Attorney Blog

New Texas Law Cracks Down on Ambulance-Chasing Attorneys

blog@www.jrlawfirm.com (Blog Author)74080 — Tue, 31 Jan 2012 08:00:00 EST

There is a big difference between appropriate attorney advertising on the web or on television and illegal attorney advertising. Recently, Texas passed a new stricter law regarding illegal attorney solicitations that went into effect on September 1.

Barratry, which is more commonly known as ambulance chasing, is the act of stirring up lawsuits and legal issues in order to profit from the resulting litigation or settlement. While the act of barratry has long been considered unethical and illegal in Texas, many (including many Texas attorneys) believed that the current laws were not strict enough.

Under the new Texas barratry law:

Clients can void any legal contracts obtained through barratry
Clients obtained through barratry can sue their attorney for fees, expenses, and damages.
Barratry victims can sue those who commit barratry even if a legal contract was not signed.

The law, which was supported by both the Texans for Lawsuit Reform and the Texas Trial Lawyer Association, will be tested for the first time this month in Corpus Christi, as a Texas resident sues an alleged ambulance-chasing law firm in South Texas.

At the Rasansky Law Firm, we welcome any laws that discourage and prevent barratry – and encourage injury victims to report abuse. Our Dallas personal injury attorneys are here to listen to injury victims and help them understand the law. Any laws that further punish those who commit barratry are good for both accident victims and attorneys alike.

Defective Product Attorney | Class Action VS Single Law Suit

blog@www.jrlawfirm.com (Blog Author)74252 — Tue, 31 Jan 2012 08:00:00 EST

Class Action VS Single Law Suit

Sometimes, you'll see lawsuits over dangerous drugs manifest in the form of class action lawsuits. These lawsuits are a specific type of legal action that allows the courts to remain free of thousands of different lawsuits and they're very popular for cases that stretch across state lines.

What Is a Class?

A class is a group of plaintiffs that have essentially the same complaint against a defendant. If a group of plaintiffs, for instance, all suffered permanent disabilities due to taking a particular drug and if their situations were more or less the same, they may be grouped into a class and one of their lawsuits could be used as a representative action to determine whether or not the manufacturer is liable for the damages. Not everyone affected by a drug has the same reactions, so not every instance where a lawsuit is brought against a drug manufacturer can be made part of a class.

Do I Have to Participate?

If your injuries that stemmed from the use of a dangerous drug mirror those suffered by those participating in the class action, you may do well to participate in it. An attorney can let you know whether or not this is your best option.

If your injures are not related to the reasons for the cases being filed in the class action, however, you may want to discuss filing your own lawsuit with your attorney. The attorney may be able to get your own lawsuit going and, if you're not represented by the class of people suing, this might be your best option overall.

Hiring an Attorney

You can use your own attorney, no matter what. When you start talking to an attorney about what you believe the bad drug did to you, the attorney will be able to determine your best option for proceeding with the case.

Make sure you deal with an experienced attorney. A good defective product attorney can make sure you get the best possible representation and that you have the best chances of winning your claim. That being said, there's no way to guarantee that you'll win your claim, even if you're sure that you have a good one. There are some instances where unsafe drugs do not expose the pharmaceutical company to liability and, because of that, there are cases where you might not actually have a lawsuit that's worth pursuing.

Abilene Bus Accident Report: Bus Driver Says He Was Fatigued

blog@www.jrlawfirm.com (Blog Author)74079 — Mon, 30 Jan 2012 08:00:00 EST

A new report has revealed that the bus driver who was involved in a fatal accident in Abilene, Texas in November might have been drowsy, fatigued, or even asleep at the wheel in the moments before the crash.

According to the Associated Press, bus driver Michael Nicodemus produced a written statement and a video statement explaining that he may have possibly fallen asleep or closed his eyes for a few seconds while driving.

The man, a professor at Abilene Christian University, was driving a school-owned bus filled with faculty members and students to a charity event in Medina. The bus ran off of the road on the way to the event, injuring over a dozen people and killing 19-year-old Anabel Reid. Twelve people were ejected from the bus and three people were critically injured.

The investigation into the fatal Abilene bus crash is ongoing as Texas Department of Public Safety officers continue to collect evidence and await the results of drug and alcohol blood work.

Fatigue and falling asleep at the wheel are all too common causes of Texas bus accidents. If you or a loved one have been injured in a Dallas bus crash that was caused by negligence or carelessness, it is important to speak with a Texas personal injury attorney. For more information or to schedule a free, no-obligation appointment, contact Rasansky Law Firm today.

Texas Cerebral Palsy Lawyer | Cerebral Palsy - Understanding the Condition

blog@www.jrlawfirm.com (Blog Author)74149 — Mon, 30 Jan 2012 08:00:00 EST

Cerebral Palsy - Understanding the Condition

Cerebral palsy is actually not just one condition. The term refers to the loss of muscle control that results from brain damage. Among the criteria for diagnosing cerebral palsy are:

The brain damage is non-progressive
The condition is permanent due to the brain damage

There are several different varieties of cerebral palsy. Dyskinetic cerebral palsy is one specific type with its own characteristics. There are several other types of cerebral palsy and a sufferer may have one or several of them.

In addition to the fact that there are many different types of cerebral palsy, there is also a lot of variation in how severe the condition is between one person's case and the next.

1: Non-Progressive

Non-progressive means that the condition is not worsening over time. If your child is diagnosed with CP, the brain damage that they suffered is not getting worse as they age. While this is good news in the sense that there is no ongoing damage, this is not the same as saying that the symptoms cannot get worse. They can. Some cerebral palsy suffers have more severe spasms, hearing loss and other issues over time.

2: Permanent

Brain damage does not heal. Modern medical technology, as of right now, has no way of repairing most brain damage. The brain damage suffered by people with cerebral palsy can sometimes be very severe and sometimes very mild. Some cerebral palsy sufferers have very few symptoms and those that they do have are minor. Others suffer tremendously from the symptoms of the condition. Either way, it's permanent.

A Texas CP lawyer may be able to help you if your child's CP was caused by medical negligence. Before you decide that it was, however, remember the following: Establishing medical negligence and getting a jury award or a settlement takes skill and knowledge on the part of a lawyer. If you're brining a lawsuit, you'll want to make sure that the person arguing it for you is very good at what they do. This is the best way to increase your chances of winning.

A good cerebral palsy law firm will have lawyers who are knowledgeable and experienced with these cases. Not only does this mean that they have an impressive level of familiarity with the legal issues surrounding medical negligence, it also means that they are very familiar with CP. This gives them a significant advantage over attorneys that cannot say the same for their experience and knowledge.

The Most Dangerous Projectile during a Car Accident: You or Your Passenger

blog@www.jrlawfirm.com (Blog Author)74077 — Sun, 29 Jan 2012 08:00:00 EST

You may know that having unsecured cargo in your vehicle – such as baggage, briefcases, or purses – can transform into dangerous projectiles if your car is involved in a collision. However, you may not know that the most dangerous potential projectile in your vehicle is anyone who is not securely buckled in to his or her seat.

Wearing your seatbelt is not just for YOUR safety

Some people who don’t buckle up claim that it is their choice and their life – and that no one else is affected by their decision to go without a seat belt. However, they may not realize that by not wearing a restraint, they are risking the health and safety of everyone else in the car. If your vehicle is struck by another car, runs into an obstacle, or rolls over, anyone not wearing a seatbelt will likely fly from their seat and could strike another person. Because of the large amounts of force involved in these accidents, a human projectile could easily inflict fatal injuries on another passenger.

Dallas vehicle accident attorneys

There have been numerous studies, experiments, and investigations into the subject, and the results are always the same: seatbelts save lives.

If you have been injured in a Texas car accident and believe that someone else was at fault for the crash, it is important to know the law and know your rights. Contact the Dallas personal injury attorneys at Rasansky Law Firm today to schedule a no-obligation, confidential appointment.

Texas Birth Injuries: Nine Risk Factors for Shoulder Dystocia

blog@www.jrlawfirm.com (Blog Author)74078 — Sun, 29 Jan 2012 08:00:00 EST

This month a Victoria mother filed a Texas birth injury lawsuit against the Victoria Women’s Clinic as well as her obstetrician. In the suit she claims that her doctor should have known that she and her baby were at high risk for a common and serious birth complication: shoulder dystocia.

Shoulder dystocia occurs in an estimated one in one hundred births – and can have very serious and permanent consequences for both the mother and the child involved. When the infant’s shoulder is trapped behind a mother’s pelvic bone, it could result in paralysis, nerve damage, brain damage, and even infant death.

What are the risk factors associated with shoulder dystocia?

If the mother has a history of shoulder dystocia complications in previous births.
If the mother suffers from diabetes.
If the mother is overweight or obese.
If the mother has a short stature.
If the mother has an abnormal pelvic structure.
If the delivery is taking place after the due date.
If the baby has an above average gestational weight.
If the first or second stage of labor is protracted.
If forceps or a vacuum is used during delivery.

In some cases, it is difficult to predict shoulder dystocia. However, in other cases enough risk factors exist that doctors can respond effectively to the issue early. If you or your infant were injured during a birth involving should dystocia – and if you believe the injuries should have been prevented – you should speak with a Dallas birth injury lawyer immediately. Call Rasansky Law Firm today.

Accident Attorney | Don't Be Afraid to File

blog@www.jrlawfirm.com (Blog Author)73922 — Thu, 26 Jan 2012 08:00:00 EST

Don't Be Afraid to File

For some people, figuring out whether or not they actually want to file a lawsuit is a more complex question than it is for others. Such individuals don't necessarily want to deal with going to court or any of the other aspects of filing a lawsuit and, because of that, they may wonder if it's worth it at all. If you're in this position, here are some things to consider about whether or not it's worth it to you to file a lawsuit.

1: It May Not Cost as Much as You Think

Sometimes, people decide not to file a lawsuit because they assume they won't be able to afford it. This isn't usually the case. Filing a lawsuit, of course, can be expensive, but not always. If you're working with an attorney on a contingency agreement, it means that you don't have to pay them anything unless you actually win your claim. This ensures that you don't end up owing legal fees without having won compensation.

2: It May Not Be as Complex as You Think

Quite a few people assume that anything having to do with court is going to be complicated. Quite often, they're right. The point of having an attorney, however, is that the attorney can handle the complexities for you. You'll just end up following your attorney's lead with the legal complexities involved, so there's no reason to worry about them.

3: You May Get a Settlement

In some cases, the defendant will end up offering you money so that they can avoid having to go to court over the matter. This is more likely to happen if you have a very good case. The thing to keep in mind about legal issues is that you need your attorney to let you know whether or not you do have a good case. It's impossible to determine this on your own and you may end up foregoing a lawsuit that you'd probably win if you miscalculate in this regard.

Contact a DFW car wreck lawyer to determine whether or not you should go ahead with a lawsuit. They can help you figure out whether you have a good case, how much you should seek in compensation and answer your other questions. A good accident attorney will have a great deal of information to share with you and will make sure you know all of your options.

Dallas Auto Accident Attorney | Death at the Hands of a Drunk Driver

blog@www.jrlawfirm.com (Blog Author)73759 — Tue, 24 Jan 2012 08:00:00 EST

Death at the Hands of a Drunk Driver

Drunk drivers are deadly; Americans all over the country have been made aware of the dangers. Nevertheless, people go out, get drunk and then try to drive themselves home every weekend. This behavior puts everyone else on the road at a very real risk of being injured and even killed. When a drunk driver's mistake costs a life, the family has options for seeking compensation, in some cases.

Drunk drivers face a variety of possible criminal charges. There is even more potential for criminal charges against drunk drivers when they're responsible for causing a death. In addition to these criminal charges, they face vulnerability to civil lawsuits.

What's the different between a civil and criminal trial?

Criminal charges are designed to punish the drunk driver for having taken someone's life. Lawsuits filed by the victims are designed to provide the victims and their families with compensation for having suffered the loss of a loved one. There are very real—and oftentimes harsh—financial consequences for losing a family member.

What's a settlement?

In some cases, the party being sued may opt to offer a settlement. When this happens, the defendant approaches the plaintiff with an offer of compensation. The compensation offered will usually be less than the jury award being sought. You won't get as much money from a settlement as you might from a jury award but you won't have to pay court fees, either. This is why they're attractive, in some cases.

How would a jury award work?

The jury award you get—if you get one, there's no guarantee—might include some or all of the money you're seeking. Your attorney will help you arrive at a sum to seek in compensation. This sometimes takes a bit of work. You may have to project future medical costs or the costs of lost wages because of someone having died.

A car accident lawyer in Dallas will have to hear your story before they can tell whether or not filing a lawsuit would be a good option for you. These lawsuits can be filed under contingency agreements. This means that the auto accident attorney you hire doesn't get paid unless they win your claim. If they do win your claim, their fees are deducted from whatever award you receive. If you're debating whether or not you should file a lawsuit, consider contacting an attorney and sitting down with them. It's the best way to find out whether or not you should go ahead and file a lawsuit and most consultations will be free of charge.

Texas Preschool Abuse Lawyer | After Abuse: Set Your Child On the Road to Recovery

blog@www.jrlawfirm.com (Blog Author)73661 — Mon, 23 Jan 2012 08:00:00 EST

After Abuse: Set Your Child On the Road to Recovery

If you discover that preschool abuse has been going on, there are two important actions that you have to take. One, you need to report the abuse to the authorities so that they can begin the process of pressing criminal charges against the people responsible for the abuse. Two, you need to make certain that all of the needs your child has due to having been abused are attended to. The latter can be very expensive and, sometimes, parents aren't sure exactly where to turn for help.

Children's Counselors

There is an entire world of psychiatrists, psychologists and other counselors who work exclusively with children. These professionals provide mental health services that are tailored to the needs of the youngest people in society. Even if your child is not showing any outward signs of having been psychologically damaged by the abuse that they endured, you can be certain that they are feeling a great deal of turmoil inwardly. Contacting a counselor and setting up your child with an appointment is one of the first things you should consider doing to help them with the recovery process.

Doctors

If there were aspects of the abuse that your child suffered that were physical, you're going to want to have them visit a doctor. Ideally, your family doctor will have already documented the signs that your child was abused, which can provide valuable evidence for prosecutors. After the fact, however, your child may still need medical care of varying types depending upon the extent of and the nature of their injuries. Consult with your physician to find out whether or not they believe that your child needs ongoing medical care or if they are already on their way to recovery.

Representation

There is also the option of filing a lawsuit against the negligent preschool facility that allowed your child to be abused. When you take your child to a preschool, you have a reasonable expectation that they will look out for the safety of your child. When they fail in this regard, it may be time to contact a preschool abuse lawyer. The lawyer will be able to meet with you and determine whether or not they are likely to be able to help you with your case. If they are able to help you with your case, they may want to take you on as clients and represent you in court. The only way to find out, however, is to contact an attorney.

DFW Car Wreck Lawyer | Beware of Wolf Packs on the Road

blog@www.jrlawfirm.com (Blog Author)73665 — Mon, 23 Jan 2012 08:00:00 EST

Beware of Wolf Packs on the Road

On the road, wolf packs form when a group of cars cluster close to one another and end up driving through the other traffic on the road more or less as a unit. This is a very dangerous situation. Many different types of accidents can be caused by these wolf packs and, if you're not paying attention and looking for them, you may find yourself in real trouble.

Danger 1: Stopping Distance

Your stopping distance increases as your speed increases. You always need to make sure you have adequate room to react if someone stops suddenly in front of you. Wolf packs create a danger by grouping a bunch of cars together too closely for them to be able to stop in an emergency. This creates a very real risk of pile-up accidents, particularly in rainy or cold and snowy conditions.

Danger 2: Pedestrians

Any situation where you need to hit the brakes quickly is made worse when you're travelling too close to the cars next to you. If a pedestrian or someone's pet darts out in front of your car, the situation can become even worse. It can put you in a position where saving someone else's life probably means being involved in a rear end collision, meaning you have no safe options.

Danger 3: Tickets

Wolf packs tend to involve not only several vehicles travelling in close proximity to one another; the vehicles are usually speeding, as well. Speeding tickets can be expensive and travelling in a pack of speeding vehicles is no protection against being pulled over. People sometimes have a false sense of invincibility when they have a car in front of them and behind them that are both speeding. This doesn't prevent you from being pulled over and issued a speeding ticket; don't fool yourself.

People who drive irresponsibly can sometimes cause accidents through their own negligence. If you've been injured by a driver who was negligent, contact an auto accident attorney. A DFW car wreck lawyer will be able to help you deal with any case involving negligence that caused you to come to harm. In some cases, drivers that speed, drive too close to other vehicles and drive in other dangerous ways end up killing someone. A car accident lawyer can help you sue for wrongful death and catastrophic injury, as well.

After Texas Medical Malpractice Tort Reform, Patient Complaints Rise

blog@www.jrlawfirm.com (Blog Author)73099 — Fri, 20 Jan 2012 08:00:00 EST

The University of Texas Health Science Center at San Antonio has released new information regarding the effects of medical malpractice tort reform on patients, hospitals, doctors, and the legal system. According to the findings of Dr. Ronald Stewart, medical malpractice settlements have gone down in the wake of Texas medical malpractice tort reform, while patient complaints about medical errors have gone up significantly.

The findings were based on Texas Medical Board data collected for seven years before the med mal reforms were instated and for six years after the fact:

The number of doctors asked to surrender their license or to have their license revoked rose slightly, from 0.5 doctors per 1,000 to 0.8 doctors per 1,000.
The rate of physician complaints rose 13 percent after tort reforms, from 125 complaints per 1,000 to 140 complaints per 1,000 physicians.
The rate of doctor investigations involving medical mistakes rose from 38 investigations per 1,000 doctors to 52 investigations per 1,000 doctors.
The amount that doctors and hospitals paid to injury victims and their families through settlements and court awards fell significantly.
The number of doctors per capita in Texas grew significantly, from 170 to 195 doctors per 100,000 people.

What can we learn from these numbers? While medical malpractice reform has had some expected effects in Texas, medical mistake victims may not be receiving the amount of compensation that they deserve. In addition, the occurrence of medical errors has only gone up.

Have you or a loved one been harmed by a Texas medical mistake? Contact a Dallas medical malpractice attorney at the Rasansky Law Firm today for immediate legal help.

Study: When it Comes to Senior Deaths, Doctors Often Get the Cause Wrong

blog@www.jrlawfirm.com (Blog Author)73098 — Thu, 19 Jan 2012 08:00:00 EST

In 2008, a University of Colorado study asked an important question: to what extent do doctors struggle to correctly identify the cause of death in elderly patients? The results were shocking.

Dr. Marian Betz, a professor at the university, asked 225 different doctors to examine the body of an elderly man who had fallen, struck his head, suffered bleeding on the brain, and died. While half of the doctors recognized that the man had suffered a brain injury, two out of three did not list the fall accident and head injury as a cause of death.

Elderly death investigations come with bias and assumptions

Why did so few physicians correctly pinpoint the cause of death in the above study? Many experts believe that doctors simply have a tendency to assume that seniors die naturally and that it is just “their time to go.” Some, who lack proper training, will not take the care and time that they would spend on a younger person, while others may not recognize the signs of nursing home abuse and neglect such as dirty clothing, infected bedsores, or dehydration. Still others lack the time or energy to investigate a death that is not outwardly suspicious.

Dallas nursing home abuse attorneys

At the Rasansky Law Firm, we understand the prevalence of nursing home abuse and nursing home neglect death in Texas – even if many doctors, hospitals, and coroners miss the red flags. It is vital that if your elder loved one dies while residing in a nursing home, his or her true cause of death is investigated. Are you seeking compensation for the death of your elder loved at a Texas nursing home? Talk to one of our Dallas nursing home neglect attorneys today.

Four Ways Authorities Miss Texas Nursing Home Negligence Deaths

blog@www.jrlawfirm.com (Blog Author)73097 — Wed, 18 Jan 2012 08:00:00 EST

This month we examined the issue of how cases of fatal nursing home neglect and abuse are simply not often caught by doctors, hospitals, and authorities. Although we’d like to think that our elder loved ones are examined thoroughly and accurately by physicians after their death, new evidence found by recent investigations shows that hundreds if not thousands of nursing home deaths caused by accidents, abuse, and negligence are categorized as natural.

How and why do these mistakes happen? Here are four reasons:

Hospitals no longer regularly perform autopsies on seniors. In fact, in the last forty years, the rate of autopsies performed on people over 65 has plummeted from 37 percent to just 17 percent.
Physicians make far too many mistakes when it comes to stating the cause of death in seniors. In some cases, doctors may not even see the body of the senior before filling out a death certificate.
Coroners rarely investigate cases that a doctor has categorized as natural.
Both doctors and medical examiners often assume that seniors die of natural causes, especially if that senior has been living in a nursing home.

If your elder loved one has died while residing in a Texas nursing home, it is key that you understand the cause of death and the events that led up to the death. Was your senior loved one’s death the result of nursing home neglect or nursing home abuse? Talk to a Dallas nursing home neglect attorney today to discuss the specifics of your case.

Car accident lawyer in Dallas | Children Victims in Their Own Neighborhood

blog@www.jrlawfirm.com (Blog Author)73348 — Wed, 18 Jan 2012 08:00:00 EST

Children Victims in Their Own Neighborhood

In many cases, the worst auto accidents that children are involved in are those where the child isn’t in a car. Children who dart into the road, bike too far into the lane and endanger themselves in other ways are at serious risk. In some cases, however, a child gets hurt or killed because of a driver's negligence. These accidents often take place near where the child lives or goes to school. Here are some of the riskiest things that drivers do to endanger children's lives:

1: Neighborhood Speeders

Some people refuse to slow down, or even drive ridiculously fast, through neighborhoods. Unfortunately, these drivers sometimes end up killing people because of their negligence. These drivers tend to be inattentive and to overestimate their own driving abilities, which makes them particularly dangerous to everyone else on the road.

2: School Zone Speeders

Most school zones have a speed limit of 15 miles per hour when children are present. This is to give you ample time to stop if a child runs out in front of you. A car going 15 miles per hour can still easily kill a child. Some drivers refuse to slow down and they are very serious threats to children. Police oftentimes lay in wait around these stretches of roads looking for these particular dangerous drivers.

3: Backing Out of Driveways

Some drivers only glance behind them when they start backing up or don't turn their head enough to see fully behind their vehicle. It's hard to see small children when they're on sidewalks, in some cases, and such drivers sometimes cause injuries and death to children because of this type of negligence.

4: Not Looking

Certain areas are particularly dangerous as far as accidents between children and vehicles are concerned. These include parks and other recreations areas. Sometimes, drivers fail to look closely enough when they drive through these areas and end up hurting or killing someone.

If someone hurts or kills a child in your family because of their negligent driving, you sometimes have the option of filing a lawsuit against them. If it's successful, you may receive a settlement or a jury award. A car accident lawyer in Dallas can give you more information. A good DFW car wreck lawyer, in fact, is the best source of information if you're wondering about suing. While there are some common elements between many wrongful death suits against negligent drivers, each case is different and an attorney will need to review yours.

