Posted on July 30, 2013 in Uncategorized

Personal injury cases can present unique challenges that warn caution. Defendants and their attorneys will rely on an arsenal of legal mechanisms to deflect or minimize liability. Take the idea of preexisting conditions, for example. If an injured party has suffered a similar injury in the past, the defendants will try to argue that they are not responsible for the injuries.

While it is true that a plaintiff cannot hold current defendants responsible for injuries that they have suffered in the past, plaintiffs are very much entitled to compensation for new injuries or for compensation for aggravation of existing injuries. This is true even if plaintiffs are more prone to new injuries because of their preexisting ones. Also known as the concept of ‘taking the plaintiff as the defendant finds them’.

It is unsurprising then, that many of these cases turn into a bitter fight of what types of injuries already existed. This involves expert testimony. More importantly, it is at this stage that past statements to insurance companies, adjusters or attorneys may come to haunt a plaintiff. At times, a plaintiff does not disclose the existence of previous injuries, thinking that by not disclosing previous injuries, they will increase their chances of recovering more money. If this comes out at trial, however, it will greatly damage the plaintiff’s credibility and reduce their chances of winning greatly. Indeed, it is not uncommon for plaintiffs to settle for substantially less just because they did not disclose a fact they thought would harm their case. In these cases, legal advice is crucial to avoid mistakes common to such situation, and fortunately for plaintiffs, personal injury attorneys are experts at avoiding such mistakes.

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 Posted on July 24, 2013 in Uncategorized

Although there are many outstanding nursing and elder care facilities throughout Texas, unfortunately there are also places where the delicate nature of some patients is taken advantage of in the form of abuse. Some of the primary concerns for the elderly in Texas are issues of financial exploitation as well as verbal, emotional, or physical abuse. Thankfully, there are committed lawyers who pursue claims of nursing home abuse to their end, achieving relief and damages for their clients. This abuse further breaks down into several different concepts, including deprivation, intimidation, the threat of some form of punishment, harassment, humiliation, involuntary seclusion, sexual assault, verbal abuse, the use of derogatory terms, written abuse, corporal punishment, and sexual coercion. The Texas Attorney General takes a strong stance about the dangers of nursing home abuse. If you or someone you know has been a victim of any of the abuse types detailed above, it’s recommended that you contact law enforcement right away to end the cycle of abuse. Sadly, sometimes victims of nursing home abuse have to suffer for months before they are comfortable or able to reach out. The impacts of nursing home abuse can sometimes even be hidden, and patients may be forced to lie about their situation or to underplay the reasons they have bruises or emotional trauma. If you think you know someone who has been the victim of nursing home abuse, you need the advice of an attorney in New Braunfels, Texas. Abuse in a nursing home can drastically reduce the quality of life for your loved ones, and it’s important to stop the chain of pain and suffering right away. Start by contacting social services to report the abuse and removing the person from the situation if you feel danger is imminent, and then schedule a consultation with a Texas personal injury attorney for your case. Everyone has the right to a life free of violence and harassment.

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 Posted on July 19, 2013 in Uncategorized

A slip and fall case filed against the H-E-B grocery chain has been completed with a final judgment. The suit started back in 2010, when Florence Brown claimed that she was injured in a puddle of water on the floor of the grocery store. The final judgment, issued in late spring, states that the plaintiff may recover nothing from the defendant. Slip and fall cases can be extremely complex and challenging to try, which is why it’s critical to hire a skilled personal injury attorney. In order to try a slip and fall case, an attorney and the plaintiff must be able to demonstrate that the owner of the business or organization was negligent in failing to warn customers of any potential danger. If there are puddles or other obstructions that could cause an individual to fall and hurt themselves, it’s the responsibility of the company or organization to notify customers in some way, which is usually done with appropriate signage. Unfortunately, many slip and fall cases still happen across the country because victims are not able to see the danger until it’s too late. Slip and falls can cause serious injuries with long recovery periods, like fractured or broken bones, including hips. These injuries can alter the life of the victim in a matter of moments, presenting a variety of challenges that can even last over the course of a lifetime. Since there are so many factors involved in slip and fall cases, it’s vital to hire an attorney who knows how to try these cases effectively. Developing an argument about negligence can be difficult, although experienced attorneys will be able to lay out a compelling case regarding your injuries. For further information, contact our office today for a complete evaluation of your own case.

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 Posted on July 16, 2013 in Uncategorized

Today’s market for baby and toddler products has numerous options for new parents, but unfortunately many of these products are recalled on a daily basis. Parents are shocked to learn, sometimes too late, that the products they have used with their children are incredibly dangerous. The Nap Nanny is the latest in a line of baby products that’s been determined unsafe for children.

The U.S. Consumer Product Safety Commission recalled the product last week after 5 infant deaths were reported from using the product. The Nap Nanny was a soft surface for babies to sleep on, and many other parents reported that their child was falling off the product. This recall was a surprise to some parents, who alleged that the product wasn’t dangerous at all. The product has already been through some recall challenges in 2010, when it was forced to get a new warning label and implement some design changes. The company making the Nap Nanny, Baby Matters, is out of business, but the products were still sold in many retail locations nationwide.

