will handle all of this for you and, if you are already sure that you want to file a lawsuit over the matter, there’s no reason to not contact an attorney immediately. The period of time immediately following the accident is the one in which you are most likely to say something that goes against your interests out of anger or other emotions. Let an attorney handle this for you.

Tough Cases

Depending on who caused your accident, you may find yourself being intimidated by somebody’s wealth or power. Neither will impress your accident attorney. No matter how powerful somebody is, they are not above the law and an attorney knows it.

Contact an attorney for any difficult situation you find yourself in. Once you have one, follow their advice to the letter.

 

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Are Product Liability Lawsuits Legitimate?

The recent lawsuit by the CPSC over Buckyballs and Buckycube toys has brought product liability lawsuits to the forefront of media attention once again. Whenever these situations happen, there is a cynical voice that permeates the media that tries to lay the blame for the injuries that children and older people suffered due to a defective product only at the feet of the parents or the person involved. In reality, there is a reason that filing a product liability lawsuit is an option for people who were injured by a product.

Bad Labeling

Part of the problem with the Buckyballs and Buckycube toys originates from the labeling of them, which stated that they were safe for people age 13 and older. This sort of labeling is supposed to give parents a realistic idea of whether or not a toy is safe for their children. Parents have every reason to trust that labeling, as the labeling process is heavily regulated by federal agencies. When children are injured by a product that was supposed to be safe for people in their age range, it is hardly the fault of the parents that they trusted labeling that was designed to keep their children safe.

Bad Designs

Some products make it onto the market but are designed in a way that makes them inherently hazardous. Examples include stepladders that fold up under normal usage, coffee pots with timers that end up causing fires and other products that have, through the years, made the news. That cynical voice in the media will oftentimes declare that people who have been injured or have had their property destroyed by such products are simply looking for a way to get rich quick. If somebody has sold you something that was supposed to have been safe and that damaged your property or injured you personally, there is nothing cynical about filing a lawsuit to recover those damages.

Contacting a Lawyer

If you or someone in your family has been injured by a defective product, the first thing you need to do is contact a lawyer about the matter. Listening to the myriad voices in the media, many of whom will be declaring that anybody pursuing a product liability suit against the latest defective product that has made it into the media cycle is simply looking for a way to get rich is absolutely the worst way to get advice. In these situations, a personal injury attorney is there to help you and only you.

Putting trust in a company or a label that gave you every reason to trust it is not foolish. If your child was injured by a toy that was defective in some way, it is not your fault. Talking to an attorney is the only way you can determine whether or not you were injured because the manufacturer was sloppy in how they manufactured a product, how they designed a product or how they marketed the product. Do not listen to the media in these cases. Consult with a lawyer – it’s usually free – and listen to their advice. They are the only individuals in these situations who are representing your interests.

 

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TxDOT Asks Houston Drivers to Be Attentive

A report in KUHF detailed that the Texas Department of Transportation is asking drivers to pay attention while they’re on the highway. According to the article, TxDOT statistics reveal that more than 180 people were hit while riding bicycles, 44 pedestrians were killed, 450 pedestrians were hit by vehicles in 2011 and 600 accidents occurred in work zones during the course of 2011. The article also features a DPS state trooper revealing an important fact about car crashes.

Crashes vs. Accidents

A state trooper quoted in the article says that the word “accident” doesn’t describe many of the car crashes that occur every day. Accidents, according to the trooper, involve situations where a driver has no control over their vehicle or where something unexpected and unavoidable happened. Crashes, conversely, involve situations where something may well have been done to avoid the entire ordeal.

Crashes frequently occur because of people not paying attention when they’re driving. They may pay attention most of the time, but, when the crash actually happens, they’ll be looking somewhere other than the direction the car is headed or otherwise distracted from what’s going on. This has become a more severe problem because of how much cellphones permeate our culture. People quite often send text massages, emails, answer phone calls without a headset and engage in other dangerous behaviors with their cellular devices when they’re driving.

When something really is an accident, no one is to blame. Many car crashes, however, never have to happen. If someone had been paying attention when they were not or if someone had exercised reasonable caution when they did not, quite a few car crashes would have been close calls and others would have never even been realistic possibilities. Too often, people are simply not paying attention and someone ends up injured, dead or having their property destroyed because of a crash.