Defective Product Attorney | Products that Can Kill

blog@www.jrlawfirm.com (Blog Author)73353 — Wed, 18 Jan 2012 08:00:00 EST

Products that Can Kill

Before you become convinced that you should file a defective products lawsuit, you need to make certain that a few things about your situation are true. If you're considering suing over a loved one who you believe was killed by a product, you'll have to make certain of these things before you make the final decision to go ahead with the lawsuit. Fortunately, good defective products attorneys will be willing to meet with you for free consultations so that you can determine whether or not it's worth it for you to file a lawsuit.

Use Only as Directed

Some products are completely safe, or mostly safe, to use as directed but inherently dangerous otherwise. As an example, consider a chainsaw. Provided that you are wearing the proper safety equipment, that you have the proper training and that you're using the chainsaw in a way that is not creating an unnecessary level of risk, the product is as safe as it can possibly be. There may be some inherent danger in the product but, when used as directed, that level of risk is reduced as described by the manufacturer.

If you were using a chainsaw for something that it clearly should not be used for, such as cutting into metal or using a blade that you knew to be dull or unsafe, you would have created risk that was not inherent to the product itself. This could eliminate your chances of filing a successful lawsuit. Only an attorney could really tell you whether or not this was the case, but manufacturers are not responsible for people misusing their products.

May Be Dangerous

There are products out on the market that are inherently dangerous. For example, arguments about target shooting and other hobbies aside, handguns are manufactured with the principal purpose of defending one's life or property by shooting another human being. These products are inherently dangerous and need to be handled according to safety standards. Even when they are handled according to sensible standards, they are still dangerous and, as an adult, you are accepting responsibility for your own safety when you use one of these products. If somebody you love is killed because of mishandling a handgun, that's probably in not the fault of the manufacturer.

While you are ultimately responsible for your own actions, a defective product attorney may be able to represent you if you are the victim of an improperly manufactured, advertised or designed product. Product liability lawyers in Texas can sit down with you and determine whether or not you have a lawsuit on your hands.

New Texas Law Requires Extra Training for Daycare Workers

blog@www.jrlawfirm.com (Blog Author)73096 — Mon, 16 Jan 2012 08:00:00 EST

It’s the beginning of the year, which means new resolutions, new beginnings, and – perhaps most importantly – new laws going into effect. One of the 21 new laws that went into effect in Texas on January 1, 2012 may help curb incidents of Dallas daycare abuse and daycare neglect.

This week, Texas Senate Bill 265 officially went into effect. The law requires some daycare workers to undergo more extensive training before beginning their jobs, depending on the age range of the children they care for. In some cases, daycare workers that were previously required to have eight hours of training will now be required to have 25 hours of training.

In addition, the new Texas daycare law will require daycare centers to conduct more extensive background checks on new hires.

Many kid safety advocates are praising the new law, which they believe will keep children healthier and prevent Texas daycare abuse and neglect. However, some are concerned that the new state daycare regulations will raise the costs of daycare for parents.

What do you think of the new Texas daycare worker laws? Share your opinion in our comments section.

Texas daycare abuse attorneys: call today.

If your child has been abused or neglected at a Texas daycare facility, it is important to know who was at fault for his or her injuries. It is possible that the daycare center did not properly vet the worker or that the worker was not properly trained. To find out more about your case, call the Rasansky Law Firm toll free at 877.405.4313.

Preschool Abuse Lawyer | Preschool Abuse Cases and How They Unfold

blog@www.jrlawfirm.com (Blog Author)72894 — Wed, 11 Jan 2012 08:00:00 EST

Preschool Abuse Cases and How They Unfold

Preschool abuse cases can be devastating for families. Most of the time, when people hear about preschool abuse, they assume that sexual abuse is being discussed. This is not always the case. There are plenty of instances where psychological abuse is the main issue and where the preschool facility was negligent in not helping the children to get relief from their abusers or in stopping the abuse altogether. Finding a good abuse lawyer is imperative if you want to recover damages for what your child as suffered.

1: Abuse Discovered

This is one of the most vital stages of the abuse case. There are plenty of instances where someone suspects that something untoward may be going on at the facility but where they fail to do anything about it. Nobody wants to accuse someone of being a child abuser and, sometimes, that means that the abuser gets away with their crimes for a longer period of time. When the abuse is discovered, however, the next stage involves stopping it.

2: Law Enforcement

Law enforcement may address the abuse in several different ways. If they haven't any substantial evidence, they may need to get some together before they can take any action. If there is evidence already, they may arrest the abuser or at least put them on notice that they're a suspect. As law enforcement continues to work, the case will progress toward the abuser being put in jail, if everything goes right.

3: Court

Criminal charges may be brought against one or more people. These cases may go on for a while before someone is convicted. After the criminal cases, the civil cases usually start up. These are the cases where someone hires a preschool abuse lawyer to represent them and to help them sue the preschool responsible for letting the abuse go on.

Those families that have filed lawsuits cannot be guaranteed to win, but having a good lawyer certainly helps. If you're in a situation where your child was the victim of abuse, you may want to contact a lawyer to see if you have a chance of filing a successful lawsuit. The initial consultation is usually free, so there's no risk in going in and meeting with the lawyer to see if they think that they can help you. If they cannot, they'll simply tell you as much and you'll be able to go on from there.

DFW Car Wreck Lawyer | How Distracted Drivers Take Lives

blog@www.jrlawfirm.com (Blog Author)72831 — Tue, 10 Jan 2012 08:00:00 EST

How Distracted Drivers Take Lives

It's known to science that, despite our beliefs to the contrary, the human brain can really do only one thing well at a time. Today's world, however, is one where multi-tasking is expected of most everyone. When you're behind the wheel, it's the worst possible time to be multitasking. People do it every day, however, and they sometimes end up taking lives. Here are a few ways that distracted drivers end up hurting, and sometimes killing, their victims.

1: Swerving, Lane Straddling

Distracted drivers are notorious for swerving across lanes. They may end up heading down the wrong lane entirely or swerving out of their own lane into others alongside them. When you see a car doing this ahead of you, make sure you stay out of the way. Your horn is also there for a reason and someone drifting into your lane is a perfect reason to hit it.

2: Stop and Go for No Reason

Sometimes, distracted drivers will behave a lot like drunk drivers. This can involve stopping in the middle of a lane, jamming on the brakes before a turn and other erratic behavior. Unfortunately, there's no way to predict what these drivers are going to do, so you need to be wary of them if you see this kind of behavior. Keep your distance and let them get by you or off of the road altogether.

3: Merging

Your mirrors are there to give you additional information about whether or not cars are alongside or behind you. They cannot, unfortunately, tell you whether it's safe to enter a lane. A lot of people who merge onto Interstates pay no attention to the other people in the lane they're entering. These people can create huge pile ups and, in some cases, they end up killing other drivers. Be particularly aware of them when you're on the road. They can be serious threats and are sometimes hard to see coming before it's too late.

A DFW car wreck lawyer can help you if a distracted driver has caused you to lose someone in your family. While it's not the primary type of suffering that such a death causes, a wrongful death most certainly can result in significant financial hardship for a family. Contact an accident attorney if you've lost someone in a car wreck because of another driver's negligence or because they just weren't paying attention to the road.

DFW Car Wreck Lawyer | Pedestrians, Vehicles and Wrongful Death Lawsuits

blog@www.jrlawfirm.com (Blog Author)72754 — Mon, 09 Jan 2012 08:00:00 EST

Pedestrians, Vehicles and Wrongful Death Lawsuits

Pedestrians have a lot to fear from negligent drivers. The mass and speed of motor vehicles makes them instantly deadly to pedestrians, in some cases. In others, people end up suffering catastrophic injures because of having been hit by a vehicle. Sometimes, it's possible to sue drivers who take the lives of others through their own negligence.

What is Negligence?

When you're on the road, you have certain expectations placed upon you. These include very basic things. People expect, for instance, that you'll slow down if you see them brake in front of you so that you preserve both their safety and your own. A driver is expected, as another example, to obey traffic lights, signs and school zones. A driver is also expected to avoid certain actions. These would include not stopping suddenly, without signaling and without giving the person behind you adequate time to react. These expectations keep everyone on the road safe.

When drivers fail to live up to these reasonable expectations, they can sometimes be sued successfully for negligence. If a lawsuit is successful, you'll get all or part of an award you're seeking from a jury or from a settlement. A jury can also turn down your claim and the other party isn't required to offer you a settlement if they don't want to.

When drivers hit pedestrians, someone usually ends up getting severely injured or killed. Losses of that kind cannot be made up for, of course, but the money that the families sometimes receive in settlements and jury awards are enough to help them recover from the financial hardships brought on by loss.

Your attorney will have to discuss with you how best to proceed with your wrongful death lawsuit. There's no guarantee that you'll win and, before you have spoken with an attorney, there's no guarantee that any attorney would be interested in arguing your claim. The only way to find out, however, is to speak with an attorney.

A DFW car wreck lawyer may take cases from pedestrians who were struck by vehicles. If you lost a family member because a driver was negligent, you should also speak with a car accident lawyer in Dallas. They may be able to help you by putting together a lawsuit and seeking compensation for what your family was put through due to the negligence of another driver. Contingency agreements are sometimes available and prevent you from having to pay upfront fees.

What to Expect in the Discovery Phase of Your Trial

blog@www.jrlawfirm.com (Blog Author)72639 — Fri, 06 Jan 2012 08:00:00 EST

Many of our clients are naturally curious about legal proceedings in their case. Our friends at Console & Hollawell have put together this fantastic primer on one phase of civil litigation - the Discovery Phase.

When involved in civil legal actions, such as a personal injury case, if a fair offer cannot be reached during initial negotiations with the insurance company, your claim will then move into what is known as litigation with the filing of a complaint. During litigation, both parties have the right to gather information about the case. This is known as discovery. This phase can be a long and frustrating process.

For example, say you were involved in an auto accident and are seeking compensation for a back injury. In discovery the defense attorney may bring up medical records or statements that you had once seen a chiropractor for an unrelated back injury years ago. They will use this information to try and disprove your claim by saying the back injury was preexisting, and the accident merely exacerbated this old injury.

It may seem ridiculous to you that they would use something completely unrelated to the accident, but it is their job to dig up anything they can find and use it against you. They will use any means necessary to disprove your claim including old, unrelated medical records and now even what you post on your personal social network sites.

What information is required to be exchanged?

In the discovery phase both sides will have to provide the names of any witnesses, photographs, any records of the incident (police and incident reports, complaints, etc.), expert reports, and medical records. This process can become very drawn out because there are instances where the defense attorney will try to delay, as long as possible, handing over information.

When the requests for information are made there are three outcomes: they respond with the information, ask for more time to collect the information, or refuse to respond because they think the information is inappropriate or unrelated

If you have been injured in an accident you need a skilled New Jersey injury lawyer by your side guiding you through the legal process. It is important that you have an experienced attorney who will fight to protect your rights, and discredit the defense attorney's tactics and tricks designed to limit your compensation.

Watch this YouTube video of an exaggerated, yet amusingly accurate portrayal of a deposition for a personal injury case.

Hotel Worker Falls Down Elevator Shaft

swade@jrlawfirm.com (Blog Author)72426 — Tue, 03 Jan 2012 08:00:00 EST

A 65-year-old grandmother, Gloria Rodriguez, fell to her death down an elevator shaft at the hotel where she worked as a housekeeper, leaving family members asking questions about the historic San Antonio Hotel Crockett’s elevators.

At first there were no clear explanations. There are theories floating around about what happened - but the dominant one is that the elevator car became stuck while travelling to the floor Gloria was on. Even though the car never arrived, the doors opened. As many housekeepers do, Gloria would have backed into the elevator pulling her cart - with every reasonable expectation that the car was there. In this instance, it was not.

How does an accident like this occur? The hotel had their elevators inspected annually so what happened?

A 2008 inspection of the elevator showed that a key safety feature was missing from the elevator called a “door restrictor.” It prevents the elevator doors from opening when the elevator is stuck between floors. It keeps people from falling down the elevator shaft or from being injured if the elevator starts moving as an occupant tries to climb out.

Now the hotel manager, William Brendel, admits that he’s not sure if the safety restrictor was installed even though he wrote a letter to the state claiming he was going to install one in 2009.

The chief inspector for the Texas Department of Licensing and Regulation and inspectors from the Occupational Safety and Health Administration (OSHA) are still looking into the incident, but so far it’s looking that hotel manger’s forgetfulness may have caused a long-time employee and laughter-filled grandmother’s death. Other employees had been stuck in the elevator before, but no one had taken action.

Hopefully, the family will get the answers there looking for and the hotel or other responsible parties will be held accountable for this avoidable disaster by OSHA or liability attorneys.

Employer’s like Brendel are supposed to take the safety of their workers and customers seriously. Safety is not something that should be put off or forgotten about. If safety obligations are not being met, be the person who speaks up and has officials investigating before someone gets seriously injured or killed.

Texas Birth Injury Attorney | Talking to a Lawyer About Cerebral Palsy

blog@www.jrlawfirm.com (Blog Author)72289 — Fri, 30 Dec 2011 08:00:00 EST

Talking to a Lawyer About Cerebral Palsy

If your child is diagnosed with cerebral palsy, you may want to speak with an attorney for birth injury claims. Birth mistakes sometimes result in the brain injuries that cause cerebral palsy. When this is the case, parents have the option of speaking with an attorney and seeing if it's possible to file a lawsuit for medical negligence against the doctor or the healthcare provider that presided over the birth.

What is Negligence?

Lawsuits are filed over what is called negligence. Negligence means that through wrong action or inaction the doctor caused your child to come to harm. Saying that your Doctor was negligent isn't saying that they're incompetent. You're not trying to impugn their whole career. What you're trying to do is to establish to a jury that, in the instance where your child was involved, the doctor did not come through in their duties to you or your child and that your child and your family have suffered as a result of that negligence.

Why Does this Law Exist?

Citizens have the right to sue for negligence because, in part, one of the primary types of suffering they endure is oftentimes financial. For example, if your child is diagnosed with cerebral palsy, you can be absolutely certain that you are going to face higher medical bills than the most families with children have to deal with. If medical negligence was the principal cause of your child having cerebral palsy, then it makes no sense that the doctor or the healthcare facility – or both – should get off without having to pay for the damage they caused. This is the among reasons that people are allowed to sue for negligence.

Is it Expensive?

Your attorney will discuss your fees with you when you consult with them and, assuming that they accept your claim, they'll give you a breakdown of everything that you're likely to face in terms of lawyer costs. One thing you don't have to worry about is paying for your attorney or their services if you happen to lose your claim. Most of the lawyers that work on birth injury claims work under an agreement called contingency. Contingency means that they only get paid if they actually win your claim and, if they don't, they don't get paid anything. This allows people to seek compensation for their pain and suffering, their medical expenses and the other hardships that they've suffered due to the negligence of the doctor or healthcare facility.

Fort Worth Car Accident Attorney | Negligent Drivers and Wrongful Death Accidents

blog@www.jrlawfirm.com (Blog Author)72313 — Fri, 30 Dec 2011 08:00:00 EST

Negligent Drivers and Wrongful Death Accidents

Most people probably remember a pretty serious lecture from their parents when they first got their drivers licenses. These lectures usually include phrases such as "driving is a privilege not a right" and other statements designed to reinforce the fact that driving comes with a lot of responsibility. When you're on the road, you do have a reasonable expectation that the drivers around you, provided they have licenses, will exercise a certain amount of care for the other drivers on the road so that everybody is as safe as possible. Unfortunately, this isn't how things turn out all the time.

Negligence

Negligence on the part of another driver can sometimes cause the worst of all possible outcomes for the other people on the road. Negligent drivers are oftentimes named in wrongful death lawsuits. These lawsuits stem from the fact that, in the accidents over which they are filed, someone behaves in a way that the plaintiff and the attorney believes was negligent. Negligence on the part of another driver is cause to sue and, quite often, it results in a jury award for the party that does file a lawsuit.

Is it Incompetence?

Understanding how people when these lawsuits require that you understand the fact that saying somebody is negligent is not the same as saying that they are incompetent. Saying that they are incompetent would require you to establish that they have, in every instance, a marked lack of the skills necessary to perform the task in question. Negligence just means that they didn't exercise the precautions that they could've been expected to exercise or that any other reasonable driver could've been expected to exercise.

When someone doesn't live up to the reasonable expectation that we all have of other licensed drivers on the road, and when somebody else ends up getting killed because of it, filing a wrongful death lawsuit becomes an option. These lawsuits aren't filed to punish the other driver. They're filed to help the victims family deal with the tremendous financial burden forced upon them by the loss of a family member.

A Fort Worth car accident attorney can help you file a lawsuit against the negligent driver that cost you the life of a loved one. A Texas truck accident attorney will be able to help you if you happen to have been the victim of the negligent driver who was behind the wheel of a semi.

Texas Truck Accident Attorney | Semi Trucks and Wrongful Death Claims

blog@www.jrlawfirm.com (Blog Author)72262 — Thu, 29 Dec 2011 08:00:00 EST

Semi Trucks and Wrongful Death Claims

Semi trucks are among the most dangerous vehicles on the road. Of everything out there that threatens your life when you're on the highway, semi trucks are among the most significant threats. In cases where a trucking company ends up being the reason behind the untimely death of another driver, filing a lawsuit is an option. Here are some reasons that people pursue these lawsuits.

1: Lost Wages

When the loved one who is killed is a primary breadwinner, the family left behind can find themselves in serious trouble. The financial burden thrust upon them by the loss of a loved one can be significant. If the deceased was the only breadwinner in the home, the situation can be even worse.

2: Medical Bills

When someone is lucky enough to survive a wreck with a semi, they usually have very high medical bills, nonetheless. Combined with the fact that such people are sometimes facing very high expenses because of the loss of a loved one, the additional bills may be too much to handle. Rather than being plunged into poverty due to no fault of their own, the families of the deceased sometimes choose to file a lawsuit.

3: Pain and Suffering

Pain and suffering are legitimate reasons to sue. In fact, they constitute a large part of the total award being sought, in many cases. Calculating how much pain and suffering costs in dollars is difficult, but your attorney can help you arrive at a figure. When families lose someone because of a negligent trucking company, there is certainly plenty of justification for them to sue for pain and suffering. An attorney can make sure that the figure you choose is realistic and that your case has a good chance of winning overall.

Even in cases where a driver or a trucking company was obviously negligent, there is no way to ensure that a lawsuit over a wrongful death will prevail in court. Choosing the right vehicle car accident attorney in Dallas can increase your chances. You'll need to talk with a Texas truck accident attorney first so that they can determine whether filing a lawsuit is even an option for you. If it is, they may agree to take your case on contingency. This means that you don't have to pay them unless you win and, therefore, that you don’t have to pay upfront to get your case started.

Dallas Police: We Believe Hairdresser Was Drunk, Crashed Car

blog@www.jrlawfirm.com (Blog Author)72138 — Wed, 28 Dec 2011 08:00:00 EST

A month after a Dallas woman’s body was found in a burnt-out car in a mall parking lot, Texas authorities have reported that they believe the hairdresser’s death was the result of an alcohol-related car accident, not a murder.

On November 4, the charred body of 22-year-old Elizabeth Lightfoot was discovered behind a strip mall near Preston Road. Her family, grief-stricken and confused, begged for answers as many wondered what had happened to the young woman and whether foul play could have been involved.

This week, however, the Dallas County Medical Examiner's office released their report that categorized the woman’s death as an accident, not a homicide. An autopsy on the body and an investigation revealed that Lightfoot had a blood alcohol level of 0.32 on the night of the car fire – more than four times the legal limit for getting behind the wheel. Dallas authorities now believe that the woman was driving under the influence of alcohol when the car crashed into the parking lot and burst into flames.

Her family is not yet convinced that the whole story has been told.

Texas car accidents in which there are no survivors and no witnesses can be the most difficult to understand. If you or a loved one has been harmed in a Texas car crash, it is vital that you understand exactly what took place and whether you may deserve compensation for the wreck. Contact the Dallas personal injury attorneys at Rasansky Law Firm today to learn more about your case and your options for legal action.

"Santa" Saves Man From Burning Vehicle after Dallas Car Accident

blog@www.jrlawfirm.com (Blog Author)72139 — Wed, 28 Dec 2011 08:00:00 EST

In one Dallas suburb, Santa does a lot more than make lists and deliver presents. After a traffic accident in Coppell, Texas, Santa Claus himself was credited with helping the injury victims and even directing traffic – all during a present run for needy families.

According to national news sources, 52-year-old Brad Luddeke was driving in the Dallas area town dressed in a Santa outfit because he had just delivered a carload of toys donated by his manufacturing firm. When a car accident took place within site, he jumped into action, forgetting that he was dressed as Saint Nick.

He helped both car accident victims out of the vehicles – and pulled the first man away from his burning car after he returned to collect Christmas gifts inside. Moments later, the vehicle exploded. As if that wasn’t enough assistance, Santa stuck around to direct traffic around the Coppell crash until emergency responders arrived to take over.

Although Brad says that anyone would have done the same as he did – in Santa persona or not – his friends and family are not surprised that Brad was sidetracked from a charitable act by another charitable act. That’s just the way he is, they said.

Not all accident victims get a visit from Santa after a Texas wreck. If you need a helping hand in the wake of a Dallas car accident and injury, the Texas traffic accident attorneys at Rasansky Law Office can help you with your legal needs. Give us a call today to schedule a free, private appointment.

Fewer Autopsies May Mean Fewer Discovered Doctor Errors

blog@www.jrlawfirm.com (Blog Author)72141 — Wed, 28 Dec 2011 08:00:00 EST

After a loved one passes away in a hospital, will an autopsy take place to determine the exact cause of death of the patient? Although hospitals in the 1960s would perform autopsies on about half of deceased patients, today, only about five percent of bodies are examined to determine the real cause of death. Surprisingly, even many patients who die suddenly or of unclear causes never see the post-mortem examination table.

Why are rates so low? In many cases the financial incentives for hospitals to skip autopsies are too good to pass by. Hospitals no longer have to conduct autopsies to remain in good standing, and since getting paid by insurers to conduct autopsies isn’t profitable, many medical companies avoid them. Some hospitals are now being built without a place to conduct autopsies at all.

What are the consequences of fewer and fewer autopsies in America’s hospitals? Many experts worry that many patients’ deaths will be attributed to the wrong cause and that we will not learn important lessons from people who lost their lives. In addition, many believe that thousands of medical errors, such as medication overdoses and botched surgeries, will fly under the radar. One eye-opening study found that a surprising cause of death was uncovered in ten percent of autopsies.

At Rasansky Law Firm, we cannot stress enough how important it is for the family of a deceased loved one to understand exactly how their family member died and whether it could have been prevented. If you believe your loved one may have lost their life to a medical error, speak with a Texas medical malpractice attorney today.

Texas Study: Electronic Health Records Could Cause Malpractice Suits

blog@www.jrlawfirm.com (Blog Author)72142 — Wed, 28 Dec 2011 08:00:00 EST

A new Texas report has many patients and many in the health industry thinking differently about the impact of electronic health records.

The AC Group, a Texas health information technology research and consulting firm, recently released a paper showing that though electronic health records may save lives by preventing medical errors from taking place in the long run, they may lead to more medical errors in the short term.