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 Posted on July 12, 2013 in Uncategorized

The NTSB says that the government should evaluate whether a medium-duty truck driver should be required to get a commercial truck driver’s license. The agency undertook a 5 year study that found that these medium-sized trucks were involved in too many accidents. The outcome of a trucking accident can be devastating, since the size of even a medium truck can impact and even destroy smaller vehicles, sometimes killing the passengers inside the smaller vehicle.

The study reviewed single-unit truck crashes between 2005-2009, finding that a large group of those accidents were linked to medium-sized vehicles. These trucks were defined as having a gross vehicle weight over 10,000 with non-detachable cargo units and all axles attached to a single frame. These trucks were linked to 1,800 deaths every year during the truck study period.

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 Posted on July 04, 2013 in Uncategorized

The Department of Transportation has taken a stand regarding the amount of rest required for truckers. Concerns over the dangers of trucking accidents has led to an increased focus on ways to make trucks safer for all drivers on the road.

Some of the new rules being implemented require drivers to take longer breaks in between driving stints and to cut back on their total hours operating the vehicle. The exact parts of the new law mandate that drivers must stop and take a break every eight hours for at least thirty minutes.

The maximum number of hours truckers could work in one week was previously 82 hours, and that has been reduced to 72 driving hours for every truck driver. Once an operator taps that 72-hour limit, he or she must restart those hours after a solid 34-hour break.

Although some truck drivers are concerned about the impact the laws might have on their earning capacity, but lawmakers are convinced this is a step in the right direction for cutting down the number of trucking accidents and fatalities plaguing the nation. Fatigue and truck drivers have long been connected, leading to dangerous crashes that can lead to multiple car pileups.

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 Posted on June 30, 2013 in Uncategorized

Even though all 50 states have laws requiring drivers to have at least some sort of auto insurance, not all drivers follow this rule. In many cases, it is because (they claim) they cannot afford it. Problems arise when you are struck by an uninsured driver, financial ones in particular. But there are a few simple steps you can follow to lessen the blow.

1. First things first, call the police. Odds are the person who hit you will try to influence you not to, whether it is by begging or offering you cash. You want to call the police so that if you end up going to court, you will have an official police report on your side. If it is not necessary for the police to be present, they will let you know.
2. You must collect as much information as you can about the driver that hit you. You are legally required to exchange your driver’s license information and registration information. Just in case, try to take note of the car’s license plate number, make, model, and VIN number.

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 Posted on June 27, 2013 in Uncategorized

Eric Anthony Munoz was indicted in mid-June in Comal County for aggravated assault with a deadly weapon “after he allegedly held a woman at knifepoint inside her own home,” according to KGNB.am News. The 25-year-old woman called the police after she had been walking “through a hallway in her home when she noticed the man standing in her living room and walking toward the back of the house where her children slept.” She first yelled at the man and told him to leave, and that was when he pulled out his knife and threatened her verbally with it.

The perpetrator allegedly “fled the scene on foot when he apparently realized he had come inside the wrong house,” according to KGNB News, but the woman was able to give the police a description of the man and they were able to track him down only minutes later. The 20-year-old Munoz was being held on a $100,000 bond, which he posted, and then following his indictment was held again on $41,000 bond. “He faces 2 to 20 years in prison if convicted at trial,” according to KGNB News.

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 Posted on June 25, 2013 in Uncategorized

Father’s Day was a holiday during which one Texas family mourned, when a family was torn apart as a result of a fiery car crash caused by George Munoz Jr. Munoz was speeding through Culebra road when his vehicle collided with the vehicle of Wesley Lindsay, aged 27. The victim’s car burst into flames on impact. Lindsay was driving his two sons and wife to a family get together. One son, Travion Lindsay, is currently in a full body cast and under sedation, and he is the sole survivor of the crash. Car accidents are, sadly, a leading cause for personal injury lawsuits.

Munoz was arrested while carrying a gun, which he held onto as he exited his own vehicle. Police officers believe that Munoz may have become distracted while threatening another driver with the gun. A patrol officer had previously identified the driver threatening another person and then leaving the scene of that incident in his vehicle. Police were notified of his description and the disturbance, but Munoz’s car took off to reach more than 60 mph in the neighborhood, leaving police little opportunity to apprehend him before they heard the sounds of the accident.

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 Posted on June 20, 2013 in Uncategorized

According to a recent article, Amanda Hoffman, 23-year-old Texas A&M grad, is currently fighting for her life after being injured in a car accident while on her way to a water-skiing tournament.

Hoffman had been traveling to North Carolina for the tournament with two of her teammates. At the time of the accident, she was sleeping in the backseat with her seatbelt on. Hoffman suffered serious brain injury after being thrown from the car, and has been in a coma ever since.

Samantha Stern, Hoffman’s best friend, stated, “She’s just amazing. She’s smart, she’s beautiful, she’s funny, and she’s the light of anyone’s world who knows her.”

Hoffman had just recently graduated from A&M. She was the captain of the school’s club water-ski team.

Stern is planning to leave her job in Bryan, Mississippi, and stay with Hoffman’s mother for the recovery. “I know it’s going to be difficult to see but she would do it for me and I have absolutely no question about that,” said Stern.

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