Heed the Advice

When you’re on the road, pay attention. If you’re travelling at freeway or highway speeds, you go a long distance in a second. If you look down at your cellular phone for a couple of seconds to read a text, you can end up hurting someone or killing them quite easily. Slow down in construction zones. The workers there are frequently within 100 feet of the roadway and, if you lost control at freeway speeds, you’d be on top of them in less than a second.

If someone injures you because they were driving negligently, speak with an attorney about the matter to see if you have a good reason to sue. The attorney may be able to help you at least get compensated in a monetary sense. Some losses can’t really be compensated, but no one should suffer economic hardship on top of other hardships because of someone else’s negligence.

 

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Summer Boot Camps and Injuries

Getting fit might be all the rage but some methods of doing so can be dangerous. Fitness experts are exhibiting more and more concern over the popularity of the camps as methods of getting fit. These boot camps tend to emphasize strenuous activity – obviously, they take the boot camp moniker from the military – to help people lose extra pounds. There are safe ways and markedly unsafe ways to go about getting fit and, if somebody providing a service ends up injuring you because of their own negligence, you may find yourself with quite a lot of medical expenses on your hands.

Doctors and Personal Trainers

Boot camps are generally not run by physicians or anybody with any significant degree of medical training. That being the case, people who are markedly out of shape may find themselves in a situation where they are being pushed too far. According to a press release by a New Jersey doctor, there are over 600 different types of certifications that personal trainers can get. These types of certifications include ones that specialize in boot camp training.

While many fitness experts and personal trainers are very good at what they do, this isn’t true of all of them, nor is it true of all the camps. If you are planning on attending one of these facilities, it’s always best to consult with an actual physician before you do. In some cases, being out of shape for a long period of time may end up putting you at great risk if you engage in activity that is too strenuous for your level of fitness. If your body hasn’t been exercised in a long time, it’s not likely that you’re going to take to long runs, a lot of push-ups and situps and other strenuous activity very well.

Responsibility

If you happen to be injured at one of these boot camps, don’t let the fact that you may have signed a waiver dissuade you from speaking with an attorney. Even though you may have willingly taken on a certain amount of risk by signing such a waiver, only an attorney – who has specific training and experience dealing with contracts – can determine whether or not you do have an option to seek compensation for your injuries. When somebody provides you a service, they are required to be competent and, when they are not, they may be held to be negligent.

Understanding Negligence

Negligence essentially means failing to take reasonable care that would’ve prevented someone from coming to harm that they ended up experiencing. Whenever you suspect that you may have been the victim of negligence, you should speak to an attorney. If you or a family member have attended one of these boot camps and ended up suffering injuries, make certain that you take the time to sit down with an attorney and speak to them on the matter. They may be able to help you by filing a lawsuit against the company providing the services and, in some cases, they may be able to win compensation for you.

 

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Be Careful at the Pool this Summer

Houston has already heated up for the summer, and that means a lot of people are heading to the pool. Whether you’re at a public pool or private pool, exercising a bit of caution may prevent you from sustaining a grievous injury or worse. According to a report released by the US Centers for Disease Control and Prevention, an average of 390 children between the ages of zero and 14 died in drowning deaths through the period extending between the years 2007 and 2009.

High Risk Groups

According to the report, the highest risk group for drowning deaths are those between the ages of zero and five years old. They constituted 293 of the 390 deaths reported from 2007 2009. This translates to roughly 75 percent of those deaths, according to the Consumer Product Safety Commission.

Mitigating the risk posed to children by drowning starts with paying attention. Children should not be allowed to go to swimming pools where there is no supervision or where there is no lifeguard on duty. Keep in mind that, even though other well-intentioned parents may be willing to bring your child down to the swimming pool, there still may be a risk to those children that you’re not considering. Unless those well-intentioned parents happen to have first aid training for drowning victims, they may be able to do little for a child who suffers a submersion injury.

Liability and Swimming Pools

In some cases were children or adults are injured at swimming pools, filing a lawsuit might be an option. There are certainly plenty of swimming pools out there that are swim at your own risk affairs. Even though this is the case, it’s still worth it to speak with an attorney if you or your child happens to have been injured at a swimming pool. The best possible thing you can do, however, is to provide your child with the tools they need to stay safe.