How could this be? The researchers explained that the pressure for hospitals to switch over to electronic health records means that some hospitals are adopting technology that is far from perfect. As many as 90 percent of the ambulatory EHRs they examined for the report did not provide drug lab alerts, while others did not warn health professionals about dangerous drug interactions or correct recommended treatments. In addition, the health records are not able to take family history into account.

What does this mean for doctors and hospitals? The researchers urge the federal government to rethink incentive that would pressure hospitals to use electronic health records as soon as possible.

Do you believe that you or a loved one was harmed in a hospital – either due to a doctor error or a mistake involving an electronic health record? Speak to a Dallas medical malpractice attorney at Ransansky Law Firm today to discuss your case during a complimentary, no-obligation consultation.

Dallas Jury Awards $7.2 Million to Bus Accident Injury Victim

blog@www.jrlawfirm.com (Blog Author)72144 — Wed, 28 Dec 2011 08:00:00 EST

An injury victim has been awarded $7.2 million in damages following a Texas personal injury trial involving Greyhound.

Four years ago, Ashley Reedy was traveling on a Greyhound bus when it crashed in Wheeler County on Interstate 40. At the time of the bus accident, the driver was attempting to slow down for another accident on the road. However, an investigation into the crash found that the bus driver was talking on his cell phone at the time of the accident and did not maneuver the bus in an appropriate manner in the seconds before the crash. The Texas car accident attorneys also found that the bus driver had been cited for speeding three separate times shortly before being hired by the national passenger bus company.

Reedy suffered from head injuries, back injuries, and neck injuries when the bus drove off of the road and rolled over. She was awarded $2.2 million in damages and $4.8 million in punitive damages by a Dallas jury. Her attorneys stated that the money will not only allow Reedy to have a badly-needed lower back surgery, but it will also send a clear message to bus companies about the consequences of hiring irresponsible drivers.

Have you or a loved one been injured in a passenger bus accident that involved the gross negligence of a bus driver or a bus company? Speak to the Dallas bus accident attorneys at Rasansky Law Firm to find out more about your case. Call today to schedule a free, private meeting with an experienced lawyer.

Fort Worth Nursing Home Abuse Lawyer | Getting Out of Abusive Nursing Homes

blog@www.jrlawfirm.com (Blog Author)72178 — Wed, 28 Dec 2011 08:00:00 EST

Getting Out of Abusive Nursing Homes

There are factors that can conspire to keep someone in an abusive situation for far too long. Elderly people, when they're in nursing homes, are particularly vulnerable to these factors. Understanding some of the following might help you to recognize the signs of abuse.

Some Abusive Caregivers Lie About Patient Mental States

Always remember this. There is an easy way out of most bad situations for most abusers who are close to being caught. They can just claim that the elder who is claiming to be abused has lost their mental clarity and that they're fabricating the story altogether. If the abuser hasn't been physical in their abuse—or if they have disguised it cleverly enough—it may be hard to prove them wrong. Some people with dementia and other mental disorders related to aging to, indeed, have delusions of being persecuted. Never take the word of a nursing home that someone has dementia: ask a qualified doctor to make that determination.

Sometimes the Costs are Enormous

One of the worst situations imaginable is one where you have a loved one that you cannot provide care for, and you are only able to afford a nursing home that is abusive. The bargain becomes whether to let them suffer from not having professional medical care or letting them suffer at the hands of a staff that you suspect is abusive. Moving them to another nursing home can be very expensive, due to their condition. This can creates a situation where people have to put up with a nursing home that is unfit.

Why You Need to Act

Most eldery people who suffer abuse at nursing homes lack the ability to stand up for themselves. If you are certain that a loved one is being abused, then you have an obligation to act on their behalf. If you don't, the consequences could be dire for them.

If you've had to move someone because of negligence on the part of a nursing home, contact a nursing home abuse attorney. Nursing home abuse neglect cases are sometimes made worse by the fact that the victims never really had the money to deal with what was thrust upon them. Suing for nursing home mistreatment can sometimes net awards or settlements that may help you recover from at least the financial damage that you sustained due to the abuse.

Texas Study Sheds Light on What Makes Intersections Dangerous

blog@www.jrlawfirm.com (Blog Author)72143 — Wed, 28 Dec 2011 08:00:00 EST

A new traffic accident study conducted by the University of Texas at Austin has produced a significant amount of new information regarding what makes some intersections safer and what makes others the scene of frequent Texas car accidents.

The report, which used Texas car crash data provided by the Texas Department of Transportation, revealed that a shocking 40 percent of car accidents take place at intersections. The researchers also found that intersections that feature blinking lights are more dangerous than those that only have a stop sign. In addition, the study found that improving the accident rate at one intersection can also reduce accidents along other parts of the same road – a totally new finding.

Not surprisingly, signaled intersections had the least number of crashes. Frontage road intersections had the highest number of crashes, possibly because of confusing road layouts or because cars are not slowing down enough after exiting freeways.

The findings of the study will be presented by researchers at the National Transportation Research Board Meeting.

Have you or a loved one been harmed in a traffic accident at a dangerous Texas intersection? Be sure that you understand why the crash occurred and whether it should have been prevented – either by another driver or by the city, county, or state. Learn more about your accident and your legal options by calling the Dallas personal injury attorneys at the Ransansky Law Firm.

Dallas Malpractice Lawyer | Doctors and Wrongful Death Lawsuits

blog@www.jrlawfirm.com (Blog Author)72076 — Tue, 27 Dec 2011 08:00:00 EST

Doctors and Wrongful Death Lawsuits

Sometimes, medical malpractice ends up costing families a lot of money. In other situations, the cost is much higher. People sometimes lose their lives because of a negligent doctor and, when they do, suing for malpractice is sometimes the best option for those who are left behind. There are many different ways that these cases unfold and some of them start with rather innocuous mistakes on the part of an attending physician or a healthcare facility.

Failure to Diagnose

Did you know that over 40% of the medical malpractice cases brought to court every year allege a negligent failure to diagnose? There are many different ways that this can end up taking someone's life. For instance:

Cancer may be missed until it's too late
A wrong treatment may be ordered for a misdiagnosed condition
A drug may be prescribed that wouldn't have, if the condition were diagnosed accurately

There are many ways that doctors can endanger their patients by failing to diagnose their illnesses accurately. When they do, the odds of those patients being made to suffer more are much higher and the risk of death is increased manifold, in some cases.

Wrong Treatments

Sometimes, doctors will order treatments when they should have known that they'd endanger the life of their patient. For example, patients are sometimes given antibiotics to which they have deadly allergies or other drugs to which they react in a dangerous way. Some individuals should never be prescribed certain drugs because of existing health or mental conditions but are prescribe those drugs, nonetheless, causing issues that could and should have been avoided and, sometimes, causing needless deaths.

There are other ways that doctors can end up causing wrongful deaths. In some cases, there may have been nothing that they could have done to spare the life of a patient but, too often, doctors get away with the sort of negligent practices that cost lives. Attorneys are there to make sure that doctors take responsibility for their mistakes.

Malpractice lawyers will usually be willing to sit down with you for free to help you determine whether or not you have a case. If you do, they may want to represent you in court so that you can seek compensation for your injuries, your pain and suffering or the death of a loved one. Lawyers for medical malpractice will sometimes work on contingency, as well, so you don't have to pay them legal fees upfront.

Texas Nursing Home Abuse Lawyer | How Bad Does Nursing Home Neglect Get?

blog@www.jrlawfirm.com (Blog Author)72092 — Tue, 27 Dec 2011 08:00:00 EST

How Bad Does Nursing Home Neglect Get?

If you read about abuse in nursing homes, you'll find out very quickly that some of the worst cases of abuse aren't discovered for a long time. It's not uncommon to find that people have endured a horrible level of neglect for a considerable amount of time at the hands of a negligent nursing home. Here are some ways that this is perpetrated and that you should watch out for:

Intimidation

The patients in a nursing home environment are sometimes totally or almost totally dependent upon the staff for care. This puts the staff in a position of power. In cases of abuse, this creates a situation where the abused can feel too threatened to reach out to someone.

Overmedication

Medication can be used to keep someone quiet. In some cases, nurses and doctors have to be able to essentially force someone to take their medicines if they're not fully capable of making their own decisions. This authority, like any authority, can be abused by people with a sick, sadistic or callous mentality. Antipsychotic drugs and tranquillizers are very convenient ways to keep someone from being a problem.

Withering Away

Some people are left to lie in bed or sit in chairs all day without any significant amount of attention. They may sit in their own urine and feces, may have bedsores that never heal and that get infected or suffer from other ailments related to being dirty and not moving around enough. A lawyer can oftentimes establish that this is negligence and, in some instances, nursing homes that commit this or the other types of negligence listed will end up having to pay large awards or settlements.

If you believe that abuse in nursing home facilities—in any form—has been visited upon someone you love or upon you, contacting a lawyer for nursing home abuse may be your best option. They'll sit down with you, discuss the facts of your case and try to determine whether it was likely that there was some negligent disregard for the well-being of your loved one or for you by the nursing home staff. Remember that this type of abuse happens far more than people think. No matter what happened to you or your loved one, you're not alone.

Dallas Auto Accident Attorney | Watching for Winter Pedestrians

blog@www.jrlawfirm.com (Blog Author)71967 — Thu, 22 Dec 2011 08:00:00 EST

Watching for Winter Pedestrians

If you're out on the road, you have to be constantly aware of the fact that pedestrians have the right of way. During the winter months, pedestrians can be much harder to see. Even though this may be the case, the obligation is still on drivers to keep an eye out for pedestrians during the long nights that characterize the winter and to make certain that those pedestrians are as safe as possible on the roads.

If you're driving in an area where there are a lot of pedestrians out and about, here are some ways that you can help to keep them safe:

Slow down
Use your peripheral vision
Be particularly cautious near stores and shopping areas
Give yourself extra braking distance

When pedestrians are out and about during the holiday season, many of them won't be paying attention to anything except for the items they're trying to find and may not be as aware of their surroundings as they should be. This makes them particularly prone to getting into situations where they're likely to get hit by a vehicle. If you find yourself in a crowded shopping area, be certain that you slow your car down a lot. Pedestrians tend to forget about using crosswalks when they're pressed for time and when they want to get home after a long day of holiday shopping.

During the holidays themselves, be doubly certain to be on the lookout for pedestrians. This is particularly important during the New Year's holiday. On New Year's Eve, people tend to go out and have a good time and, because of that, they may be more impaired then usual. Watch out for pedestrians coming out in front of you and for pedestrians who aren't paying attention to crosswalk lights and other safety features.

If you happen to be a pedestrian, keep an eye out for drivers who are in a rush and not paying attention to their surroundings. You'll find this often during the holidays. It's particularly dangerous in parking lots, where people are oftentimes frustrated after hunting for a spot for a long time.

No matter how frustrated a driver may be, they can be held accountable when they cause an injury or a wrongful death. Contact an auto accident lawyer in Dallas if you've been injured by a driver who failed to yield the right-of-way when you were a pedestrian or if someone you love was killed because a driver was negligent. A car wreck lawyer may be able to help you prepare a successful lawsuit.

Dallas Daycare Abuse Lawyer | Working with an Attorney on a Daycare Abuse Claim

blog@www.jrlawfirm.com (Blog Author)71796 — Wed, 21 Dec 2011 08:00:00 EST

Working with an Attorney on a Daycare Abuse Claim

If daycare child abuse is discovered, filing a lawsuit will usually be something that parents will only think of after the criminal proceedings have concluded. It's almost certain that any instance of abuse in daycare is going to result in criminal charges of some type. It's perfectly natural to take some satisfaction in the fact that the people who committed the abuse against the children at the facility will be held accountable by the law. Unfortunately, it doesn't really help the family at all in terms of recovering. This is what lawsuits are for.

What Can I Sue For?

The first thing you need to understand about a daycare abuse lawsuit is that you will generally be suing on behalf of your child. You may be suing for your own pain and suffering and other expenses, as well, but these lawsuits are all about providing for the children who are the actual victims of the daycare abuse.

Children who were in an abusive situation will generally need some type of counseling to get over the aftermath of it. It doesn't matter whether the abuse was sexual, physical or psychological. All of it has an impact and, to make certain that the child has a healthy outlook on life and that they have a good self-esteem, having them go to a qualified counselor is a good idea. This is not cheap and parents shouldn't have to pay for it themselves when the whole reason behind it was a negligent daycare facility.

You can also sue for pain and suffering. Of course, this isn't an expense that you can break down to a price tag readily. Your attorney will help you to determine a realistic amount to go after the facility for as far as pain and suffering is concerned. They'll look at other cases and see how much juries have awarded in similar situations to your own to determine how much you should sue for in regards to this part of the lawsuit.

If your child incurred medical expenses that were the direct result of them being abused at the daycare facility, you can most certainly sue over those, as well. In fact, this is one of the easiest parts of the lawsuit to put together. It's important to make certain that you have your doctor document any signs of abuse you find on your child so that you have something to stand on when you do go to court.

Dallas Auto Accident Lawyer | Roadside Assistance for Car Wrecks

blog@www.jrlawfirm.com (Blog Author)71724 — Tue, 20 Dec 2011 08:00:00 EST

Roadside Assistance for Car Wrecks

Everyone is going to end up in some sort of a bad situation related to driving, eventually. The best way to deal with that situation, provided you still have the luxury, is to be prepared for it in advance. If you have trouble with your vehicle while you're out on the highway or if you're involved in a wreck, you'll be grateful if you've taken the time to have prepared for it a forehand. Here are some ways that you can make certain that you are prepared for a car wreck or a mechanical mishap.

1: AAA

AAA is one of the oldest motorist associations in the world. There are nonprofit organizations that provide members with numerous different benefits. Depending upon the type of coverage you have, their services cover you, rather than the vehicle you're driving, which differentiates them a bit for most insurance policy roadside assistance offerings. For example, if you have the right package, AAA will dispatch a tow truck to take care of the vehicle that you're riding in, even if you don't own it. This is one of the better options for motorists who spend a lot of time on the highways and who want to make certain that they have the ability to call for help if the situation gets bad.

2: Insurance Add-ons

Some insurance policies have additional coverages that deal with things such as tow truck expenses, locksmith fees and other expenses related to breaking down or having mishaps on the highways. You may want to consider getting these added to your policy. If you're involved in an accident or if something goes wrong with your car mechanically, this coverage can make sure that you can call a tow truck and get your vehicle removed from the road right away.

3: Survival Kit

Make certain that you have basic supplies in your vehicle at all times. These should include a combination of mechanical first aid supplies and human first aid supplies. Having a bit of food and water handy is also a good idea, particularly in the summers in Texas where the temperatures can get extremely hot and pose a threat to anybody stranded alongside the highways waiting for tow truck to show up or waiting for a friend to come get them.

An auto accident lawyer in Dallas can help you if somebody's negligence has left you stranded at the side of the road with a destroyed vehicle. Call a car accident lawyer if you're interested in speaking with an attorney about suing somebody for negligence.

DFW Nusring Home Attorney | Battles Still Rage over Nursing Home Abuse

blog@www.jrlawfirm.com (Blog Author)71258 — Wed, 14 Dec 2011 08:00:00 EST

Battles Still Rage over Nursing Home Abuse

In West Virginia, a battle over a nursing home abuse award is still raging. The award was granted to the plaintiffs after they established that their loved one had died as a result of abuse at the nursing home. The award was astounding: $11.5 million in compensation and $80 million in punitive damages. These figures are certainly way above the norm for these types of cases, but some are trying to paint this as something that shows why damages need to be capped.

To Cap or Not?

Capping the maximum award in a civil lawsuit is something some politicians argue for very passionately. Their arguments usually hinge on the idea that companies having to buy insurance to protect against such large lawsuits is why the costs of services such as healthcare are so high. There are some holes in this argument:

The average settlements and awards are not nearly as much as the figures usually quoted
The victims of this abuse sometimes have no other recourse
The settlements and awards usually help the families move on and rebuild
States with damage caps have not seen decreases in healthcare or insurance costs. Texas for example, has seen an increase not a decrease in healthcare costs after politicians passed strict caps.

Capping damages is very popular in the political arena today, but huge awards such as the one in West Virginia should not be what you expect to receive if you sue.

Understanding Compensation

The reason that people are awarded compensation after filing a lawsuit is because something was done to them that caused them a great deal of hardship. Suing is oftentimes the only way that families can recover from these hardships. The criminal charges that may be involved do nothing for the family of the victim or the victim. The money they receive, however, can help them to start the healing process. It oftentimes covers the costs of medical expenses, counseling, moving to another facility and so forth.

Remember that some of the lawsuits filed over nursing home abuse are filed over wrongful deaths. When someone says that damages need to be capped, they're essentially saying that the life of someone who was lost due to abuse or neglect is only worth so much, no matter how egregious the situation was.

Neglect in nursing homes and nursing home mistreatment can both be deadly. When the most vulnerable populations are exploited and abused, it is the strongest corporations that often benefit. When the abusers only have to pay awards that are, for huge corporations, essentially petty cash, it's the families that end up footing the rest of the bill, even though they did nothing to deserve it.

Dallas Wrongful Death Lawyer | How do You Determine Award Amounts in a Medical Malpractice Claim?

blog@www.jrlawfirm.com (Blog Author)71153 — Tue, 13 Dec 2011 08:00:00 EST

How do You Determine Award Amounts in a Medical Malpractice Claim?

Filing a medical malpractice claim is never an easy decision. It can be even harder when you have a situation where you're suing over a wrongful death. When you're trying to put a price tag on human life, it's easy to become obsessed with the fact that it seems like you're devaluing the person as you knew them. This is not at all the case, however. The point of filing a lawsuit for wrongful death is actually very logical and can be understood as a function of making sure that the family who suffered gets just compensation.

Determining the Amount

If you're going to file a medical malpractice lawsuit, you should understand something that will likely put your mind at ease. No attorney is going to expect you to walk into their office with a solid figure in mind regarding how much you want to sue a doctor or healthcare facility for over the loss of a loved one. In fact, helping you deal with this difficult decision is one of the things that an attorney for medical malpractice will do for you. The process can be understood and it does include your pain and suffering.

First, the attorney will have to take into account any limitations imposed upon the amount of money you can seek in compensation by state law. Texas does have limitations on medical malpractice claims. Second, the attorney will have to determine by looking at cases that were heard in the past how much money people who sued received under similar circumstances. The attorney will try to arrive at a realistic number to maximize your chances of winning your lawsuit. Third, the attorney will have to take your individual situation into account. This situation will include lost wages, pain and suffering, medical expenses, additional expenses borne by the family and more.

Lawyers for medical malpractice claims generally have a lot of experience dealing with people who are in the grieving process. One of the things you definitely want to avoid, however, is allowing the grieving process to prevent you from filing a medical malpractice claim in time. There are concrete limitations on how long you have to act. One way to get started is to simply contact an attorney and speak with them about how much time you have to make the decision. This way, you're making a decision with all of the information you need available to you.

Texas auto laywer | No Text is Worth a Human Life

blog@www.jrlawfirm.com (Blog Author)71154 — Tue, 13 Dec 2011 08:00:00 EST

No Text is Worth a Human Life – NTSB Seeks National Ban on Driver Texting

The National Transportation Safety Board (NTSB) is calling for a national ban of the use of cell phones and texting devices while driving. A particularly tragic accident August of 2010 motivated the NTSB board to turn to a federal solution. The accident took place August 5 near Gray Summit, Missouri. A nineteen year-old driver going 55 miles an hour on the highway was texting at an alarming rate with 11 texts in 11 minutes.

An 18-wheeler in front of the pickup slowed down due to construction on the road. The distracted pickup driver rear-ended the 18-wheeler. Behind the pickup were two school buses full of band campers which both slammed into the pickup truck one after the other.

The pickup driver was killed as was a fifteen year-old girl who was a bus passenger. The vehicles were so crushed together that campers had to exit the school bus one-by-one through an emergency window. Emergency responders commented that if a fire had started there would have been a much larger number of fatalities. As it was, as many as 40 different people were injured in the pileup.

Like a lot of states, Missouri has a law against texting for drivers under age 21, but the law isn’t being widely enforced. Now the NTSB is looking to the federal government to step in. NTSB chairman Deborah Hersman says it best, "No call, no text, no update is worth a human life."

In Philadelphia and Beyond: Watch Out For Drunk Drivers

swade@jrlawfirm.com (Blog Author)70799 — Fri, 09 Dec 2011 08:00:00 EST

If you’re a responsible driver, you’ll never get behind the wheel of a car after having too much to drink. But just because you’re responsible, doesn’t mean that others are as well. During the holiday season especially, it’s important to be a good defensive driver. Being on the lookout for impaired drivers, and knowing how to spot them, can save your life. Common signs of drunk driving include:

Straddling the center of the road
Weaving or zigzagging across the road
Turning with a wide radius
Almost striking another vehicle, or object
Abruptly swerving or turning
Driving on the wrong side of the road
Disregarding the rules of the road, such as stop signs and lights
Making illegal turns
Erratic braking, or stopping in inappropriate areas
Driving significantly below the speed limit
Slow response to traffic signals
Inconsistent signaling

If you spot a potentially drunk driver, it’s important you take immediate steps to preserve your safety, as well as the safety of others on the road. First of all, if the driver is near you or is in any way threatening your safety, increase the distance between your vehicles by pulling over. If the car is heading straight toward you and a collision seems imminent, pull over to the right, honk your horn, and flash your lights. Don’t attempt to stop the vehicle, follow the vehicle, or detain the driver if they stop. Once you are in a safe spot and out of danger, use your cell phone to contact the authorities immediately. Dial the local police station, or 911. Give the exact location of the vehicle, the direction it is traveling in, and a full description of the vehicle. Despite taking every safety precaution, accidents happen. If you or someone you love has recently been injured in an automobile accident, and you believe a drunk driver is responsible, contact a Philadelphia injury attorney for more information.

Wrong-way Accident in Tarrant County Kills Elderly Man, Teen

blog@www.jrlawfirm.com (Blog Author)70406 — Tue, 06 Dec 2011 08:00:00 EST

Two people were killed in a wrong-way highway accident in North Texas on Wednesday night, November 23. Texas police are investigating the cause of the accident and are awaiting blood alcohol test results from both drivers.

The fatal Texas car accident took place just after ten in the evening, as 17-year-old James Harris headed home after a long pre-Thanksgiving shift at a local grocery store in Tarrant County. The teen, a recent student of Azle High School and football alum, was driving near Lake Worth on Jacksboro Highway when wrong-way driver Jake James slammed into his vehicle head on.

Both Harris and James were rushed to a nearby Texas hospital, but both succumbed to their injuries soon after arrival.

According to James’ wife, the 72-year-old man, who owns a chain of salons in the area, had left the house about three hours earlier. Shortly before the deadly crash, police received several 911 calls reporting a wrong-way driver on the highway.

The two most common causes of wrong-way driving incidents are driving under the influence of drugs and alcohol and confusion. It is not clear what factors were at play in this tragic Fort Worth area crash.

If you see a wrong-way driver, call the police immediately. If a loved one in your family has been injured or killed in a North Texas car accident, speak with a Dallas personal injury attorney today.

New Study: Texas Has Among the Lowest Surgical Error Payouts

blog@www.jrlawfirm.com (Blog Author)70405 — Mon, 05 Dec 2011 08:00:00 EST

At the American College of Surgeons (ACS) 97th Annual Clinical Congress, physicians took a close look at the surgical error information available in the National Practitioner Data Bank (NPDB). They shared their findings with meeting attendees as well as Medscape Medical News. Generally, researchers found that medical malpractice awards vary wildly by state, and that malpractice award averages often reflect an individual state’s laws.

When it came to the lowest medical malpractice payout amounts in the country, Texas was in the bottom four states along with Michigan, Kansas, and South Carolina. All four states have laws requiring medical malpractice damage caps – in Texas, a medical error victim cannot receive more than $250,000 in non-economic damages, no matter the details of their case.

The physicians who analyzed the medical malpractice data hope that the information they found will help correct issues in the current medical malpractice system and help both doctors and patients find just outcomes after a medical mistake.

Have you been injured by a surgical error in Texas? You may wish to speak to a Dallas medical malpractice attorney about your case to find out if you should fight for compensation. The medical mistake lawyers at Rasansky Law Firm may be able to help.

Texas Liability Lawyer | When Drugs Turn Out to be Dangerous

blog@www.jrlawfirm.com (Blog Author)70218 — Wed, 30 Nov 2011 08:00:00 EST

When Drugs Turn Out to Be Dangerous

Unsafe drugs are probably the most terrifying of all defective products. Not only are drugs taken with the full trust and confidence of the patient, they've also been approved by the FDA if they're on the market. It's always a surprise when drugs turn out to be dangerous. In some cases, it turns out that the company that manufactured the drug knew that it had certain side effects and opted not to say anything about it. In other cases, it turns out that the drug proved to be dangerous even though it was tested and approved by the FDA and is immediately withdrawn from the market.

Black Boxes

Some drugs receive what is called a black box. These drugs are known to have side effects which may be life-threatening. The side effects can range from things such as heart problems or blood clotting to psychological disorders that are brought about by the use of the drug. In any case, a black box is a warning that is given to the patient that the drug is, in certain regards, unsafe. Product liability lawsuits are generally filed when someone has not been warned of the dangers of a drug or when they were told that a drug was safe and it turned out not to be.

Side Effects

Any drug is going to have side effects. In fact, side effects are just effects of the drug that have nothing to do with the treatment for which the drug is being used. As long as you are warned about all the possible side effects, you can make a decision as an informed consumer about whether or not you want to take the drug. When you are not warned, you can end up in a situation where you are taking far more risk than you consented to. Filing a lawsuit to help you pay for the fallout is one of the options you have in these situations.

Lawsuits

Product liability lawyers in Texas can take a look at your situation and determine whether or not a lawsuit is merited. It will not always be an option. If the attorney believes that you were not fully informed of all of the potential dangers of the drug or if the drug has turned out to be the subject of other lawsuits, they may recommend that you go forward with your own legal action. Some drugs end up being subject to class-action lawsuits, as well.

Dallas Car Accident Lawyer | Avoiding a Head-On Crash

blog@www.jrlawfirm.com (Blog Author)70221 — Wed, 30 Nov 2011 08:00:00 EST

Avoiding a Head-On Crash

Head-on collisions are some of the most deadly that you can be involved in. When two vehicles run into each other head-on, the force is the equivalent of their combined speed. If, for example, you are traveling 50 miles per hour and hit another vehicle traveling 50 miles per hour, the combined force would be the equivalent of striking a fixed object at miles per hour. As you may have guessed, this makes these accidents particularly dangerous. There will be cases where you cannot avoid one of these wrecks. Sometimes, however, you do have a chance if you know what to do.

Drifting Drivers

Drivers who are drifting toward you when you are on a two-lane road, or a bigger road that doesn't have a median are always terrifying. Sometimes, you will actually have time to react to a driver doing this. The most intelligent thing you can do in this situation is to remove yourself from the path of the vehicle. This may mean pulling over to the side of the road or it may mean turning off the road onto a side road, if possible. The one thing you do not want to do is wait too long.

In some cases, you won't have much time to react at all. In these cases, you generally need to swerve out of the way. A skill that you might want to practice is looking where your car is going instead of looking at the car you're trying to avoid hitting. While you might not be aware of it, you instinctively go in whatever direction you are looking whenever you are driving a vehicle. When you are trying to avoid a vehicle that is coming right at you, look at your escape route, not at the vehicle you are trying to avoid. If you look at the vehicle, you're quite likely to head straight toward it without even being aware of it.

Some of the drivers who cause head-on collisions are negligent, drunk or some combination of the two. Contact a car accident lawyer in Dallas to see if you might have the option of filing a lawsuit in the event you are hit by such a driver. Sometimes, an accident attorney will be able to get a jury award for you or get a settlement from the other driver that could help you pay for the property that you lost and your medical expenses due to the accident.

Car accident lawyer in Dallas | What 4-Wheel Drive Doesn't Help With

blog@www.jrlawfirm.com (Blog Author)70160 — Tue, 29 Nov 2011 08:00:00 EST

What 4-Wheel Drive Doesn't Help With

A four-wheel drive vehicle can be a tremendous advantage in certain situations. There are other situations, however, where they can be liabilities. The situations where they are liabilities are generally those where the driver of the vehicle doesn't understand what the vehicle is actually capable of doing and what kind of abilities that four-wheel drive offers.

It Doesn't…

One of the most important things to remember about four-wheel drive vehicles is that the four-wheel drive system does not help you stop. If you underestimate your stopping distance, having four-wheel-drive engaged is not going to do anything to slow your vehicle down faster or to stop you from slamming into another vehicle or into a fixed object. It's important to keep in mind that many four-wheel-drive vehicles are considerably larger than the average passenger car and, thus, they actually have much longer stopping distances than do smaller vehicles.

A four-wheel drive vehicle also does nothing as far as keeping you on the road if you his ice. Four-wheel-drive gives you better traction in situations where the road is slippery but there are limitations. If the entire road is covered in ice and if every one of the four wheels on your vehicle is incapable of getting good traction, you're going to slide whether or not you have the four-wheel-drive engaged. In conditions where it is rainy or muddy, however, four-wheel-drive can do a lot to keep you on the road.

Having a four-wheel drive vehicle doesn't make you a tow truck. Remember that your vehicle may be damaged if you pull somebody out of the ditch improperly or that you may end up causing an accident because you don't have the right emergency lighting to warn other drivers that you are pulling someone out of the ditch. Generally speaking, using your own vehicle to rescue another vehicle from a position where it is stuck should only be done as an absolute last resort.

If you're involved in a wreck and it was because somebody was negligent in how they handled their vehicle, contact a car accident lawyer in Dallas. The accident attorney may be able to help you by putting together a lawsuit that could win you compensation in a court of law or from a settlement offered by the other driver, if they believe that they are going to lose your case and don't want to pay court fees in addition to the jury award.

Dallas Car Accident Lawyer | Insurance & Car Wrecks

blog@www.jrlawfirm.com (Blog Author)70162 — Tue, 29 Nov 2011 08:00:00 EST

Insurance and Car Wrecks

Some people get into car wrecks and are fortunate enough to have a great experience with their insurance company. Usually, this is because there is a combination of a good insurance company and an accident that is so straightforward in its circumstances that there is no doubt that the driver needs to be paid from their insurance policy. In other cases, however, drivers are not so fortunate. Some insurance companies will do whatever they can to avoid paying the claim, particularly if it's a large one.

When you sign up for an insurance policy, the entire point of even paying for your monthly premiums is so that you have some level of financial protection when you're on the road. In some cases, insurance companies specialize in working with people who have very poor driving records and, because those people are essentially between a rock and a hard place due to mandatory coverage laws, the insurance companies offer bad policies at high prices. These insurance companies are likely to try to find a way out of paying any claims.

Other people have insurance companies that have excellent reputations but end up in an accident where the insurance company may be able to convince the claimant that they are not owed any money under the terms of their insurance policy. These cases can be just as frustrating, as the insurance company can essentially say anything they want about the circumstances of the accident, given that they have access to professional investigators and insurance adjusters that are more knowledgeable about such things than the average driver. Drivers, however, do have a resource available to them if they need to take on an insurance company, whether it's a company that insures anyone for a high price or company that has a great reputation but that's falling short of their obligations.

If you are in a situation where your insurance company is refusing to pay a claim that you feel you are owed, you may wish to speak with a DFW car wreck lawyer. These legal professionals usually help people to sue other drivers for damages, but they can also help you deal with insurance companies. A good auto accident attorney understands traffic laws to an exacting degree and is fully capable of going up against the insurance companies both big and small if they aren't coming through on their obligations to one of their customers.

Two Texas Medical Malpractice Laws You Need To Know

blog@www.jrlawfirm.com (Blog Author)69790 — Mon, 28 Nov 2011 08:00:00 EST

This week in our Frequently Asked Questions (FAQ) section, we answered two questions about Texas medical malpractice law that we often hear from clients: “What is the statute of limitations for medical malpractice cases in Texas?” and, “Are there medical malpractice damages caps in Texas?” Let’s take a closer look:

What is the statute of limitations for medical malpractice cases in Texas? Generally, a victim of a medical mistake or their family has two years from the date of the doctor error to file a lawsuit. However, you may have a larger window of time if you were a minor when the hospital mistake occurred or if you were unaware of the error at the time it took place. For this reason, it is always best to act quickly after a medical malpractice incident.

Are there medical malpractice damages caps in Texas? In 2003, Texas voters passed a constitutional amendment that capped non-economic damages in medical malpractice settlements at $250,000. Non-economic damages include issues like pain and suffering, emotional distress, mental anguish, disfigurement, loss of enjoyment of life, permanent injury, and loss of companionship.

If you or a loved one has suffered medical negligence in Texas, you no doubt have many more questions to ask. Call the Rasansky Law Firm today to schedule an appointment with one of our experienced Dallas medical malpractice attorneys and find out your best options for action.

Texas Significantly Reduces Nursing Home Regulation Enforcement

blog@www.jrlawfirm.com (Blog Author)69789 — Sun, 27 Nov 2011 08:00:00 EST

Bad news for anyone with family in a Texas nursing home: the state has greatly reduced its enforcement of adult care facility regulations – which could mean more unchecked cases of Texas nursing home abuse.

According to The Dallas Morning News, the change in Texas nursing home law enforcement has been brought on by budget cuts and legislative changes. A handful of former and current nursing home inspectors alerted the media that their supervisors were actively discouraging citations and exposing poor conditions – whether or not they endangered the lives of the residents.

Because of budget cuts, the number of state staff in charge of Texas nursing home regulations has dropped by 25 percent. At the same time, changes in law at the state level mean that it is more difficult for victims of nursing home abuse and neglect to sue—and more difficult for state agencies to fine unsafe facilities.

What will be the result of these issues? Many nursing home safety advocates worry that the rates of nursing home neglect in Texas will go up, especially as nursing homes realize that dangerous cost-cutting and corner-cutting practices will rarely be punished.

Has your elderly loved one been harmed by negligent or abusive nursing home practices? Speak to a Dallas elder abuse attorney today about taking legal action, securing compensation, and making certain that the nursing home is held responsible for its actions.

The Penn State Abuse Scandal: Texas Child Abuse Reporting Laws

blog@www.jrlawfirm.com (Blog Author)69434 — Sun, 27 Nov 2011 08:00:00 EST

In the wake of the Penn State child abuse scandal, people from around the country are asking whether college football coach Joe Paterno and other school officials should have done more after an assistant coach saw Jerry Sandusky sexually assaulting a young boy on school grounds.

While it is possible that Paterno and Penn State officials did not break any laws by not reporting the alleged child sex abuse to police, it is important to understand that different states have different laws regarding reporting child abuse and sexual assault.

In Texas, the law requires any person - no matter who they are or what their position is - to report suspected child abuse to Child Protective Services or local police. It is illegal to only report Texas child abuse internally, such as to a school or supervisor, which is what took place in the Penn State scandal.

What is the best way to legally report suspected child sex abuse in Texas? Call the abuse hotline at 1-800-252-5400, call local police, or dial 911.

Has your child been the victim of physical or sexual abuse in Texas that should have been reported to the police? Speak to a Dallas child abuse attorney immediately about your case. Call the Rasansky Law Firm at (877) 405-4313 to schedule an appointment.

Public Citizen Report: Texas Healthcare Worse After Med Mal Caps

blog@www.jrlawfirm.com (Blog Author)69431 — Wed, 23 Nov 2011 08:00:00 EST

Have the 2003 Texas medical malpractice reforms helped or hurt patients and the statewide healthcare system?

According to consumer advocacy group Public Citizen, the tort reforms that were supposed to attract new doctors to Texas and save everyone money have not accomplished either goal.

While many supporters of the medical malpractice reforms, which capped non-economic damages at $250,000, claim that the new laws have increased the number of practicing doctors, the Public Citizen report found that the number of doctors coming to Texas rose in the seven years leading up the reforms, but has since flatlined. At the same time, the report found that while hospitals are indeed saving millions of dollars that would have gone to the victims of Houston medical malpractice and their families, health care costs have gone up instead of down-and health care has become less accessible, especially for those without great coverage.

While we believe that medical malpractice law improvements and tort reforms are an important part of perfecting our legal system, we also hope that we continue to analyze whether or not certain reforms help the situation or make it less fair.

If you have been injured due to a doctor mistake or doctor error in Texas, it is important that you stand up for your rights. Contact the Dallas medical malpractice attorneys at Rasansky Law Firm to learn more about your case.

Galveston Lawsuit: Rear-End Traffic Accident Caused Miscarriage

blog@www.jrlawfirm.com (Blog Author)68941 — Sat, 19 Nov 2011 08:00:00 EST

A Texas City woman has filed a personal injury lawsuit against a Badcliff man who allegedly caused a rear-end car accident in Texas two years ago. The woman claims that the injuries she sustained in the wreck caused her to miscarriage.

According to the Southeast Texas Record, Maria Mendoza was seven weeks pregnant in the fall of 2009 when she and her friend Mariana Cabrera were driving on Palmer Highway. When Mendoza slowed her car because the vehicle in front of her was making a turn, Jason Smith rear-ended their car with his vehicle.

Mendoza claims that the accident was a direct cause of her miscarriage - and that the loss was traumatic. The two women are seeking unspecified damages in a Galveston County court regarding the accident, citing that the man failed to slow for traffic, fail to keep a safe distance from her car, and failed to control his speed.

While it can be difficult to link miscarriages to car accidents, it is possible, especially if your doctor believes that the crash had an effect on your pregnancy. Before drawing any conclusions regarding your Dallas miscarriage and car wreck, we suggest you speak with a Texas car accident attorney and have a law office review the evidence in your case. To speak with an attorney, call the Rasansky Law Firm today at 1-877-405-4313.

United States Has Highest Child Abuse Death Rate in Developed World

blog@www.jrlawfirm.com (Blog Author)68940 — Fri, 18 Nov 2011 08:00:00 EST

A new study conducted by the non-profit Every Child Matters has found that the United States leads the developed world when it comes to child abuse rates and child abuse fatalities.

According to the national group, an estimated 2,000 children die each year due to physical abuse and neglect in the United States - and about half of these young victims are under one year old.

What are some of the causes of child abuse injuries and child abuse deaths in America?

High teen pregnancy rates
A lack of education for many parents
Poverty
A lack of child abuse prevention resources
A lack of viable childcare options for many parents
A lack of daycare oversight and enforcement

Sadly, hundreds of children become victims of Texas child abuse each year - some by family members and some by daycare specialists or childcare professionals. These numbers absolutely need to drop-and that can only happen with the help of Texas authorities, vigilant parents and relatives, and child abuse prevention education.

If your child has been injured or traumatized a by a caregiver at a Texas daycare center, it is vital to speak with a Dallas child injury attorney about your case - both to protect other children from similar abuse and to get the compensation you and your family deserve.

Call us today at 1-877-405-4313 to schedule a free, private meeting.

Texas Nursing Home Investigated After Suddenly Closing Its Doors

blog@www.jrlawfirm.com (Blog Author)68939 — Wed, 16 Nov 2011 08:00:00 EST

The Texas Department of Aging and Disability Service has launched an investigation into the sudden closure of the Calvert Nursing Home. The case began after the adult care facility did not give the state or the residents the appropriate warning before closing their business.

Calvert Nursing Home, a 32-bed facility located on Browning Street, had a history of nursing home neglect claims, nursing home code violations, and other related issues including four violations in the last year.

The nursing home changed ownership this summer and began moving its residents from the facility to others in the area in October. The owners of the home did not give the required sixty days' notice to Texas officials that they were closing their doors, nor did the facility alert the residents' families with a legally-obligated thirty days' notice of closing.

The Texas Department of Aging and Disability Service followed up with the 17 residents who were moved from the home and examined them for signs of abuse or neglect. They say an investigation into the why the home closed suddenly will follow.

Our loved ones deserve high quality care in their golden years, but far too often they are victims of abuse in Texas nursing homes. If your loved one has been harmed due to the negligence of a care facility in the Houston area, call our Dallas nursing home injury attorneys today at 1-877-405-4313.

DFW Physician Malpractice Lawyer | Alternative Medicine & Malpractice

blog@www.jrlawfirm.com (Blog Author)68914 — Tue, 15 Nov 2011 08:00:00 EST

Alternative Medicine and Malpractice

There's a very grey area where alternative medicine is concerned. There are some procedures, such as those rendered by chiropractors and acupuncturists, that are generally accepted as having some valid medical application. Then, there are procedures such as reflexology, healing touch, polarity alignment and other procedures that either aren't accepted fully by scientific medicine or that are considered to be outright quackery by doctors with degrees.

Getting Information

You should get medical negligence information from a qualified attorney if you're wondering if you can sue an alternative practitioner for malpractice. The number of cases against alternative practitioners has gone up in recent years, so there is precedent for suing these practitioners for medical negligence. The hard part for malpractice attorneys will be determining exactly how your claim fits under the law.

If you were sold a quack product, you might be looking at a lawsuit for medical malpractice or you might be looking at a product liability claim. Your attorney will know for sure. If you were sold a quack procedure, you might be able to sue for malpractice. You might also have been the victim of fraud, which means that there's a criminal case involved, which will do nothing to compensate you, though it will take the fraudster out of the picture, if it's a successful prosecution for fraud.

Attorneys and Lawsuits

Many of the attorneys who argue medical malpractice claims have experience in other areas of the law, as well. You can consult with them to see exactly what kind of claim you have, if any. If the attorney you're speaking with only handles medical malpractice claims, they'll likely refer you to someone who can help. If they take other kinds of claims, however, they may be able to offer you a solution to your problem, even if it's not medical negligence that's the issue.

Filing a lawsuit is a big decision and you'll want to make sure you have the right attorney on your side. With the right attorney, you can handle just about anything thrown at you. Just make sure you're asking about the right kind of claim. Some alternative practitioners are liable under medical malpractice law and some may not be, depending upon what your situation actually involved. If you're interested in going ahead with a lawsuit, the first step is sitting down with an attorney, telling them about your situation and seeing how they might be able to help you.

Accident Lawyer in Dallas | Do Defensive Driving Classes Work?

blog@www.jrlawfirm.com (Blog Author)68917 — Tue, 15 Nov 2011 08:00:00 EST

Do Defensive Driving Classes Work?

One thing that defensive driving classes work very well for is lowering your insurance bill. It's almost certain that at least one of the insurance companies out there will be willing to shave some money off of your monthly premium as a reward for having taken one of these classes. You will want, however, to speak with your insurance company before you determine which defensive driving class to take. The insurance company may only endorse a few different schools and there are many of them in the Dallas-Fort Worth area.

The Skills

Defensive driving classes teach a broad range of skills. The most important skill that they will teach is how to remain conscious of what's going on around you. You will learn quite a few skills related to cornering, breaking, accelerating and avoiding danger, of course, but awareness is the single most important skill that you will learn.

One of the things that they will generally teach right away in a defensive driving class is how you maintain a safe following distance from the vehicle in front of you. One of the most common types of accidents in the world is the rear end collision. At the same time that this accident is a very common one, it's also a very easy accident to avoid. When people get into rear end collisions, it's most often because they are following too closely to the vehicle in front of them or because they momentarily stopped paying attention to what was going on around them. No matter how easy they are to avoid, however, rear end accidents are dangerous, sometimes deadly.

You will also usually learn a lot of skills related to driving in challenging conditions. This doesn't only mean learning how to cope with weather conditions. It's also likely that you will learn how to deal with heavy traffic, stop and go driving such as you would experience in a traffic jam and crowded intersections. All of these skills go a long way toward making you a better driver.

If you are injured in a car accident, you can contact a car accident lawyer in Dallas to determine whether or not the other driver may have been negligent and caused your accident because of their negligence. A good car accident lawyer may be able to get you compensated by way of a jury award or settlement from the other driver, provided that your case is strong enough.

Oak Lawn Man Struck and Killed by Texas Hit-And-Run Driver

blog@www.jrlawfirm.com (Blog Author)68938 — Tue, 15 Nov 2011 08:00:00 EST

An Oak Lawn man is in critical condition at Parkland Memorial Hospital this week after being struck by a hit-and-run driver on Cedar Springs Road on Thursday night.

55-year-old Wayne Earl Priest was walking in an unlit crosswalk at the intersection of Reagan Street at nine in the evening when he was hit by a passing car. A witness who saw the accident told police that the man was walking about two feet outside of the crosswalk when he was hit by a maroon four-door vehicle that had just pulled out of a private driveway. The driver of the vehicle did not stop to render medical aid or call for help.

The Dallas Police Department's Traffic Division is asking anyone who has information or saw the accident to call the Vehicle Crimes Unit is 214-670-5817.

This Oak Lawn pedestrian accident spotlights both the dangers of walking at night and the serious consequences of not stopping your car after striking a pedestrian. It is important to remember that crosswalks - especially unlit crosswalks - can be hazardous at night. And always remember that not stopping to lend help after a traffic accident is illegal.

If you have been involved in a Texas hit-and-run accident, speak to a Houston personal injury attorney at the Rasansky Law Firm today. Call us at 1-877-405-4313 to schedule your free consultation.

DFW Physican Malpractice Lawyer | Wyoming Lawsuit Nets 9 Million

blog@www.jrlawfirm.com (Blog Author)68584 — Thu, 10 Nov 2011 08:00:00 EST

Wyoming Lawsuit Nets Nine Million

The plaintiffs in a Wyoming lawsuit against a doctor and a healthcare provider came away with $9 million in damages as the result of a successful lawsuit. The plaintiff was injured in a rollover accident while working in an oilfield. The plaintiff had his neck broken and, as a result of physician negligence, eventually ended up losing the use of his left arm and shoulder.

Failure to Diagnose

The Wyoming lawsuit, to a large degree, was built around a failure to diagnose on the part of the physician. In this case, the plaintiff was complaining about pain in his neck, had just been in a car wreck but was not given the proper x-rays and other tests that would have let doctors know that there was a problem. The patient ended up suffering his disabilities as a direct result of the doctors not upholding their duties, according to the jury, and this triggered the $9 million award given to him in consideration of his pain, suffering and his injuries.