Swimming Instruction

When you don’t live next to any large bodies of water, it’s easy to make the mistake of thinking that swimming lessons may be frivolous for children. Remember: even large cities without any recreational lakes or rivers nearby tend to have a lot of houses with swimming pools. Taking a child to a facility that provides qualified instruction in swimming is always a good idea. It may be a skill that they never need to use to save themselves but, if they do, it is literally the difference between life and death.

Make certain that you visit any recreational facility where your child goes to swim so that you can see what kind of a safety culture they have. While an attorney can certainly help you if your child suffers an injury due to negligence on the part of somebody who should’ve intervened or provided a safer environment, the best case scenario is one where you see negligence before it causes injury and where you are able to remove your child from that situation before the worst happens.

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Bath & Body Works Named in Lawsuit

A Woman in Beckley, WV is suing Bath & Body Works for injuries sustained while using one of their products, according to a recent report in the WVRecord.com. The report says that the woman suffered both property and physical damage from the product, leading her to file a claim.

The Product

According to the report, the woman was using fragrance oil warmer in July of 2010 when it burst into flames. TI was on a wooden table and the woman, acting to put out the fire was burned when hot oil got onto her skin. The claim details a great deal in terms of how defective product lawsuits work.

According to Instructions

The woman who filed the lawsuit was using the product according to directions at the time, which is vital to filing a successful claim for product liability. Generally speaking, if you’re not using a product in an approved manner and you get injured, the manufacturer is not responsible for those injuries. In such cases, it’s far more likely that the jury will determine that your improper use of the product resulted in your injuries or property damage. In order to file one of these lawsuits, you have to have been injured by a product that was defective in some regard, not by a product that injured you because you used it contrary to its recommended usages.

Medical and Property Damage

The woman filing the lawsuit is claiming medical and property damage. She is also suing for pain and suffering, which is a common addition to these lawsuits. It’s not frivolous. Many of the people injured by defective products go through intense pain and suffering. Some of them end up losing their jobs because of their injuries or, at least, losing income while they convalesce.

Texas Law

Texas law is different than West Virginia law, of course, and that means that having a defective products attorney who is responsible for Texas’s laws represent you is vital toward maximizing your chances of winning your claim. There are limitations on how long you have to file these claims, so it’s a good idea to contact and attorney to determine how much time you have remaining. This will let you know whether you need to act right away or whether you have some time to consider whether you want to file a lawsuit.

If you’re not sure whether or not any defective product related injuries you suffered were really the fault of the manufacturer, contact and attorney to get their input. There are complex laws that surround product liability and you need expert advice if you want to make sure that you pursue compensation if you have a chance of winning it. Ask about a free consultation with a defective products attorney. They usually handle these claims on a contingency basis, so they need to meet with you to determine whether or not they’re a good match for your claim. If they are, they may be able to win you substantial jury awards or settlements.

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Product Recalls : Step Stools Recalled

On May 10, 2012, the US Consumer Product Safety Commission (CPSC) announced the recall of Folding Step Stools by Kennedy International of Dayton, NJ. The stools were found to have been a flaw that causes them to break or collapse when in use. As of the press release, there had been at least 15 reports of the stools breaking or cracking. There were three injuries reported, which included a broken leg and a back injury. Consumers must stop using these products immediately and contact Kennedy International. You will be issued a refund by the company.

The Product

The step stools are 9- and 13-ince folders. They are plastic and equipped with a carrying handle. Look for the following style numbers:

  • 3575 for the 9-inch
  • 3576 for the 13-inch

You’ll find the model number printed on a sticker. It’s located on the legs. There is also a label that says “Kennedy Home Collection” on some of the stools, but not all of them. They were produced in a wide variety of colors and color combinations, so any stool of any color may be affected.

These stools retailed at the following stores:

  • HomeGoods
    Marshalls
  • TJ Maxx

They were also sold at other stores. They are manufactured in China.