Failing to diagnose a condition is not always an instance of negligence. If the doctor had no way of really knowing that anything was wrong, medical malpractice might not be an issue. Someone with advanced cancer, for instance, may still seem healthy and present no symptoms, and there’s likely no way that a doctor could be expected to find out about the illness without a reason to look. When someone has been in a wreck and complains that their neck hurts, however, it shouldn’t even require a doctor to know that it needs to be checked out.

Settlements and Awards

The jury awarded the money in the Wyoming case. In other cases, the plaintiff forfeits an agreed upon sum to avoid going to court. This is the least expensive way for everyone to deal with a lawsuit, provided that the plaintiff is likely to win. A settlement is always agreed upon by the attorney and their client before it is accepted.

If you believe that you have been the victim of physician malpractice, lawyers for medical malpractice may be able to help you. If you have a good case, they may recommend that you file a lawsuit and seek compensation through the courts. This won’t always be true, however. In some cases, the doctor cannot be held responsible and a malpractice attorney should be able to tell you whether or not they can based on the facts of your case.

Texas Elder Abuse Attorney | Homecare Abuse vs. Nursing Home Abuse

blog@www.jrlawfirm.com (Blog Author)68587 — Thu, 10 Nov 2011 08:00:00 EST

Homecare Abuse vs. Nursing Home Abuse

Some people are fortunate enough to be able to afford home health care in their senior years. These services can be wonderful. They allow a senior citizen to continue living in their own home and to enjoy the independence that comes with it. It's also much more comfortable than being in a facility that is really more of a hospital setting than anything else. Things can go wrong, however, and there are some particular dangers unique to homecare that you should be aware of.

Unqualified Workers

Homecare providers are obligated to uphold the same levels of quality and competence in the delivery of care as our nursing homes. The difference is that nursing homes are permanent facilities and that it's easy for state regulators to walk in for inspections. It's much harder to keep an eye on homecare workers. If it seems like the worker you hired or your family hired for you isn't qualified, make sure you tell the agency. Sometimes, the worker is completely qualified but there is a personality conflict that makes it impossible for the patient and the worker to get along.

No Supervision

Even though most homecare agencies are very professional and good at what they do, some of them have abusers on staff. One of the biggest risks of home care is the fact that abusers can sometimes get themselves into a situation where they have free access to a victim and where the victim has no means of retaliating against the abuser or reporting the abuse to anyone else. If you have a loved one who gets homecare services, keep a close eye on them. If they seem nervous around the homecare provider or if they complain about the treatment that they are receiving, talk to the agency immediately. Again, it's usually easier to see when someone is being abusive in a nursing home setting where other employees and supervisors can keep an eye on them.

Homecare is a great option, but you have to make certain that it's being delivered with competence, compassion and professionalism. If you've been the victim of a home care agency that has been neglectful or abusive toward one of your loved ones or if you have been abused yourself, contact a lawyer for nursing home abuse. They handle neglect in nursing homes, but they can also handle cases where you're going after a homecare agency for elder abuse.

Texas Cerebral Palsy Lawyer | Preparing to Help Children with CP: Three Steps

blog@www.jrlawfirm.com (Blog Author)67961 — Wed, 02 Nov 2011 08:00:00 EST

Preparing to Help Children with CP: Three Steps

If your child is diagnosed with cerebral palsy, make no mistake about the fact that you will be facing challenges as a family. Cerebral palsy, in some cases, is very debilitating. There are instances, however, where the disorder is not quite so severe and where the symptoms are lessened and more manageable. Unfortunately, some of this will not be apparent until the future when your child naturally tries to become more autonomous. In the meantime, you'll need to work closely with your doctor.

Equipment

Depending upon how severe the brain injury your child suffered was, you might need some fairly expensive equipment to help them through their day. For instance, some children will need feeding tubes and other equipment because they'll be unable to function at this most basic level. Other children may only need some medications and other basic supplies. Your doctor will help you in determining exactly what your child needs.

Assistance

Your child may need varying degrees of assistance, depending upon how debilitating their condition is. When they're an infant they will need constant assistance, anyway, so the procedure for taking care of them may not be remarkably different than it would be for any other infant. As they age, however, they may need significant help. Your child may not be able to walk at all, which means that they'll need assistive devices throughout their lives. These devices are likely to get more expensive as the child grows and their needs become more complex.

Training

You're going to need to learn to take care of someone with special needs, and that entails a lot of challenges, as anyone who regularly does so can tell you. Your child may also need forms of assistance that you cannot provide yourself, such as tutoring in school and medical assistance. The more you're able to learn to do for your child, of course, the less expensive your medical bills will be.

Money

In some cases, birth mistakes lead to cerebral palsy. If this is the case with your child, you may want to contact a cerebral palsy attorney to see if they can render legal assistance. They may be able to put together a lawsuit that could win you compensation for your child's pain and suffering and to help pay for all of the medical expenses they'll face moving forward. Cerebral palsy lawsuits sometimes pay out very substantial rewards.

Medical Malpractice Attorney | Rx Drug Deaths Triple in Decade

blog@www.jrlawfirm.com (Blog Author)67989 — Wed, 02 Nov 2011 08:00:00 EST

Rx Drug Deaths Triple in Decade

The number of prescription drug fatalities has tripled since 1999. According to a new Center for Disease Control report, narcotics prescribed by physicians kill 40 people a day. Dr. Thomas Frieden of the CDC calls it an "epidemic." Enough prescription painkillers were prescribed last year to medicate every adult every four hours for an entire month. With doctors prescribing more and more pain medications, it's more important now more than ever to be aware of what your doctor prescribes you - both the medication and the dosage.

You might associate fatal overdoses with illegal drugs like heroin or cocaine, but prescription painkiller overdoses out number cocaine and heroin drug overdoses combined. Just because the drug is legal does not make it safe.

Some overdoses are the sad result of an addiction, but others are simply mistakes made by healthcare professionals who proscribe the wrong dosage of medication or fill a subscription incorrectly. Doctors and pharmacists should be clear about the side effects of each drug. Remember that your personal medical history can affect your reaction to the drug. Physicians are being encouraged to only prescribe the appropriate amount of painkillers and to screen their patients for addiction or mental illnesses.

The data in the CDC report indicates that middle-aged white adults have the highest overdose rate, but people of all ages are at risk for prescription medication overdose.

What can you do? Be vigilant about your medications and have honest discussions with your doctor. At the Rasansky Law Firm, we work to help victims who sought to improve their health, but instead were injured by the prescription drugs they relied on for relief. If prescription painkillers have harmed you or a loved one, speak with a Texas medical malpractice attorney at Rasansky Law Firm today for more information regarding your legal rights and options.

Target Recalls Halloween Frog Mask Due To Suffocation Dangers

blog@www.jrlawfirm.com (Blog Author)67678 — Mon, 31 Oct 2011 08:00:00 EST

With Halloween just around the corner, it is vital that your children have safe costumes that do not pose unneeded threats or present potential dangers. With that said, we are alerting our readers to a recent recall announced by Target and the U.S. Consumer Product Safety Commission (CPSC) regarding a plush frog mask that may be a suffocation risk for children.

According to the CPSC, the child-sized Halloween frog masks were sold at Target stores across the country in August and September of this year for $1.00. The company believes that about 3,400 masks were sold to consumers. While no accidents or injuries have been reported in connection to the Halloween masks, Target is concerned that the masks do not provide proper ventilation when secured to a child's face and are a suffocation hazard.

Parents can identify the dangerous frog masks by looking for UPC code 06626491474 on the mask, which is green with yellow and red portions and is attached to a child's head with a green elastic band.

If you have purchased this defective frog mask, the CPSC recommends that you take the mask away from children immediately and return it to a Target store for a full refund.

While Halloween is a fun holiday for the whole family, it is important that your children are dressed in costumes that are free of defects and dangers. If your child has been harmed by a defective Halloween product, speak with a Texas personal injury attorney at Ransansky Law Firm today.

Harley-Davidson Recalls Motorcycles Over Brake Issue

blog@www.jrlawfirm.com (Blog Author)67677 — Sun, 30 Oct 2011 08:00:00 EST

Motorbike manufacturer Harley-Davidson has notified over 308,000 motorcycle owners across the world of a vehicle recall involving the brake light switch on some of the 2009 model bikes.

According to the Associated Press, The Touring, CVO Touring, and Trike motorcycles from model years 2009, 2010, 2011, and 2012 all have a similar dangerous defect that could lead to Texas motorcycle accidents or motorcycle brake failure. The motorcycle company believes that a brake switch is too close to the bike's exhaust system, causing heat exposure, possible brake light failure, and even possible brake failure.

Anyone with one of the above motorcycles should bring their vehicle in to a Harley-Davidson dealer, where their brake switch will be replaced for free. The motorcycle maker expects the fixes to cost them over $10 million.

Harley-Davidson was alerted to the motorcycle design issue after a trike motorcycle crash in the summer of 2010 that involved brake failure. After a similar accident occurred just months later, in which one person was injured, the company began considering an international recall. No other accidents or injuries have been reported.

It is important to remember that not just riders are responsible for Houston motorcycle accidents - some motorbike crashes can be caused by faulty design. In those cases, the maker of the motorcycle could be responsible for any damages incurred by the crash. If you have been involved in a Texas motorcycle accident that you believe was caused by poor design, speak to a Houston dangerous product and personal injury attorney today.

After Crash, Texas Truck Company Sued for Hiring Inexperienced Driver

blog@www.jrlawfirm.com (Blog Author)67675 — Sat, 29 Oct 2011 08:00:00 EST

Following a fatal Texas truck collision last Christmas, the family of the accident victim is suing a truck company that was involved in the wreck for wrongful death.

According to the Southeast Texas Record, Robert Barr was driving north on Texas Highway 6 outside of Hearn on December 22, 2010, when he struck the back of a tractor-trailer in the process of turning right off of the road. The truck driver, Jasmin Jiles, allegedly did not maneuver the big rig correctly to make the turn and the back of the trailer took up both lanes of the highway. Barr died from his truck accident injuries.

After the tractor-trailer crash, Barr's family discovered that the trucking company, Acme Truck Line Inc., had not performed a background check on the truck driver, who was inexperienced. In the Texas wrongful death lawsuit, the family of Barr claims that the truck company failed to evaluate the driver's ability to drive the truck, failed to monitor the truck driver, and failed to require the truck driver to fill out his driving logs.

In addition to wrongful death damages, the family is seeking damages for pain and suffering, mental anguish, loss of earnings, medical expenses, court fees, and interest.

This case is important to note because it illustrates that while a truck driver may be at fault for an accident, the trucking company that hired and trained the driver may also be responsible for a crash. Are you interested in learning more about a recent Texas truck accident that left you or a loved one injured? Contact us today.

Jefferson County Nursing Home Faces Wrongful Death Lawsuit

blog@www.jrlawfirm.com (Blog Author)67673 — Fri, 28 Oct 2011 08:00:00 EST

A daughter has filed a Texas wrongful death lawsuit after her elderly mother suffocated at a nursing home in Port Arthur.

According to local news reports, Pearl Green was suffering from pneumonia and respiratory failure at the Texas Senior Rehabilitation and Skilled Nursing Center two years ago when a nurse on the floor noticed that Green's tracheotomy tube was clogged and that the patient was having difficulty breathing. However, when the nurse alerted the head nurse on the floor, Sherry Cole, she claimed to be too busy to help the patient and clean the tube.

Just minutes later, Green was at Southeast Texas Medical Center, unresponsive, and suffering from cardiac arrest. She suffered brain damage from being deprived of oxygen and was ultimately taken off of life support.

Her daughter, Patsy Bushnell, is seeking damages for her mother's wrongful death and for her own mental anguish. The case will be heard in Jefferson County.

Sadly, these nursing home neglect and wrongful death cases are far too common in Texas adult care facilities - some due to a lack of trained staff members and some due to simple gross negligence. If your elder loved one has suffered because of neglect or abuse, be certain to speak with a Dallas nursing home attorney about your case.

Drunk Driving Accident Lawyer | Suing Texas Drunk Drivers

blog@www.jrlawfirm.com (Blog Author)67717 — Fri, 28 Oct 2011 08:00:00 EST

Suing Texas Drunk Drivers

Drunk driving carries stiff penalties in Texas. If someone causes an accident, injury or a death while they're behind the wheel and they're intoxicated, the consequences are even more severe for them. If you've been hit by a drunk driver, going after them in civil court may seem redundant. There are very good reasons to consider doing so, however.

The Role of the Law

The legal penalties that drunk drivers face aren't designed to do anything for the victim. Those laws punish the driver on behalf of the state. There's nothing in those laws that will benefit you directly, except for those laws possibly discouraging more drivers from being out on the roads drunk. Filing a lawsuit is a way for the victim to get something for their pain and suffering and their injuries.

The Costs

Drunk drivers, even when they don't do a great deal of property damage or cause a serious injury, can still end up costing their victims a huge amount of money. The costs of medical treatments for some of the injuries that they cause can be very high. This is why lawyers are there to help you file a lawsuit seeking compensation. There's no reason that you should have to pay the costs that stem from being hit by a drunk driver when it's not your fault that the accident happened at all.

Legal Fees and Concerns

In some cases, you'll be able to work with a lawyer without having to pay any fees up front. This is called a contingency arrangement if the lawyer agrees to take no pay at all unless they actually win your claim. Such arrangements allow individuals without a lot of money on hand to seek compensation for the pain and suffering they've endured because of a drunk driver.

Finding a lawyer can help you to get compensated, but there's no way that anyone can guarantee that a given case will win in court. Having an experienced lawyer, however, increases the chances that you'll win the claim that you pursue. Whether or not a drunk driver gets prosecuted with criminal charges and whether or not the criminal case against them happens to succeed, you can talk to a lawyer about going after drunk drivers for the damage that they cause. Find a good auto accident lawyer in Dallas. A good car accident lawyer can help you by seeing if your case seems good and possibly pursuing it in court.

Dallas Car Wreck Attorney | Rainy, Night Conditions are Not a Driver's Friend

blog@www.jrlawfirm.com (Blog Author)67718 — Fri, 28 Oct 2011 08:00:00 EST

Rainy, Night Conditions are Not a Driver's Friend

Sometimes, you'll end up having to put on some miles when the conditions are far less than optimal. Some of the worst types of conditions that you can end up driving in are rainy conditions. In rainy conditions, you won't have the same visibility or the same stopping distance that you would under normal conditions. When you're driving at night and there's rain, the conditions are even more dangerous for anyone behind the wheel.

In the City

The hardest thing to deal with in the city, for many drivers, is the fact that the driving conditions tend to be made worse by the fact that the lights can create confusing reflections on the ground. This can make it hard to judge where intersection lines start and where the lanes are on the road. As a general rule of thumb, if you can't clearly see where you're going, slow down. It's much easier to deal with these types of problems at a slower speed than it is to deal with them when you're going fast. Be wary of intersections. People will sometimes come barreling through them because they underestimated how slippery the roads are.

In the Country

On roads where the water collects in the tire depressions in the lane, hydroplaning is a real hazard. Your vehicle hydroplanes when it hits a patch of water and when the water lifts the tire off the road. This can happen to any vehicle, no matter how off-road the tires may be and no matter how heavy the vehicle might be. To avoid this happening, you have to slow down and try to avoid driving in the deepest part of the lane. Give yourself some extra leeway where speed is concerned going around corners. If you happen to be on a motorcycle, you need to slow down even more to round corners safely.

If You're Hurt

When people don’t slow down for conditions and hurt someone, they can sometimes be found to have been negligent in court. If you were injured by a negligent driver, you can contact a car wreck lawyer for assistance. Be aware that being hit doesn't automatically mean that you have a case. Accidents can and do happen. If someone was negligent, however, there are ways that you can seek compensation for your pain and suffering. Contact a Fort Worth car accident attorney to see if you have a case that might be convincing to a jury.

Dallas Car Accident Attorney | Winter is Coming, Consider Your Tires

blog@www.jrlawfirm.com (Blog Author)67719 — Fri, 28 Oct 2011 08:00:00 EST

Winter is Coming, Consider Your Tires

Dallas isn't known for being a particularly wintery place. You never know if you're going to want to go somewhere a bit colder in the winter, however, or if the weather is going to take an odd turn for the worse on you. If you want to make sure you're prepared for whatever might happen, you might want to consider getting some good winter tires on your car. Winter tires, just like winter jackets, vary a bit depending upon the climate you're talking about.

Warm Climates and Winter

Winter driving is sometimes a bit more dangerous in climates where winter is shorter and less severe. There may be a couple of snowstorms here and there, but you can be sure that drivers won't be able to handle them very well in these climates. This means that an inch of snow in Dallas might be a much more dangerous situation than a foot of snow in a place like Minneapolis, where people are accustomed to winter driving. Good tires make it easier for you to stop and maneuver in adverse conditions, which helps you to avoid other—bad—drivers.

Travelling

Winter can be a lot of fun. If you decide that you want to take off and go skiing or engage in another winter sport for the weekend, having the right tires on your car is a huge help. With the right tires, you're much safer on snow-packed roads and can avoid some common accidents that occur during this time of the year. Consider getting winter tires so you can accommodate spontaneous winter road trips!

Your Car

Good tires do a lot to protect your car. If you want to make sure your car is protected against the worst that the winter conditions have to offer, consider getting a good set of snow tires. This helps to reduce wear and tear by providing good traction and good resilience.

If you get rear ended or otherwise struck by a driver with a car that wasn't up to the challenge of the environment, contact a car wreck lawyer. A good auto accident lawyer in Dallas can help you to determine whether or not negligence played a part in the wreck. If it did and if you were injured, you can speak with the attorney about putting together a lawsuit that might help you to recover damages from the other party and make sure that your expenses are covered.

Deadly Texas Accident Illustrates the Potential Dangers of U-Turns

blog@www.jrlawfirm.com (Blog Author)67258 — Tue, 25 Oct 2011 08:00:00 EST

Two young children were killed in a tragic car accident in Belton, Texas this week after a car struck their mother's vehicle as she made a U-turn.

According to the Express-News, 39-year-old Patrice Christian was turning around on FM 436 near Loop 121 when a car broadsided her vehicle. Two of her children, 4-year-old John and 7-year-old Paul, were both killed in the crash. She and her oldest son, 11-year-old Jvon Christian, suffered serious injuries. Two more children in Christian's car, as well as two young children in the car that struck them, were also injured. The injury victims were transported to Scott & White Hospital in Temple, in critical and serious condition.

This tragic Texas car accident is a sad reminder about how U-turns can be dangerous or deadly. Here are a few tips on how to safely make a U-turn:

Never make an illegal U-turn. All turnaround spots that have no U-turn signs have been marked for very good reasons. Be sure to always follow the law and never attempt an illegal turn.
Make sure you have enough visibility in both directions. A U-turn can take time and puts your car in a vulnerable position. Make sure you can see vehicles in both directions before turning.
Know your vehicle's turn radius. U-turns can be extremely dangerous if your car is not able to make the full turn and you must engage in a three-point turn.

Have you or someone you love been involved in a Texas U-turn accident? You may need legal assistance to obtain the compensation you deserve. Contact the Dallas traffic accident attorneys at the Rasansky Law Firm to schedule a free, confidential meeting.

Texas Car Accident Attorney | 3 Remarkably Negligent Driver Behaviors

blog@www.jrlawfirm.com (Blog Author)67467 — Tue, 25 Oct 2011 08:00:00 EST

3 Remarkably Negligent Driver Behaviors

There are negligent drivers out there that pose a threat to everyone on the road. Beyond those drivers, there is another class of drivers who are so negligent in how they handle their vehicles that it's sometimes hard to comprehend. These drivers are some of the biggest threats to everyone and you have to watch out for them. Here are three of the worst types:

Cell Phone Users

Even though there has been ample information provided to everyone about how dangerous it is to talk on a cell phone while driving, some drivers still insist on doing so. They may believe that they're too important to put down the phone or they may just not be particularly considerate individuals, but they are genuine threats. A driver who injures you while they were talking on their cell phone may be found to have been negligent by a jury.

Distracted Drivers

MP3 players, in-car televisions and other devices all compete with the road for the attention of these drivers. While these devices can be fun and make driving more enjoyable, these drivers turn their electronic devices into constant distractions. If you're in front of, behind or alongside a driver who is constantly looking at something other than the road, be wary. They may well be headed for a wreck and you might be the one that they get into it with.

Drunk Drivers

Drunk drivers are the biggest threats among all the different types of negligent drivers out there. They're deadly, to put it bluntly, and they're so unpredictable that there's really no universal way to deal with them. Take all the aggression, diminished intellectual capacity and attention problems of an intoxicated individual and combine it with 2 tons of steel and glass and you have an accident waiting to happen. The law might punish these drivers, but that doesn't really do their victims any good.

Finding a car accident attorney in Dallas that can help you file a lawsuit against these drivers is the best way to deal with the situations that they case. A car accident lawyer may be able to file a successful lawsuit against one of these drivers and help you to get compensated via a jury award or a settlement. If you've been in a wreck and the driver was negligent, don't give up. Call an attorney and see if there's a case that you could file against them for compensation.

Fort Worth Lawyer | Pedestrians & Negligent Drivers

blog@www.jrlawfirm.com (Blog Author)67476 — Tue, 25 Oct 2011 08:00:00 EST

Pedestrians and Negligent Drivers

Pedestrians have to be particularly careful of negligent drivers. While pedestrians do have the right of way, many drivers get in such a rush that they try to avoid slowing down for pedestrians in crosswalks and on the sides of the roads. This creates a very dangerous situation for the pedestrian. Here are some things you can do to avoid being involved in a crash.

1: Be Aware

When you're walking anywhere near a road, whether it's in a pedestrian shopping area, along a residential street or along a main artery, be sure you keep an eye out around you. Most of the time, a car will hit you without there being much warning that it's going to happen. This is why it's important to be very aware of your surroundings and to be sure that you keep your head up and keep looking around.

2: Time Traffic

If you have to cross in a busy area with a fast speed limit, be sure you allow yourself a moment to time the traffic. Pick an oncoming car and count how long before it crosses in front of you. This will give you some idea of how long you have to cross the street.

3: Colors at Night

Depending upon where you're going in the evening, you may be wearing dark colors. You don't have to wear bright colors just to accommodate drivers, but be aware of the fact that you're hard to see if you're wearing darker colors. Even though you do have the right of way, people may not actually see you when you cross the road, so be wary.

4: Know Your Limitations

If you get annoyed at a driver who won't yield you the right of way, you won't be the first pedestrian to have that feeling. Be aware of the fact that you're not going to win if you turn it into a dispute. You might be in the right legally, but you're not going to win if you try to take on a car that isn't slowing down. Get out of the way if you have to and don't let your pride make you a victim of a negligent or aggressive driver.

If a driver hits you, a Fort Worth car accident attorney may be able to help. You can speak with a car accident lawyer to see if you have a chance of winning a lawsuit against a negligent driver.

Texas Nusring Home Attorney | Nursing Home Abuse & Negligance

blog@www.jrlawfirm.com (Blog Author)67480 — Tue, 25 Oct 2011 08:00:00 EST

Nursing Home Abuse and Negligence Risks

Some of the people who live in nursing homes have an even harder time standing up for themselves than do children. Because of this, they are at risk of being abused by individuals who are under the employ of the facility and by other residents, if the employees of the facility do not intervene to stop the abuse. It's imperative that anybody in a nursing home facility understands that they have somebody to reach out to in the event that they are abused. Unfortunately, some of the people in nursing homes do not have the mental clarity necessary to ask for support and assistance when they need it.

Neglect

Neglect in nursing homes is one of the most common forms of nursing home mistreatment. The risks that come along with somebody being neglected in a nursing home environment are severe. In some cases, the victim may actually end up being in mortal danger because of their conditions not being attended to and because of new conditions arising due to them being neglected.

If you are in a situation where it seems like your loved one is always coming down with the new illness and that the treatments that their physician orders for them never seem to work, you may want to investigate the matter further. If they are not being given their medication and if they are not being attended to properly in terms of hygiene and nutrition, it's very likely that their conditions will get worse over time.

Abuse

Outright abuse happens in some nursing homes, as well. The abuse may be physical, sexual, psychological or a combination of the three. Most of the time, the individual that is being abused will be intimidated out of saying anything about the abuse by bullying staff members. These situations can be very dangerous for the victim.

The risks that come along with abuse in nursing homes range from worsening conditions all the way to death. If you have a loved one who is being victimized in a nursing home environment, or if you believe that they are being victimized, the matter needs to be investigated. Contacting law enforcement is generally the best option if you are certain that there is some sort of abuse going on. It's very difficult for family members to intervene on their own in a way that will put an end to the abuse altogether.

Texas Father Shares Tragic Story About Texting and Driving

blog@www.jrlawfirm.com (Blog Author)67256 — Sun, 23 Oct 2011 08:00:00 EST

Students at Vista Ridge High School in Leander, Texas learned a lesson that many won't soon forget. The students were visited by Louis Neil, the father of a former student at the school.

Last spring, Neil's son Scott said goodbye to his parents and jumped into his car - it was the last time that they saw him alive. Evidence from the crash scene revealed that the teen had been texting while driving when he lost control of his car and slammed into a tree. An investigation by police showed that driver distraction was the primary cause of the fatal Texas car accident.

Although Neil stated that he can't bring his son back, he can take steps to honor his memory. He wanted to share their hard lesson about texting and driving with the seniors at Scott's old school in order to make sure no other parents had to go through the pain that he feels.

After the talk, the students signed a pledge agreeing that they would not text while driving.

Texting while driving is the cause of far too many teen traffic accidents in Texas. If you have a teen, be sure to talk to them about distracted driving. If you or your teen has been injured in a Texas distracted driving crash, be sure to speak with a Dallas personal injury attorney.

Arlington Considers Rail Safety After Union Pacific Train Crash

blog@www.jrlawfirm.com (Blog Author)66999 — Sat, 22 Oct 2011 08:00:00 EST

Although no one was hurt in an Arlington train accident last week, the dramatic Texas rail crash has city authorities and Union Pacific officials wondering what they can do in order to increase train safety along the rail line and prevent future injuries.

The train accident took place on October 1 when a locomotive engine traveling east collided with a stationary train near West Division Street. The crash, which could be heard for miles around, ended with damage to three different engines as well as five train cars. Roads in Arlington were closed for over a day following the accident. Union Pacific is still clearing the wreckage of the crash.

Arlington officials stated that the train wreck was an eye-opening event, as 600 people were gathered for a Boys & Girls Club event near the tracks, not very far from the accident site. Councilwoman Kathryn Wilemon said that she took the crash as a warning. Currently, city authorities are working with the train company to brainstorm ways to prevent future accidents.

The Federal Railroad Administration is investigating the accident and looking for the cause of the collision. In particular, the organization is attempting to learn whether fatigue could have been a factor in the crash.

Have you or someone you love been injured or killed in a Texas train or rail accident? Speak to the Texas train wreck attorneys at the Ransansky Law Firm to learn more about what caused your accident and whether you could be eligible for compensation.

Texas Distributor Sued in Listeria Tainted Cantaloupe Lawsuit

blog@www.jrlawfirm.com (Blog Author)66998 — Wed, 19 Oct 2011 08:00:00 EST

Yet another unsafe food lawsuit has been filed in connection with the recent listeria cantaloupe outbreak in Texas and across the region.

According to a report on Food Safety News, 68-year-old Doyle Underwood ate cantaloupe several different times throughout August and began to feel ill by the first days of September. He was diagnosed with listeria after his condition - which included muscle pain, mental confusion, and fatigue - became more and more serious. He spent a month in the hospital fighting the infection and regaining his health.

Health officials confirmed that his illness was connected to the listeria outbreak that killed over a dozen people and sickened many more.

With the help of a recalled food attorney, Underwood has filed a lawsuit against Jensen Farms, the operation that grew the tainted fruit; and Frontera Produce, the Texas company that distributed the cantaloupes.

Food poisoning can be an extremely harmful and even deadly issue that can lead to large hospital bills, weeks of missed work, and considerable pain and suffering. If you have been affected by the recent listeria bacteria outbreak or another tainted food product, the companies that produced and distributed the food could be responsible for damages. Contact a Texas tainted food attorney today to learn more about your case.

Dallas Car Wreck Lawyer | Three Ways to Winterize Your Car

blog@www.jrlawfirm.com (Blog Author)67045 — Wed, 19 Oct 2011 08:00:00 EST

Three Ways to Winterize Your Car

A good car keeps you safer on the road. In the winter, you'll have challenges related to handling, visibility and reliability that you'll have to address. You can take care of these concerns very easily by taking care of basic maintenance and by having the right equipment on board.

Reliability

You need to make sure your car will start reliably on cold days. In Dallas, this isn't usually much of a problem as the climate is pretty warm. There are days, however, when the chill in the air might be more than your car is ready to deal with and where you might have some issues with getting it started.

Get a tune up and an oil change before the cold weather sets in. You'll also want to make sure your radiator is flushed. If you get this done, you should be fine, provided your car is in good shape.

Visibility

You can get heavier wipers for the winter that are great for dealing with the occasional show or sleet. You'll also want to make sure you have plenty of wiper fluid. If the weather gets cold, any grime on your windshield will impact visibility more when it frosts over. Be sure to get your headlights checked, too, as it gets dark much earlier in winter.

Handling

Winter tires are the best solutions for snow. If you don't want to get them, at least get your brakes checked and your alignment and existing tires checked out to be sure they're all in good shape. Summer tires can have remarkably bad traction in even the smallest amounts of snow and sleet, so don’t underestimate what winter tires can do for you in terms of making your drive safer.

If someone injured you in a vehicle accident and you believe that negligence played a part, call car wreck lawyer. A car accident lawyer can determine if the driver that hit you left out some vital part of their vehicle maintenance or otherwise acted irresponsibly and injured you as a result. If they did, you might stand to receive compensation in a court of law or from a settlement. Never underestimate what an attorney might be able to do for you. They may well see a case in your situation that you haven't seen at all and it may end up with you receiving substantial amounts of compensation, if you were wronged by the other driver.

Texas Medical Malpractice Lawyer | What is a Medical Malpractice Settlement?

blog@www.jrlawfirm.com (Blog Author)67054 — Wed, 19 Oct 2011 08:00:00 EST

What is a Medical Malpractice Settlement?

There are instances you've probably heard of where a medical malpractice claim has been resolved as a settlement. In these instances, the plaintiff is offered an amount of money by the defendant as a way of avoiding going to court. There are actually very good reasons that people opt to take a settlement rather than going to court. Here are some of the things about settlements that make them a good idea, under certain circumstances.

The Benefits

The benefits of a settlement are financial. The defendant gets two things, at least, out of a settlement. First, they get to offer an amount that's less than the award being sought. This limits the amount that they'll have to pay for the claim. Second, they get to avoid going to court, which could cost them a lot of money.

The benefits to the plaintiff, in part, include similar ones. The plaintiff doesn't get everything they're asking for, but they at least get an amount they consider fair compensation and don't have to chance a jury not awarding them anything. The plaintiff also avoids paying the costs of going to trial, and this is just as important to them as it is to the defendant.

How Are They Offered?

A medical malpractice settlement will be offered at some point before the trial, sometimes very close to the trial and sometimes right away after the claim is filed. The settlement will be offered to your attorney and your attorney will discuss it with you to see what you think. If the amount being offered is close to what the attorney thinks is a realistic amount for you to get from a jury, they may recommend that you take the settlement. If not, they may ask the other party to offer more. Ultimately, however, the decision is up to you. Your attorney is there to advise, not to dictate.

If you need more information on how these claims can be won, contact an attorney for more medical malpractice information. These claims can end up paying out enough to offer substantial help to the person who suffered as a result of the medical malpractice. Because of this, it's worth talking to an attorney to see if you should pursue the claim. There are many people who are affected by medical malpractice every year, and suing is one of the ways that they can recover damages.

Fort Worth Accident Attorney | Follow These Tips To Avoid Being Hit By Those Following You!

blog@www.jrlawfirm.com (Blog Author)66541 — Wed, 12 Oct 2011 08:00:00 EST

Follow These Tips To Avoid Being Hit By Those Following You!

Accidents where you end up getting rear ended are among the most dangerous that you can be in. These accidents have a way of being total surprises, so it's easy to get hurt because you're not at all prepared for the impact. In many cases, the other driver fails to see you altogether, which means that they hit you at full speed, making the accident even deadlier. Here are some ways you can avoid being in such an accident.

Signal Early

Your signal should be on for at least 3 seconds before you turn. You need to give any drivers behind you plenty of warning when you're going to turn, particularly if you're turning right off of a busy street. A lot of rear end accidents happen because someone didn't signal in time and, when this is the case, it's hard to sue someone for hitting you.

Brake Lights

Tapping your brakes before you apply them fully can give some extra warning to drivers behind you that you're about to stop. This flash of your brake lights can catch their attention and make sure that they don't end up coming up behind you so fast that they can't actually stop before you begin to slow down for the turn. This is particularly useful in conditions where the roads are wet or icy.

Check Your Equipment

Make sure you check your brake, tail and signal lights from time to time. It's easy to have these go out and to be completely unaware that they have gone out. If your signals or brake lights are out, you're not only risking getting nailed for a violation by the police, you're also risking getting hit by a driver who had no way of knowing that you were slowing down or turning.

If someone rear ends you and it was their negligence was the cause of the accident, be sure you speak with a car accident lawyer. They can help you by seeing whether you have a case that has a chance of winning in court. A Fort Worth car accident attorney can make sure that your claim as the best chance of winning. You may also be offered a settlement. The first step, however, is talking to an attorney to see whether or not you have a case that might win. If they believe that you do, they may be willing to take you on a contingency so you don't have to pay up front.

Dallas Car Wreck Lawyer | Prepare your Trip, Prepare for Safety

blog@www.jrlawfirm.com (Blog Author)66543 — Wed, 12 Oct 2011 08:00:00 EST

Prepare your Trip, Prepare for Safety

Everyone needs to get out of the city once and a while. If you're planning on getting away from Dallas and getting in some driving time, make sure you to the following to your car so that you'll be safe on the road.

1: Tires

Get your tires checked out before you go. If you feel vibration when you're driving, it's sometimes caused by tires that have bulges on them. Any tire that is bulging is not safe to have on the road and you need to have it replaced immediately. You'll also want to have the tread looked at. Make sure your alignment is straight, too. Improper alignment can stress other parts of your vehicle.

2: Your Oil

Get your oil changed before taking a trip. This ensures that your car is getting enough lubrication. An oil change costs about as much as a tank of gas at most auto stores, less if you have an SUV or a large sedan. If you want to make sure you get the best performance out of your vehicle, oil changes are big parts of achieving that goal.

3: The Miscellaneous

Fill up your washer fluid and check your wipers. Check your mirrors, your taillights, blinkers and brake lights. These are all things that people do every day for fleet vehicles, but regular drivers almost never do these basic safety checks on their own cars. To make sure yours is ready for the road, you have to do these checks.

You should also put some extra water, food and other supplies in your vehicle before you go. This will ensure that, if something happens, you're prepared to deal with the situation. Travelling is much more enjoyable when you don't have to worry about ending up in a bad spot because of not having been prepared.

If someone injures you out there, you can still contact a car accident attorney in Dallas when you get home. A vehicle accident lawyer is the expert you'll need to determine whether or not you likely have some way of recovering damages from the person that injured you. There are some cases where you won't have this option but, sometimes, they can put together a lawsuit and help you seek compensation in court. If they can do as much for you, they may be able to get you enough to help you pay for any pain and suffering and property damage you've suffered.

Texas Nursing Home Lawyer | Who Commits Nursing Home Abuse?

blog@www.jrlawfirm.com (Blog Author)66549 — Wed, 12 Oct 2011 08:00:00 EST

Who Commits Nursing Home Abuse?

Instances where somebody is being abused at a nursing home are seldom isolated cases. Most of the time, if the nursing home isn't intervening to prevent the abuse of one patient, they are probably failing to intervene to prevent the abuse of other patients, as well. This means that the people who are being abused may be put at even more risk of being harmed because of the abusers not being held accountable for what they are doing to the residents of the nursing home. Abusive nursing home facilities tend to have long-term problems that are not remedied by one intervention.

Histories of Abuse

Most of the time, when somebody brings a lawsuit against a nursing home because of abuse or neglect, that lawsuit only represents one instance of abuse. There also may be a pattern of lawsuits over a long period of time that have been filed against the same nursing home facility. Nursing home facilities that do not take measures to stop abuse can end up becoming places where abusers are able to stay employed and find new victims on a relatively constant basis. This means that the facility itself may be a menace.

There are many different reasons that nursing homes end up allowing abuse to go on under their roofs. For example, the nursing home may be run by a corporation that doesn't particularly care about the people that they have at their facilities and that cares much more about how much money they make. If profits become more important than people in a nursing home setting, a scenario can be created where cost-cutting leads to opportunities for abusers and, in some cases, outright neglect of the residence of the nursing home. There are other reasons that abusive situations are created, as well.

If somebody you love was the victim of nursing home mistreatment, you can make certain that the next facility that they reside in is of a higher standard of quality. Take a look at the history of the nursing home, see if they have had lawsuits pressed against them and make sure that there are no complaints against them with any state licensing agencies. If you want to try to recover damages from the nursing home that abused your loved one, contact a lawyer for nursing home abuse cases. They can help you file a lawsuit and, if it is successful, you may receive a substantial jury award or settlement.

Cerebral Palsy Law Firm | Jury Awards for Cerebral Palsy

blog@www.jrlawfirm.com (Blog Author)66554 — Wed, 12 Oct 2011 08:00:00 EST

The Story Behind Jury Awards for Cerebral Palsy

Jury awards for cerebral palsy will not always be the full amount sought by the plaintiff. In some cases, reduced awards are given for one reason or another. The thing anyone pressing a lawsuit has to worry about more than anything else, however, is that they have a lawyer who is capable of upping their chances of winning a cerebral palsy lawsuit. You cannot guarantee a win with any lawyer, but you can seriously increase your chances of winning by hiring a professional who is up to the challenge and who has already proved as much on other cases.

What Juries are Concerned About

A jury will generally be asked whether or not negligence was present in the efforts of a doctor or a healthcare facility. This negligence must have been a factor in the child being injured. If the jury finds that this was the case, they may opt to offer an award to the plaintiff. There are some other ways that these cases can turn out, however.

The jury may find that you don't deserve any of the award that you're seeking. Lawyers are the first lines of defense against this happening. The decision is ultimately up to the jury but lawyers will try to avoid taking cases if they don’t believe that they have a realistic chance of winning. If they do believe that the case will win, they'll generally take it. Some of their payment arrangements require them to win the case or to win a settlement to even get paid for their time and effort into the claim.

The jury may not even be involved in the case, either. Sometimes, the party that you're suing will decide that you actually do have a very good case and they'll offer to settle for you. There are sometimes conditions attached to the settlement and your attorney will advise you of them and tell you what they think of those conditions. They'll also let you know whether or not they think you can get more money than the settlement consists of an, if so, how to go about getting it. It may mean negotiating more or it may mean just going to court.

Talk to a cerebral palsy attorney about whether or not you have a chance of winning your claim. They're the best people to ask. If they think your claim could win, they may want you as a client and offer to take your case.

Texas Day Care Owner Investigated For Drugging Kids, Physical Abuse

blog@www.jrlawfirm.com (Blog Author)65804 — Fri, 30 Sep 2011 08:00:00 EST

Kimberly Lane, the owner and director of Luv N Learning Child Development Center in Van Alstyne, Texas, is under investigation by other Van Alstyne Police and by the Texas Department of Family and Protective Services after daycare abuse allegations.

According to local news sources, an employee at the Texas day care center alerted authorities after she states she saw Lane crush up antihistamines and place them in the children’s milk before nap time so that they would be sedated. According to day care abuse experts, drugging the children could be dangerous and even deadly, especially for babies and children on other medications.

In addition, authorities say that there are other allegations against Lane regarding the general treatment of the children. She allegedly slapped children in the face, turned down the air conditioner if children misbehaved, or took away the blankets of kids who didn’t follow the rules.

Currently no charges have been filed against Lane and the Texas Department of Family and Protective Services has not yet taken away the woman’s day care license.

This shocking story of alleged daycare abuse shows that no all Texas daycare abuse incidents simply involve hitting children – dangerous daycare workers could also be harming children with medication or inhumane punishments.

Has your child become the victim of Texas daycare abuse? Speak with a Dallas daycare abuse attorney today and read our free guide, Preventing, Discovering & Acting on Claims of Daycare Abuse.

Allstate Best Driver Report: Houston & Dallas Still Low On The List

blog@www.jrlawfirm.com (Blog Author)65805 — Fri, 30 Sep 2011 08:00:00 EST

The Allstate Insurance Company has released its annual Best Drivers Report, which ranks the largest 200 cities in the country from best to worst when it comes to road safety and traffic accident rates. While cities like Fort Collins and Boise were praised for their low rate of car accidents, many cities in Texas, including Dallas and Houston, did not fare as well.

Dallas ranked a dismal 167th out of 200 on the 2011 report – only slightly ahead of the worst city for drivers in Texas, Garland. Garland ranked 177th on the list. Houston was ranked slightly higher, at 155th on the list. According to Allstate’s research, a Houston driver can expect to get into a car crash on average every 7.8 years, or 26 percent more often than the national average. The best drivers in Texas are in Laredo, where drivers can only expect an accident every eleven years, nine percent below the national average. They were ranked 28th in the best drivers report.

When it came to ranking traffic accidents in cities with a population over one million people, Houston and Dallas fared better than many other metropolises. Houston ranked fourth of nine, while Dallas ranked sixth. The least safe big cities for drivers? Los Angeles and Philadelphia.

Have you been injured in a car accident in Houston or Dallas? You may want to review your case with the help of a Texas personal injury attorney. Call us today to schedule a free meeting.

Texas City Woman Sues Doctor Over Loss Of Reproductive Ability

blog@www.jrlawfirm.com (Blog Author)65806 — Fri, 30 Sep 2011 08:00:00 EST

A Texas City woman has filed a TX medical malpractice lawsuit against a doctor who she alleges caused her to lose her ability to reproduce and to experience premature menopause.

According to the Southeast Texas Record, Sheneice Stewart underwent a series of procedures and surgeries in past years involving doctors Harlan Wichelhaus, Hemamalini Pilla and Michael Magliolo. These medical procedures resulted in the loss of the woman’s right fallopian tube and an ovary as well as the loss of her ability to produce female hormones and her ability to bear children. At the age of 29, Sheneice suffered from premature menopause, which involved hot flashes, insomnia, emotional trauma, and mood swings.

While physicians Hemamalini Pilla and Michael Magliolo have been dismissed from the Galveston County medical malpractice lawsuit, Harlan Wichelhaus remains accused of negligence and malice. Steward believes that the doctor’s diagnosis was incorrect and that his treatments and procedures were wrong and unnecessary.

This Texas medical malpractice case is a good example of how difficult it may be to put a price tag on injury. While it may be easy to determine how much Stewart’s medical bills were, it is much harder to know what it is like to lose the ability to have children.

Have you been harmed by a doctor’s diagnosis or treatment? Speak with a Dallas medical error attorney today about what happened and who was at fault. If you would like to learn more about medical malpractice laws in Texas, please download our free report, The Epidemic of Medical Mistakes & Understanding Your Rights.

Survey: Better Communication Could Prevent Texas Medical Malpractice

blog@www.jrlawfirm.com (Blog Author)65807 — Fri, 30 Sep 2011 08:00:00 EST

As lawmakers across Texas debate how best to fix the healthcare system and reduce the number of medical malpractice lawsuits, a new survey may have a surprisingly simple answer to the contentious issue.

The new survey, which was conducted in Austin, Texas, found that a number of medical errors and hospital misunderstandings could be avoided simply through better communication between doctors and patients.

Nine out of ten doctors said that many Texas medical malpractice lawsuits that were later dropped or dismissed could have been prevented altogether if initial communication between the physician and patient would have taken place. At the same time, seven out of ten patients agreed that miscommunication and poor communication by physicians can lead to medical mistakes and possible lawsuit.

Can medical mistakes be reduced simply through improved communication between health care providers and their recipients? While this fix sounds much simpler than full-blown medical malpractice tort reform, it seems that merely taking more time to talk could be one step toward creating a safer hospital environment for Texans. It is certainly not the only change that needs to be made, but it is an important one.

Have you been harmed because of a medical mistake in a Texas hospital or doctor’s office? Speak with a Dallas medical malpractice attorney today to learn more about your options for action. Do you want to learn more about the legal aspects of medical malpractice? Order our free report, The Epidemic of Medical Mistakes & Understanding Your Rights.

Listeria Outbreak Attorney | Largest Listeria Outbreak in a Decade

blog@www.jrlawfirm.com (Blog Author)65625 — Wed, 28 Sep 2011 08:00:00 EST

Deadliest Listeria Outbreak in a Decade

Federal health officials say at least 13 people are dead, including two in Texas, and 72 or more are sick due to the recent listeria outbreak - the United States' largest since 1998.

The outbreak has been linked to cantaloupes grown at Jensen Farms in Colorado. The fruit was voluntarily recalled in mid September, but for many Americans, it was too late.

Listeria is especially deadly for the elderly and vulnerable. This doesn't mean others shouldn't be worried. Although the average age of the deceased is 78-years-old, it has claimed the life of someone as young as 35-years-old.

People are encouraged to exercise extreme caution as listeria can take several weeks to develop. Our recommendation is to avoid any food product containing cantaloupe of any kind as some of the whole fruit was sent to Carol Cuts, LLC in Kansas to be used in fruit medleys and other products. When it doubt, it is always smarter and safer to just throw it out.

If you have been made sick or have lost a loved one due to contaminated or dangerous food, you may want to contact a recalled food attorney to discuss your legal options.

Drug Recall Attorney | The Darvon and Darvocet Recall

blog@www.jrlawfirm.com (Blog Author)65637 — Wed, 28 Sep 2011 08:00:00 EST

The Darvon and Darvocet Recall

Darvon and Darvocet are both painkillers and were among the most popular on the market. These drugs, as well as a host of others that contain the substance propoxyphene have been recalled from the market after it was discovered that they had potentially dangerous side effects. The FDA asked the manufacturer of Darvocet and Darvon to remove the drugs in November of 2010. The manufacturer, Xanodyne Pharmaceuticals has complied with the recall.