Trip and Falls and Product Liability

Trip, slip and fall injuries are among the most hazardous. It’s possible for a healthy adult to die from a fall, so it’s imperative that you stop using these products right away. In addition to the threat of being killed, serious injuries can and have results. A broken leg can cost thousands and thousands of dollars in medical expenses, so it’s important to remember that even reparable injuries such as these can be enormous financial hardships.

Getting a Slip & Fall Attorney

Lawsuits provide a way for the victims of defective products to get compensation for their injuries. There are some instances where these claims end up paying a great deal of money to the plaintiffs involved, so be sure to investigate whether or not this is an option for you. The easiest way to do so is to simply sit down with an attorney and to discuss the matter with them. There are some instances where you may have a claim and others where you do not, so you’ll have to talk to an attorney specializing in personal injury law to get sure about the mater.

Other Considerations for Personal Injuries

Remember that it’s illegal to sell any recalled product. If you have a product that was recalled in your possession, the right thing to do is to contact the manufacturer or the retailer where you purchased it. There are generally remedies offered right away. If you were injured using the product, write down what happened and be sure to contact an attorney about the matter. You’ll want to make sure you know what types of medical expenses you endured because of the product and you’ll want to make sure you were using it according to instructions. Any property damage should also be noted. An attorney may be able to file a winning lawsuit for you.

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Eye Surgery and Medical Malpractice

Corrective surgeries such as LASIK are becoming extremely popular. It’s no wonder that this is the case. People with very compromised vision, through these surgeries, are sometimes restored to 20/20 vision. The idea that you could go from being dependent upon eyeglasses or contact lenses to seeing with the same level of clarity you did when you were a child is certainly appealing. Unfortunately, these surgeries can go horribly wrong and, when they do, the consequences can be dire.

Haloes

One of the common side effects of botched LASIK surgery is the appearance of halos around any source of light in the patient’s vision. Unfortunately, this is sometimes damage that cannot be corrected with other surgeries. This type of medical negligence injury can make it extremely difficult for people to drive at night or, if they happen to be dependent upon their eyes for their work – such as if they are a graphic designer – it may make it virtually impossible for them to continue on in the field for which they are trained.

Destroyed Vision

There are instances where people have had their vision destroyed by LASIK. Some of the damage includes permanent double vision, nearsightedness or farsightedness that can no longer be corrected with glasses, and astigmatism.

People have ended up with these types of injuries for many different reasons. There had even been instances when doctors have left debris underneath the lens of the eye or when they have improperly reattached the lens, leaving folds in it that obstruct vision. Obviously, these situations can lead to blindness.

Medical Negligence

Any physician, including the physicians that perform LASIK surgery, is responsible for providing their patients with competent care. When they fail in this regard, they can be sued for medical malpractice. A LASIK provider that failed to deliver on giving you competent care may be liable for being sued because of this. It’s important to speak with an attorney, however, because medical malpractice claims are complex and the attorney needs to understand whether or not what actually happened points to negligence. The consultation is generally free when you’re speaking with a lawyer who handles medical malpractice, so don’t be afraid to phone a Houston lawyer and ask them if they would be willing to represent you or, at least, if they would be willing to sit down for a free consultation.

Discount Surgeries and Negligence

LASIK has become so common and so accepted that surgeons compete on price. When you consider this, it’s a lot different than how most surgeries work. Physicians generally do not compete for price on necessary procedures, such as removing your appendix or removing a tumor. When profits become more important than people, people sometimes end up being permanently injured because of physician negligence. If you had LASIK surgery performed and you ended up suffering permanent eye injury as a result of it, don’t hesitate to contact an attorney. Losing one’s vision permanently, or having it compromised in some way, is a nightmare. With effective representation, you may at least be able to receive compensation for your injuries and pain and suffering.

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Talking to an Attorney About Medical Malpractice

Medical malpractice claims can be very complex. Most of the time, when they’re being discussed, they are addressed from the standpoint of explaining the complexity involved and why you need a good attorney to handle them. There is a very important human dimension to these cases, however, that is seldom discussed. If you’re debating whether or not to speak with an attorney about a medical malpractice claim, the following information may answer some of your questions.

Confidential Information

Many of the attorneys that handle personal injuries and medical malpractice claims will offer to meet you for a free consultation. When you’re dealing with medical malpractice issues, it’s sometimes understandably embarrassing to discuss what actually went on at the doctor’s office. These are very sensitive issues, obviously, and it’s understandable if you hesitate when considering whether or not you should discuss them with someone.