Why a Drug Recall?

A drug recall is usually only ordered when it is discovered that there are very dangerous side effects associated with the drug that were not immediately known. In some cases, it is a flaw in the manufacturing process that causes the deadly side effects. In other cases, it is simply the fact that the manufacturer failed to disclose the dangers that the drug posed to that leads to the recall. Pharmaceuticals are, by their very nature, dangerous products. Whether or not there is cause to sue the company over unsafe drugs depends upon the level of disclosure that the company engaged in when they released the drugs on the market.

Potential Impact

At the time that the withdrawal request was made by the FDA, there were approximately 10 million people taking Darvon, Darvocet or other drugs that contain propoxyphene. This ingredient was found to cause an irregular heartbeat in patients. For some patients, obviously, this is a condition that could obviously turn deadly very quickly. For all patience, abnormal heart rhythms do have the potential to develop into worse problems. The problems with Darvon, Darvocet and other drugs that contain propoxyphene were found to be present at regular dosages, meaning that the average patient prescribed these drugs could reasonably anticipate that they might suffer these side effects.

Lawyers

If you have been treated with the drug that contained propoxyphene and have suffered irregular heart rhythms, you may wish to contact a defective products attorney. Cases against drug companies that allege damage due to their products being inherently dangerous in a way that was not disclosed to consumers are handled by product liability attorneys. You can usually meet with one of these attorneys at no cost to yourself and let them determine whether or not you have a lawsuit that's worth pursuing. With so many patients having taken propoxyphene drugs, it is likely that there will be quite a few lawsuits to come over these drugs.

Lawyers for Medical Malpractice | Tort Law Is NOT There To Protect You

blog@www.jrlawfirm.com (Blog Author)65638 — Wed, 28 Sep 2011 08:00:00 EST

Tort Law Is NOT There To Protect You

If you listen to some news outlets, you might get the impression that doctors are so set upon by frivolous medical malpractice claims that they cannot even practice medicine. According to a new report in the New England Journal of Medicine, the truth is not quite so black and white. Doctors do have a lot to worry about where being sued for medical malpractice is concerned. There is a big difference between being sued and having to pay out a claim, however.

It's Not an Automatic Win

According to the study, most doctors will be sued for physician malpractice at some point during their careers. The likelihood of their being sued is directly related to the type of medicine that they practice. For example, a doctor who practices neurological medicine is at a much higher risk of being sued than is a psychiatrist.

What's potentially more interesting than the fact that the odds of being sued change with the type of medicine being practiced is how often medical malpractice lawsuits actually win. According to the study, only one in five of the lawsuits filed against doctors result in the doctor having to pay a settlement or jury award. Contrary to the popular perception of medical malpractice law, the plaintiff really does have to do their work to get a jury award or a settlement out of one of these claims.

Malpractice is Real

The other big myth about medical malpractice law centers on the idea that most of the lawsuits filed against doctors are frivolous. This is not at all the case. Going to court over medical malpractice is by no means a guaranteed win for the plaintiff. It is also a great deal of work and, quite often, it involves having to disclose things in front of the jury that most patients would rather not speak about in public. Filing a medical malpractice lawsuit is a big decision and it is in no way akin to a get rich quick scheme for people who are a bit too enthusiastic about filing lawsuits.

Your Lawyer

The best way to get representation if you're filing a medical malpractice claim is to go with an attorney that works on contingency. Lawyers for medical malpractice that work under such an arrangement doesn't get paid and less they win your claim. This means that the attorney is also taking a risk in pursuing your claim.

College Station Teen Dies in Texas Auto Collision While Skateboarding

blog@www.jrlawfirm.com (Blog Author)65352 — Sun, 25 Sep 2011 08:00:00 EST

A 14-year-old boy was killed in a Texas pedestrian accident while skateboarding in College Station this week. The accident occurred when a Texas Department of Public Safety cruiser struck the teen while he was crossing the road at just around 1 a.m. on Wednesday morning.

According to the Associated Press, the boy - identified as Mark Harding Jr. - was crossing Rudder Freeway's southbound service road in south College Station on a skateboard when he was struck by Trooper Justin Stohler, an on-duty DPS officer.

Harding suffered a traumatic head injury in the crash. He was rushed by ambulance to College Station Medical Center where he later died. Another boy - who was also on a skateboard and crossing the street at the time of the accident - was not injured; however, he did not attend school the next day.

The service road was closed for nearly six hours after the accident took place.

It is not known if either boy was wearing a helmet or what caused the fatal Texas traffic accident to take place.

Grief Counselors were on hand at College Station Middle School where Harding attended classes. The second teen attends A&M Consolidated High School.

This tragic loss of life is a reminder to teens and parents across Texas to be aware of skateboarding safety and to follow the rules of the road no matter what type of vehicle you are operating.

The Houston pedestrian injury lawyers at Rasansky Law Firm offer our deepest condolences to the family and friends of Mark Harding Jr.

Unsupervised Newborn Killed by Family Dog in Cypress, Texas

blog@www.jrlawfirm.com (Blog Author)65125 — Wed, 21 Sep 2011 08:00:00 EST

A 13-day-old baby has died after being attacked by the family dog in a quiet neighborhood in Cypress, Texas.

According to local news sources, the baby boy was in a swing in a room in the home while the boy's mother watched the swing from outside of the house. She watched as the dog approached the baby, sniffed, and then attacked. The baby's grandfather was also in the home at the time of the Texas dog attack, but was not supervising the baby.

The grandfather called 911 and emergency responders were soon on the scene. The baby was airlifted to a Texas hospital by a medical helicopter, but died of his injuries a few hours after the dog bite incident.

The District Attorney's office is investigating the fatal dog attack incident in order to determine if negligence charges are necessary. The dog - a 100-pound lab mix - is being quarantined at a local animal shelter.

This tragic story is a sad reminder to all parents to never leave a baby or a small child in the same room with a dog - even if it is the family pet that you don't believe is aggressive or dangerous. Even dogs without a bite history can lash out against a new addition to the family. Children can also accidentally instigate an attack by falling on a dog or pulling its fur or ears.

If you or a loved one has been harmed in a dog attack in Texas, speak with a Houston dog attack lawyer today about your case.

Montgomery County Slows Search for Man Who Wandered From Nursing Home

blog@www.jrlawfirm.com (Blog Author)64518 — Thu, 15 Sep 2011 08:00:00 EST

The Montgomery County Sheriff's Office has announced that they will shrink the search operation of a Texas nursing home resident who wandered from his facility last week.

According to Houston news sources, 73-year-old Virgilo Kison wandered out of an exit door of the Pine Shadow Retreat Nursing Home on the evening of August 21. Rescuers have been organizing search parties in the area ever since. However, after more than two weeks of searching, authorities have stopped using the services of Texas EquuSearch, a search and rescue organization based in Houston.

Kison is a Pacific Islander. He was last wearing a white, short-sleeved, button-up shirt and tan slacks the last time he was seen. He suffers from a number of physical and mental health issues which make it imperative that he is found, including schizophrenia, dementia, Parkinson's disease and diabetes.

Anyone with information on Virgilo Kirson is urged to call the Montgomery County Sheriff's Office at (936) 760-5876.

Sadly, Texas nursing home wandering incidents are more common than you might think. In some cases, they are the result of a short-staffed and negligent nursing home that does not properly care for its residents. If you have a loved one that has been harmed during a wandering incident, contact a Texas nursing home neglect attorney today.

La Marque Man Files Texas Personal Injury Lawsuit After Hit-And-Run

blog@www.jrlawfirm.com (Blog Author)64514 — Tue, 13 Sep 2011 08:00:00 EST

A Texas man has filed a Galveston County personal injury lawsuit against a towing company after the man claimed that a tow truck struck his vehicle and then left the scene of the accident.

According to local news sources, Richard Coles, of La Marque, was driving a vehicle on the feeder road alongside northbound I-45 when he slowed for traffic. The truck driving behind him, a Challenger Towing Inc. truck driven by Dickinson resident Grady Bolton, failed to slow down with traffic and rear-ended Coles. He suffered serious injuries and his car was totaled in the crash. Bolton allegedly fled the scene of the Houston truck accident.

The court documents state that Cole is suing for unspecified monetary damages and claims that Bolton failed to keep a proper lookout, failed to keep a reasonable distance, and failed to brake. The court papers also state that Bolton was speeding in the moments before the crash.

It is unclear how the tow truck was located after the crash or whether that vehicle incurred damage during the collision.

Have you been involved in a Houston truck accident or a Texas hit-and-run accident? Be sure to speak with an experienced and knowledgeable TX personal injury attorney about whether or not you could receive compensation in the wake of your crash.

Product Liability Lawyer Dallas Texas | Biophosphates and Esophageal Cancer

blog@www.jrlawfirm.com (Blog Author)64096 — Wed, 07 Sep 2011 08:00:00 EST

Biophosphates and Esophageal Cancer

Biophosphates are a group of drugs that are used to treat osteoporosis. Currently, the FDA is investigating whether there is an increased risk of esophageal cancer that results from use of these drugs. The FDA, according to MedScape.com, has not reached a conclusion on this matter. There have been contradictory conclusions reached by different studies about whether or not this group of drugs is linked to an increased risk of this type of cancer, which is a particularly dangerous type of cancer.

The Drugs

Aredia, Boniva, Fosamax and Zometa are all drugs that fall into the category of Biophosphates. These drugs are taken orally and, currently, the FDA is urging physicians to make certain that there patients understand the correct way to take these drugs. The drugs need to be taken, according to the FDA, with a full glass of water right away in the morning. They are also asking patients not to lie down for at least half an hour to a full hour after having taken the drug. The concern is that doing so causes the drug to wash back up the esophagus.

At present, the FDA does not believe that there is enough evidence that this drug is linked to esophageal cancer to constitute endoscopic examination of the people who have taken it. However, patients who do have symptoms may want to contact a doctor to see if they are at risk of esophageal cancer.

Drug Recalls

If Biophosphates end up being recalled, it will certainly not be the first time that drugs have been recalled because they proved to present a threat to patients. Numerous other drugs have been taken off of the market because of the side effects that they have been shown to exhibit. Accutane, for instance, was removed from the market once it was found that it had a connection to Crohn's disease, a debilitating bowel disorder.

If you believe you have been prescribed unsafe drugs without having all of the side effects disclosed to you beforehand, you may want to contact a defective product attorney. They may be able to help you file a lawsuit against the manufacturer that could get you compensated for the pain and suffering and the medical expenses you endured. Because being exposed to these drugs and not being warned beforehand that you may have been putting yourself at risk for devastating side effects related to their usage can entitle you to compensation.

Product Liability Lawyer Dallas Texas | Protect Yourself Against Unsafe Drugs

blog@www.jrlawfirm.com (Blog Author)64102 — Wed, 07 Sep 2011 08:00:00 EST

Protect Yourself Against Unsafe Drugs

Unsafe drugs have affected millions of people around the world. There are cases where drugs that are known to be dangerous are used to treat conditions that are deadly and where the tradeoff in safety is considered acceptable. Chemotherapy, for instance, comes with devastating side effects but the patients who are fighting cancer and who elect to undertake these treatments sometimes have no other choice. In these cases, however, the side effects are disclosed and the patient is afforded the opportunity to make an informed choice about the risks and the potential rewards of the therapy.

Nondisclosure

Problems arise when patients are given a drug and are not fully informed about the potential side effects. These side effects, if they had been disclosed in these cases, may have been regarded as too risky by the patient and the drug turned down for that reason.

There have been a host of drugs that have been recalled from the market over the years. Accutane, for instance, was the subject of a drug recall when it was found to cause bowel disorders, among other side effects. Seroquel has been implicated in higher incidences of diabetes among its users. Though it is still on the market and still prescribed for the treatment of psychotic symptoms, attorneys around the nation are preparing lawsuits for individuals who believe that they were not informed of the risks of this drug before they were prescribed it for conditions such as bipolar disorder.

When drug companies fail to disclose the full range of side effects that can result from the use of their products, they put patients at risk. When those risks end up costing the patients in terms of medical expenses and pain and suffering, lawsuits are sometimes the best option for those patients.

Filing a Lawsuit

Lawsuits against drug companies are filed under defective products law. If the risk of the product was not disclosed, there was a flaw in the design of the product, or in the manufacturing of the product, than defective product laws are used. There are several drugs that are currently being examined for these claims. If you have suffered unexpected side effects from Biophosphates such as Fosamax, Aredia, Boniva or Zometa; side effects from Chantrix or side effects for Darvocet, for instance, and those side effects were not disclosed to you, you may want to contact an attorney about filing a claim.

Dallas Product Liability Lawyer | Out-Of-Control Birth Control: Yasmin and Its Side Effects

blog@www.jrlawfirm.com (Blog Author)64106 — Wed, 07 Sep 2011 08:00:00 EST

Out-of-Control Birth Control:

Yasmin and Its Side Effects

Yasmin and Yaz are both names for birth control products that have been linked to a condition called deep vein thrombosis. Deep vein thrombosis is a potentially deadly condition that involves a clot forming deep in the tissues of the body. When this clot breaks free, it can travel to the lungs and heart and even the brain in a very short amount of time, causing a pulmonary embolism, heart attack or stroke. These birth control products are among the fourth-generation progestin products and they have been very popular.

Brand Names

You may have seen these drugs sold under the brand names Ocella and Tiva, in addition to the names Yasmin and Yaz. The drug is manufactured by the Bayer Corporation and contains a synthetic progestin known as Drospirenone. The synthetic progestin is suspected to be the cause of the problems with this birth control product.

There are currently cases being pursued against Bayer regarding these products. A class-action lawsuit has also been formed out of the many different Yasmin lawsuits that have enough of a commonality between them to allow for this sort of a legal remedy.

In studies, blood clots have been shown to occur in women who have no history of blood clotting in their family and who are using the Yasmin birth control product. There have also been reports of this drug being associated with gallbladder disease,

Yasmin is prescribed for reasons other than birth control. This drug is also prescribed for treating premenstrual syndrome and for treating another disorder known as premenstrual dysphoric disorder. If you have suffered deep vein thrombosis and are interested in speaking with an attorney about whether or not this drug played a part in it, you can contact a defective product attorney to see whether or not your case may have merit.

Remember that product liability attorneys in Texas are not all equal. Be sure you pick one with a lot of experience and that will take the time to sit down with you for free consultation. If you're dealing with a product liability claim against the drug company, you will be dealing with one of the largest companies in the world and certainly one with enough resources to defend itself very well in court. This is why you want to make certain that you have top-notch legal representation behind you if you decide to take your claim to court to seek a jury award.

Texas Medical Malpractice Attorney | Case Settled For Death Caused by Medical Malpractice

blog@www.jrlawfirm.com (Blog Author)64107 — Wed, 07 Sep 2011 08:00:00 EST

Case Settled For Death Caused By Medical Malpractice

The family of a Texas woman who died after aspirating on a nasal pack recently settled their claim for $350,000. The woman was only 29 years old and the incident occurred while she was recovering from a surgery. Joella Johnson had several different procedures performed in 2007, according to OutpatientSurgery.com, but eventually died in recovery.

In Johnson's case, her procedures finished with the attending surgeon packing her nostrils with surgical sponges, according to the article. These sponges were secured with sutures. During the recovery process, the anesthesiologist performed a procedure called a deep extubation, which is believed to be what caused the sutures to fail. The sponge eventually ended up in the patient's windpipe.

The doctors tried to save the woman, but complications arose from the aspiration and she died shortly thereafter. The packing was found in the woman's throat. The family sued over the incident and settled for $350,000 in damages.

Wrongful Deaths and Medical Malpractice

Medical malpractice claims, unfortunately, sometimes involve a death that should not have occurred, such as Joella Johnson's case. The family has the option to sue for these incidents in certain cases and, with the help of a good lawyer, sometimes manage to get a jury award or a settlement in compensation for their loss.

The hardest part of these cases is trying to put a price on the loss of someone's life. The lawyers help the families to do this and they take into account many different factors. It's not an arbitrary number and much of the figure is derived from the expenses the family has and will have to endure. In many cases, these awards and jury settlements keep the family from ending up in a much worse financial situation on top of the tremendous losses they've already suffered.

Contact an Attorney

Physician malpractice, as this and many other cases readily establish, can be deadly. A medical malpractice attorney helps families to recover the financial damage from these incidents which, despite the loss of the person being the worst possible scenario, is still an important factor for the family. Attorneys can work with you to determine whether or not you have this option if your family was the victim of one sort of malpractice or another, whether or not it resulted in the death of a loved one. The pain, suffering and tremendous expenses that these cases can result in are oftentimes too much for the family to face on their own.

Dallas Medical Malpractice Laywer | Medical Malpratice: 3 Facts Of The Law

blog@www.jrlawfirm.com (Blog Author)64108 — Wed, 07 Sep 2011 08:00:00 EST

Medical Malpractice: 3 Facts Of The Law

Texas has some rather restrictive requirements for medical malpractice claims compared to other states. You need to understand what you have to do to move forward with a case. The vast majority of these issues will be handled by your attorney, but the first one is in your court.

Statute of Limitation

There is a two year limit on how long you have to bring a lawsuit after a breach of duty by a doctor. For minors under 12, the statute extends to their 14th birthday. This time limit starts from the time of the breach of duty. Texas is a bit different than is the statute in many states. If the problem wasn't discovered in time to meet the statute, you cannot bring a claim. Most places have this statute start when the breach is discovered, but in Texas that doesn't apply. This doesn't apply if the breech was concealed purposefully by the plaintiff, however.

Damage Caps

There is a complex system of damage caps in place for Texas medical malpractice suits. These include a $500,000 cap on damages for wrongful death; this figure is in 1977 dollars and is adjusted for inflation, so the actual amount is different. Your lawyer will explain to you how damage caps apply to the amount that you may seek as part of your claim.

Expert Testimony

There are very detailed requirements in regards to expert testimony and, of course, as to what constitutes an expert in the eyes of the law. Your lawyer will make sure you have experts available to back up your claim. This is a good reason to make sure you choose a lawyer that has experience and connections when you decide to go forward with a malpractice claim.

Physician malpractice can end up costing families a great deal of money. In the worst possible cases, it can end up costing someone their life, as well. Lawyers for medical malpractice understand the law and how to work within it so that they can give their clients the best possible chances of winning their claims.

Sometimes an attorney will work with you on contingency. If you're concerned about losing your lawsuit and being stuck with legal fees, this agreement allows you to avoid that. Under a contingency agreement, you'll only be billed if the attorney manages to win your claim and won't have to pay anything if they don't. A settlement constitutes a win.

Physician malpractice
Lawyers for medical malpractice

Dallas Nursing Home Negligence Attorney | Whistle Blower: How to Investigate Nursing Home Negligence

blog@www.jrlawfirm.com (Blog Author)64110 — Wed, 07 Sep 2011 08:00:00 EST

Whistle Blower: How to Investigate Nursing Home Negligence.

In some cases, people may have a sense that something is wrong with the level of care delivered at a nursing home but fail to look around enough to notice that there are clear signs of abuse present. Unfortunately, this leaves the residents of such a facility in a position where they're likely to be abused even further. You can not only help your loved ones, but help other residents as well, by keeping an eye out for the signs of an abusive facility.

Staff Interactions

If the staff knows that you are visiting a relative, they are likely to be on their best behavior around that relative and to make certain that you get a good impression of the care that is being rendered. It's a good idea to take a look at how they interact with other residents while you are at the facility, however. They may not expect you to be noticing if they are abusive, rude or neglectful to other residents. See if the residents seem to have adequate assistance when they need it and if the facility seems clean and professional overall.

When you are watching the staff, they should be professional and exhibit all of the signs of competence that you would see in the staff that worked at a hospital or at any other medical facility. They are responsible for delivering a certain level of medical care and their appearance and mannerisms should reflect that fact. If the facility your loved one is in seems unprofessional, you may want to consider whether they should remain in that facility any longer.

Interactions with Residents

In a nursing home environment, there will be many different people crammed together in the same living space. It's inevitable that some of them are not going to like each other. There should not, however, be situations where your loved one feels bullied or threatened by other residents or where you see bullying or threatening by other residents going on. This is a sign of inadequate supervision and people have been killed in nursing homes in residence on resident violence.

If your loved one has been affected by nursing home mistreatment, you may want to consider contacting an attorney about the matter. Nursing home abuse attorneys can help you to determine whether or not negligence likely played a part in the care your loved one received and whether or not you have an option to sue.

Dallas Nursing Home Negligence Attorney | False Claims: What They Won't Tell You

blog@www.jrlawfirm.com (Blog Author)64117 — Wed, 07 Sep 2011 08:00:00 EST

False Claims: What They Won't Tell You

One of the things that nursing home abuse attorneys can represent clients for is the practice of nursing homes filing false claims for treatments that are not rendered. There was recently a lawsuit filed in Kentucky for this type of claim against a nursing home provider that has been the subject of several other lawsuits in the past. Not only do these types of false claims put the family on the hook for all the money involved in rendering the treatments, they constitute one of the worst types of abuse in nursing home environments.

Sloppy Care

Anybody in a nursing home who requires extensive care to be rendered to them is certain to accumulate very high bills during their stay. The family has the right to assume that the care they are paying for is being rendered in a competent and compassionate manner. In some cases, the nursing home staff fails to render that care and puts the patient at risk of illness and death. Unfortunately, it's difficult to find a reliable source of information in these situations. The person who is actually receiving the care may suffer from Alzheimer's or dementia and may not be a reliable witness. The family sometimes has to rely on their instincts and their observational skills to see if there is a problem.

Some of the things you'll want to watch out for include bedsores, infections, rapidly deteriorating conditions and sudden weight loss. If somebody is confined to their bed most of the time because of their physical health having deteriorated, they should be regularly repositioned to ensure that they do not develop bedsores. Infections sometimes occur because the patient has a weakened immune system but, if they occur over and over again, it may be a sign that they are not receiving as much attention as the family believes.

Speaking to an attorney after the victim has been removed from the facility is a good idea. When people seek compensation in these cases, it is oftentimes because they have already paid huge medical bills to the nursing home facility without their loved one ever having received the care for which they were billed. This is not only unfair: it also puts the person who was supposed to be receiving that care and genuine risk as most of the treatments that the family is expecting them to receive are genuinely matters of life and death.

Texas Nursing Home Neglect Attorney | Signs of Nursing Home Neglect

blog@www.jrlawfirm.com (Blog Author)64121 — Wed, 07 Sep 2011 08:00:00 EST

Signs of Nursing Home Neglect

Detecting nursing home mistreatment sometimes means that you need to look for the signs of neglect. Not all nursing home abuse constitutes an employee of the facility seeking to physically harm a patient. In some cases, neglect in nursing homes causes problems that are just as great, and sometimes greater, than the problems that come with outright abuse.

Common Signs

When a patient in a nursing home is being neglected, one of the most common signs is that they will exhibit poor hygiene and the symptoms that come along with not getting out of bed often enough. For example, they may have a bad odor about them, dirty hair, unkempt nails and other signs of not being cared for enough when they can no longer do it themselves. Nursing home neglect also causes patients to have problems maintaining weight and, in some cases, they may drop quite a bit of weight in a short amount of time.