Everything you discuss with an attorney under the auspices of a free consultation is considered confidential. In addition to that, realize that medical malpractice attorneys deal with these issues all the time. They are as unlikely to be shocked by anything you tell them as is your physician or anyone else who is commonly involved with medical issues. You do not need to be embarrassed when discussing these issues with an attorney, nor do you need to be worried about the information you discuss with them being divulged without your consent.

The Necessity

Oftentimes, it’s the desperation caused by incredibly high medical expenses that result directly from physician negligence that finally persuade someone to speak to an attorney. Unfortunately, this also sets up a situation where people who can handle the expenses may wish to just let the matter go. It’s important to remember that negligent physicians may well end up doing the same thing to somebody else. If you have the means to handle whatever medical expenses, lost wages or other damages were caused you by the negligence, that doesn’t necessarily mean that you’re doing yourself a favor by not confronting the issue.

In some cases, the expenses are so intimidating that it’s tempting to just take a settlement and let the whole thing go. Don’t do this. If the physician’s insurance company or the healthcare facility presents you with a settlement without you even having contacted an attorney in advance, they’re likely making a very cynical calculation that involves, essentially, paying you off in exchange for you not pressing the matter any further. Talk to an attorney about this before you accept a check. An attorney working for you has your interests at heart. The physician’s insurance company and the healthcare facility only have their own interests at heart.

Texas has very strict limitations on how long you have to file a medical malpractice claim after the fact. You need to speak with an attorney to get this information. At the very least, it will let you know how long you have to debate the issue before all of your options are off the table. It’s important to talk to an attorney as soon as you possibly can.

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Recovering Property and Medical Damages with a Personal Injury Attorney

The lawsuits that get the most publicity tend to be the ones that win plaintiffs millions of dollars. This is simply because they’re eye-catching, interesting and the public tends to be fascinated by lawsuits. It tends to, however, lead people to an erroneous belief that the point of the lawsuit is simply to punish someone by getting money out of them. Sometimes, lawsuits do include sums that are added simply because of the egregious negligence that led to the lawsuit in the first place, but this is usually not the case. Personal injury attorneys mostly help people get compensated for real damage that they suffered.

Property Damage

These days, most people live an existence that is accurately described as check to check from a financial perspective. Being hit by a drunken driver or a driver who was simply negligent and having your car destroyed is devastating for most people. In fact, it may well cost them their employment, if they depend upon their car to commute. When you see large sums of money given to a plaintiff in a lawsuit, remember that they very well may be replacing their car. Consider how much a vehicle costs. If someone’s negligence cost them their vehicle, there’s really no reason that they should have to foot the bill themselves.

The same applies to damage to property. Negligent drivers sometimes end up driving into people’s yards, and even crashing into their houses. This sort of damage can be very expensive and, because personal injury lawyers can step in and offer assistance, the people who are victimized in this way sometimes file a lawsuit to recover those damages. The large sums that they receive are usually related to the large amount of damage that they suffered.

Medical Expenses as a result of Personal Injury

Medical expenses have bankrupted far too many people. Unfortunately, even though property damage is bad enough, car wrecks, medical negligence and other types of negligence oftentimes result in very high medical expenses for the victim. Rather than staying a victim and not taking any action, people who end up in this situation sometimes contact a personal injury attorney so that they can get assistance recovering those damages. Whether it’s a hospital, physician, a negligent driver or a store owner who didn’t flag a hazard that caused someone to slip and fall and hurt themselves, a personal injury attorney may be able to offer assistance.

Coming up with the figure that you want to seek in the lawsuit is difficult and it does require real expertise. Part of what a personal injury attorney does is make an accurate assessment of the real financial damage that has been done to you as a result of somebody else’s negligence. By doing so, they provide you with a way to go to court and to seek that money in compensation.

Speak to a Personal Injury Attorney

If you believe that someone’s negligence has resulted in you suffering unnecessary financial or medical hardships, be certain to contact a personal injury attorney about the matter as soon as possible or call us for a FREE consultation at 713-771-5453

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