Nursing home neglect oftentimes causes psychological symptoms, as well. The symptoms are usually related to depression, as the patient will feel isolated and, provided that they are still cognitively able to understand their situation, they may feel a bit ashamed of not being able to take care of themselves the way they used to, particularly if nobody else is helping them do it.

Medications and treatments that are no longer working as they did before are other signs that there may be neglect going on. Many patients in nursing homes require almost constant monitoring to make certain that they are in good physical health. If you see the signs of your loved one not receiving the treatment that they need, you may want to consider speaking with their physician to see if the physician can schedule an appointment to see if something seems wrong.

One of your options in these situations, provided that the abuse and neglect have stopped, is to contact a lawyer to see if you can file a lawsuit to seek compensation. In some cases, an attorney will be able to help you file a successful lawsuit that could win you compensation for the neglect that your loved one has suffered and for the medical expenses and other expenses that have been incurred because of it. Speaking to an attorney is the first step in determining whether or not you have this option.

Texas Nursing Home Neglect Attorney | Who Is Responsible For Home Care for Elders?

blog@www.jrlawfirm.com (Blog Author)64123 — Wed, 07 Sep 2011 08:00:00 EST

Who is Responsible for Home Care for Elders?

Elderly people, like anyone else, would most often prefer to remain in their own home if they need medical care. For some elderly people, this is a good option and it offers them an environment that is better for their health and that affords them the dignity of their independence, with a little bit of assistance here and there from a professional. There are varying levels of home care that people pay for, including live-in professionals and professionals who just stop by once in a while to make certain that everything is okay. These agencies are responsible for what they do legally speaking, just as regular nursing homes are.

Rendering Assistance

Anybody who is employed as a home care professional has certain obligations to their patients. The agency that they work for has an obligation to make certain that the people providing care are qualified and capable of handling the challenges that are unique to each of their clients. Some of these clients will need somebody who has advanced education, such as a registered nurse and others will simply need somebody to help with laundry, dishes and cooking.

When you purchase services from one of these agencies, they do owe you the duty of providing the services that you are paying for. If they do not, you may have grounds to file a lawsuit to seek compensation for the money you wasted on services that were never rendered. It's always a good idea to keep in close contact with these agencies so that you get an idea of how professional they are and how much time they spend supervising their employees. Ideally, the entire agency should work as a team to make certain that the care their clients need is rendered to them in the most beneficial way possible.

Abuse and Neglect

There are situations where homecare patients are abused and neglected by the services that they hire. These can sometimes be difficult to spot, as there is less supervision by the agency in these cases. If your loved one has been the victim of abuse and neglect, you may have an option to get compensation.

Nursing home abuse attorneys can handle cases that are filed against homecare providers. A lawyer for nursing home abuse cases will be able to determine where negligence may have played a part in the abuse that your elderly loved one suffered and be able to help you remedy the situation.

Texas Auto Accident Attorney | Finding to Find a Good Lawyer

blog@www.jrlawfirm.com (Blog Author)64125 — Wed, 07 Sep 2011 08:00:00 EST

How to Find a Good Lawyer

People tend to have some reservations about hiring a vehicle accident lawyer and it is fair, there are some lawyers out there who aren't very good at what they do. You can look for some things, however, that can determine whether or not the lawyer you're considering is worth your money. First and foremost, make sure they're working on a contingency. This means you don't have to pay them if they don't win your claim, which protects your money from being wasted on a losing lawsuit.

Experience

An auto accident lawyer in Dallas that doesn't have a lot of experience filing these cases is not the kind of lawyer that you want to go with. Vehicle accident cases can actually get very complex. The circumstances of the accident have to be investigated and the lawyer has to be able to take all of this information and put it together into a coherent case that can be argued convincingly in front of the jury. The jury will ultimately determine whether or not you get any money for your claim, so you want to make certain that the person talking to the jury on your behalf is very good at what they do.

Honesty

The attorney should be listening to you, not telling you what happened to you during your accident and after it. A good attorney functions to find out the facts of the case and to determine how the client was wronged. When they determine how the client was wronged, they honestly describe to the client what their options are as far as filing a lawsuit is concerned. An attorney who is working on a contingency has absolutely no motivation to go to court if they don't think you have a claim. They're not collecting any money from you if they lose anyway, so they're only going to want to take cases that they know are going to have a good chance of winning.

Helpfulness

A good attorney will help you every step of the way with your case. If you do end up having to go to court, which will happen if the other party doesn't offer a settlement, they will help you to be ready to testify and they will make certain that you understand what going to court entails. It's generally not as bad as people think it will be and, with a good attorney representing you, you can be sure that you will have someone there to guide you through the process.

Dallas Car Crash Attorney | Bad Driving Can Raise Your Taxes?

blog@www.jrlawfirm.com (Blog Author)63524 — Tue, 30 Aug 2011 08:00:00 EST

Bad Driving Can Raise Your Taxes?

Car wrecks already cost drivers huge amounts of money every year. A new law that is being considered in New York may make those fees even higher. According to an article in NewsJunkyJournal.com, the mayor of New York, Michael Bloomberg, is proposing that there be a fee assessed to drivers when they cause a wreck.

Expensive Response

Whenever there is a vehicle wreck, there is some considerable cost involved. The cost of rolling out an ambulance with paramedics and law enforcement personnel can be very high. You also have to consider that the time that those professionals are spending at the wreck is time that they're not spending dealing with other issues. This costs cities, states and other agencies a lot of money. Dallas is a huge city, so you can imagine how much it costs to get these emergency services anywhere in the city in a flash.

The tax being proposed in New York would be graduated dependent upon the situation. For example, causing a fire without injuries

would cost the driver less than causing a fire with injuries. This is designed to lower the cost to the city for dealing with those expenses. According to the article, 13 states have already outlawed these types of taxes being assessed against drivers.

Other Remedies

No matter whether or not the drivers involved in a wreck have to pay crash fees, they usually end up with some significant expenses, nonetheless. If they're found to be at fault, they can be sure that their insurance rates are going to go up, even if their insurance covers the costs of repairs to their and the other party's vehicles. They may also end up paying for property damage and other costs related to the wreck.

If you've been in a wreck and have been injured, had your property destroyed or suffered other expenses, consider speaking with an attorney about the matter. One remedy victims have is going to court. A Fort Worth car accident attorney may be able to help you get relief in the form of a lawsuit and, if the jury finds in your favor, it could be worth a lot of money. There's no guarantee you'll win these cases, but having a good vehicle accident lawyer represent you certainly increases the odds that you will and may help you deal with some of the extremely high costs of being in a wreck!.

Dallas Car Crash Lawyer | HELP! How Do I Deal With the Insurance Company?

blog@www.jrlawfirm.com (Blog Author)63530 — Tue, 30 Aug 2011 08:00:00 EST

HELP! How Do I Deal With the Insurance Company?

One of the most frustrating situations that drivers have to deal with is when their insurance company fails to pay claims that the driver knows should be paid. This can happen for many reasons. The overarching reason, however, is that insurance companies have a profit motive for not paying off claims. They make their money by collecting premiums, not by paying claims.

The Situation

Sometimes, the driver will bring the situation on themselves by describing the accident inaccurately to the insurance company and in a way that makes it appear that the driver was at fault. The insurance company may also send out people to examine the accident and come to the determination that they don't have to pay the claim for one obscure reason or another. Either way, these situations oftentimes leave drivers in a very tight spot. Without reimbursement to help them pay for their vehicle and their injuries, these drivers end up facing down all of these expenses themselves.

Getting Help

One of the things that makes dealing with an insurance company difficult is that you are always dealing with them on their terms. What you're dealing with is a tremendously complex bureaucracy that is designed to protect their profits. In some cases, insurance companies are very good and reliable and they make every effort to keep their customers happy and pay them when they deserve it. In other cases, the bureaucracy just happens to be oriented against the customer and the customer ends up being at a tremendous disadvantage. This is when you may want to contact the Fort Worth car accident attorney to help you deal with the company.

An attorney will understand the legal obligations that the insurance company has to you. If they owe you money and they're trying to dodge it, the attorney may be able to help you find ways to deal with them. If you are in a wreck and you haven't spoken to your insurance company yet, you may want to consider talking to a car accident attorney in Dallas first. They can make sure that you handle it correctly and that you don't set yourself up for a bad situation down the line. It's important to have a plan, even when you're in a situation that is very stressful and you're worried about how things are going to turn out financially for you after you've been in a bad wreck.

Fort Hood Soldier Killed In I-35 Motorcycle Accident

blog@www.jrlawfirm.com (Blog Author)62903 — Mon, 29 Aug 2011 08:00:00 EST

A solider from Fort Hood was killed in a one-vehicle motorcycle accident in the early hours of Sunday morning on Interstate 35 in Texas.

According to local news sources, 27-year-old Reggie D. Hudspeth of Fort Hood was merging on to I-35 from Highway 190 when he lost control of his motorcycle and slammed into the median dividing the two sides of the interstate. Emergency responders rushed the man to Scott & White Hospital in Temple by ambulance, but Hudspeth soon succumbed to his traffic accident injuries. It is not known if speed or alcohol were factors in the crash, which took place just after midnight.

The man had served one tour in Iraq and one tour in Afghanistan.

Unfortunately, the rate of motorcycle accidents among recent veterans and current soldiers has skyrocketed in recent years across the country and in Texas. Many believe that the link between motorcycle fatalities and those who have served in combat is related to the soldiers’ experiences overseas and the difficultly that many soldiers have acclimating to life in the United States after spending time defending us in Iraq and Afghanistan. Others simply believe that the rise in accidents reflects an already-proven link between young men and men in their 20s with motorcycle accidents and injuries.

Do you have a loved one that was injured or killed in a Texas motorcycle accident that wasn’t their fault? Speak with a Dallas personal injury attorney today about the details of your case and find out if you deserve compensation.

2011 Commercial Vehicle Roadcheck Shows Seatbelt And Logbook Violations

blog@www.jrlawfirm.com (Blog Author)62902 — Sun, 28 Aug 2011 08:00:00 EST

The Commercial Vehicle Safety Alliance (CVSA) conducted their 2011 Roadcheck Campaign, a three-day program that promotes commercial driver education and protects against commercial vehicles violations. This year, the results were mixed: while general safety improved for commercial truck and bus companies, there is still much room for improvement and compliance.

Over 72 hours, the CVSA inspected over 70,000 large commercial vehicles in 2,550 locations across the country. All in all, roughly 81 percent of vehicles were in compliance with federal standards, while over 95 percent of drivers were in compliance.

What were some of the issues that drivers faced this year? The CVSA, a non-profit organization, reported a number of seat belt violations as well as log book violations. In fact, more than half of the violations for drivers centered on log book issues – federal safety violations that can lead to tired truckers, driver fatigue, and falling asleep at the wheel. As for vehicle violations, break, tire, and headlight issues were among the most common issues, along with under-the-radar trucks carrying household goods falsely operating as rental trucks.

Unfortunately, as you can see, five percent of drivers and twenty percent of commercial vehicles on the road today are violating safety standards. If you have been involved in a truck or bus accident, it is vital that your crash is properly investigated to make certain that the commercial vehicle that struck you was not in violation of the law. Call a Dallas truck accident attorney for more information.

Jasper County Construction Worker Struck And Killed By Passing Motorist

blog@www.jrlawfirm.com (Blog Author)62901 — Sat, 27 Aug 2011 08:00:00 EST

A construction worker who was directing traffic during a road work project on Farm Road 105 in Jasper County was struck and killed by a sports utility vehicle this week.

According to a local news station, the accident took place at eight in the morning on Wednesday. Witnesses say that one car was stopped for the construction worker when a quickly approaching car swerved to miss the stopped vehicle and instead slammed into the construction worker, who was holding a stop sign. The worker, 23-year-old Michael Lorie of Jasper was thrown 25 feet and died at the scene of the traffic accident. The driver of the car, 29-year-old David Lee Williams of Buna, was not seriously injured in the wreck. Charges are expected to be filed against Williams, though not until the crash is investigated further.

These construction zone traffic accidents are far too common in Texas. Drivers absolutely need to slow down, be prepared to stop, and be aware that construction workers will be on foot in the area whether or not they believe the construction zone is active.

Have you been involved in a construction zone traffic accident in Texas? You could deserve compensation for your injuries and losses. Speak with a Dallas personal injury attorney today.

Dallas Area Police Searching For Two Hit-And-Run Drivers

blog@www.jrlawfirm.com (Blog Author)62900 — Fri, 26 Aug 2011 08:00:00 EST

After one fatal hit-and-run accident in Dallas and another similar deadly incident in Arlington, police are asking the public for help in finding and arresting the two drivers who left pedestrians to die.

In the first fatal traffic accident, 17-year-old Beatrice Johnson was struck and killed while walking on the Great Trinity Forest Parkway with a friend at around 10:30 p.m. on Thursday night. The other teen is recovering from her injuries, and police have few leads on who struck the girls and then fled the scene.

In the second deadly car accident, 20-year-old Sean Huntsman of DeSoto was thrown from a pickup truck after the vehicle was struck by another driver on Interstate 30 in Arlington in the early hours of Thursday morning. The young man died at the scene of the accident. While police have found the sports utility vehicle that was used in the hit-and-run accident, they have not located the person driving that night.

If you have any information about either of these accidents, we encourage you to contact the authorities in your area and help find closure for the families of these victims. If you or a family member have been injured in a hit-and-run accident in the Dallas area, call a Texas personal injury attorney today.

Texas Cerebral Palsy Law Firm | Children and CP: 3 Steps to Help Ease an Uneasy Situation

blog@www.jrlawfirm.com (Blog Author)63211 — Fri, 26 Aug 2011 08:00:00 EST

Children and CP: 3 Steps to Help Ease an Uneasy Situation

If your child is diagnosed with cerebral palsy, there is no way around the fact that you're facing a very significant and very serious medical issue. What you need to do will become clearer as the situation develops but, initially, there are a few things you can do to prepare yourself for what might lay ahead.

1: Talk to Medical Professionals

Talking to doctors is the first thing you need to do to deal with your child's cerebral palsy. They will be able to give you an idea of what you will need to do to accommodate your child at your home and what you should expect as far as the initial stages of care-giving. They will also be able to tell you how much you will be facing in terms of initial medical expenses for your child. You may have to get medications and other devices to help care for the child.

2: Talk to an Advocacy Organization

There are advocacy organizations out there that will work with people with cerebral palsy and who endeavor to help parents cope with the disorder. One of the best-known of these organizations is United Cerebral Palsy. Most of these organizations will be willing and able to have somebody talk to you so you can get more information or, at the very least they will be able to point you towards resources where you can get more information to help you deal with what lies ahead. There are nationwide organizations as well as state organizations upon whom you can lean. Your medical provider will generally be able to provide you with some useful numbers to call.

3. Get Your Medical Records

When your child is diagnosed with cerebral palsy, there will be an investigation as to how it occurred. Make very certain that you get all your child's records pertaining to this and all other medical records as well. There are cases of cerebral palsy that result from medical negligence. If this is how your child's cerebral palsy came about, you may want to contact a cerebral palsy lawyer to talk about filing a lawsuit against the hospital, doctor or another agency involved in your child's birth and treatment.

A Texas cerebral palsy lawyer cannot always help you. This is why they offer free consultations: so that you can come in and find out without worrying about any financial obligation.

Dallas Cerebral Palsy Lawyer | New Treatement New Hope for CP Sufferers

blog@www.jrlawfirm.com (Blog Author)63214 — Fri, 26 Aug 2011 08:00:00 EST

New Treatment New Hope for CP Sufferers

Researchers at Duke University have been working on a new treatment for cerebral palsy sufferers that involve using the blood out of the sufferer's own umbilical cord. The cord blood is stored after the child is born and given to the child via transfusion, according to a story in Reuters. This procedure is called an autologous stem cell transfusion.

Results

According to the article, children do see some improvement after having received treatment, as reported by parents. This had led to more trials being conducted in locations throughout the world. The CEO of a company called Cryo-Save, which provides the banks where these samples are stored, commented on the increasing popularity of these treatments in the article, as well. The procedure is very simple; transfusions are not particularly risky and there is no surgical element involved, according to the article.

Other Treatments

There has been a host of new treatments devised for cerebral palsy sufferers over the last several years. Some of them involve using electrical devices to stimulate the muscles and others involve injections and innovative forms of physical therapy. While cerebral palsy does not heal, there have been many advances in how patients with this disorder can be helped to cope with the symptoms that accompany it and, due to other research some symptoms can be lessened in severity with new techniques.

Cerebral palsy is actually a group of disorders, but it does have characteristics that are seen across the different types. They all affect the sufferer's ability to control their muscles and they are all conditions that last throughout life. They are also conditions that are associated with difficulties with speech, hearing and learning, which can sometimes be addressed with special educational opportunities and assistive devices that helps the child hear. The physical symptoms are oftentimes the most pronounced.

Cerebral palsy sometimes happens because of birth mistakes. If you're located in Texas and need assistance because your child's cerebral palsy was caused by medical negligence, contact a Texas cerebral palsy lawyer. They may be able to help you by investigating whether or not a lawsuit is a viable option. Lawsuits sometimes help parents recover millions of dollars in damages and that money can be used to help pay for the cost of treatment and the cost of assistive devices for the child. These costs will last a lifetime, but there are sometimes limitations on how long you have to file.

Dallas Birth Injury Law Firm | What Caused My Child's CP?

blog@www.jrlawfirm.com (Blog Author)63220 — Fri, 26 Aug 2011 08:00:00 EST

What Caused My Child's CP?

Cerebral palsy is a condition that arises directly from a brain injury. When you're trying to determine what caused a child's CP, the task always comes down to finding out what caused the brain injury. There are numerous different ways that this type of an injury can occur and an attorney for birth injury claims will be trying to determine whether or not medical negligence played a role in the injuries your child suffered.

Some Causes

The most common cause of cerebral palsy that people sue over is the child being starved of oxygen during the birth process. This can happen because of the position the mother is in, the umbilical cord being wrapped around the child's neck or because of other situations that cause compression somewhere that strangulation results from it. Midwives can be sued in these situations, as well.

In other cases, the child's injury occurs while they are in the womb. There may be too little amniotic fluid in the womb, for instance, and that may lead to the child suffering CP. A recent case in Maine revolved around a situation like this. Sometimes, the child should have been delivered earlier, via caesarian section, and it wasn't done in time, causing the child to suffer the brain injury.

There are also cases where a child is exposed to something that causes the disease. There may be a contaminated medical supply used at some point during the birthing process or another situation that ends up causing the cerebral palsy injury. If the medical supplies were the issue, there may be cause to sue for a defective product or medical negligence, depending upon the exact situation that applies.

Getting Assistance

A Texas cerebral palsy lawyer can sit down with you and discuss your case. Whenever a child is diagnosed with cerebral palsy, an investigation is undertaken to determine how they got the disorder. The results of this investigation sometimes point directly toward medical negligence as the cause and sometimes not.

If your attorney believes that you have a chance of winning in court, they may want to take your case and represent you. If not, they'll simply tell you as much. The expenses related to the care of cerebral palsy are very intimidating and families have a right to see if they can seek compensation as a way of helping them to pay for those expenses. The only way to find out, however, is to talk to an attorney

Texas Pedestrian Accident Allegedly Caused By Road Rage

blog@www.jrlawfirm.com (Blog Author)62888 — Thu, 25 Aug 2011 08:00:00 EST

A Texas pedestrian was seriously injured in a hit-and-run accident in South Texas this week in what authorities believe was a road rage incident.

According to local news sources, a man became upset when he learned that his appointment at the Audie Murphy VA Hospital had been canceled. The man stormed out of the building, jumped into his car, and began driving before he had calmed down. His out-of-control car swerved onto a sidewalk and struck a pedestrian before speeding down the road and into a tree. The man who allegedly caused the accident was unhurt, while the pedestrian that he struck was rushed to South Texas Medical Center for treatment.

Unfortunately road rage is all too common on the streets of Texas. Sometimes triggered by issues with traffic and sometimes triggered by unrelated life events, driving while angry can be extremely dangerous and even deadly.

How does road rage happen? When drivers become enraged, they become much less likely to properly control their vehicle, watch out for hazards on the road, or pay attention to signs and signals. At the same time, someone with road rage may be so angry that they act out violently by ramming their car into objects, running others off of the road, or assaulting drivers when they get out of their cars.

There is absolutely no excuse for road rage. If you have been involved in a Texas vehicle accident caused by road rage, you should speak with a Dallas car wreck attorney immediately about your case.

Eleven Companies Reach Out-Of-Court Settlement Regarding Sherman Bus Crash

blog@www.jrlawfirm.com (Blog Author)62887 — Wed, 24 Aug 2011 08:00:00 EST

Three years after a horrific bus accident in Sherman, Texas, eleven of the companies, people, and entities being sued in connection with the deadly crash have decided to settle with the families of those killed in the wreck.

The private, out-of-court wrongful death settlement involves a number of organizations implicated in the crash, including the bus company that operated the vehicle, the company that inspected the bus before the accident, and the company that was responsible for retreading the tire the blew, ultimately causing the accident.

The 2008 bus accident took place about an hour outside of Dallas on Highway 75 as a motorcoach filled with 55 Vietnamese Catholics made their way to a religious function. A tire was punctured and blew out on the road, causing the bus driver to lose control and drive into a bridge railing. The bus then toppled over the bridge and onto a road below, landing on its side. Seventeen people were killed in the accidents and many more were seriously injured.

An investigation revealed that the bus had been purchased by the bus company just two weeks before the accident and that no company has taken responsibility for placing the retreaded tire on the bus. Most of the companies who settled their wrongful death lawsuits this month out of court stressed that their settlement did not mean that they admitted responsibility for the wreck.

Have you or a loved one been harmed in a Texas bus accident? Speak to one of our Dallas personal injury attorneys today.

Texan Killed In Wrong Way Crash On Highway 195

blog@www.jrlawfirm.com (Blog Author)62885 — Tue, 23 Aug 2011 08:00:00 EST

According to the Killeen Daily News, one man was killed and two others were injured in a two-car accident allegedly caused by a wrong way driver.

Local news and the Killeen Police Department report that the head-on accident took place just after midnight on South Fort Hood Street when one driver proceeded down the wrong side of the street, striking an oncoming car. The 36-year-old driver of the wrong way vehicle was airlifted to Scott & White Hospital in Temple but was pronounced dead a few hours later. The driver’s passenger, a 24-year-old man, suffered only minor injuries in the crash and has been treated and released from Metroplex Hospital. The driver of the car with the right of way, a 26-year-old man, remains in serious condition.

It is unclear what caused the driver to go the wrong way down the street, though alcohol may have been a factor in the crash. The accident is under investigation.

Many Texans do not realize how common – or how dangerous – wrong way highway driving is. Some of the common causes of wrong way driving are alcohol, drugs, elderly drivers, and poor road design.

If you have been injured in a Texas car accident that involved a wrong way driver, you should speak with a Dallas car accident attorney as soon as possible. The Rasansky Law Firm offers injury victims a free, private meeting to discuss their case and get the answers they need.

Two San Antonio Children Killed After Man Falls Asleep At The Wheel

blog@www.jrlawfirm.com (Blog Author)62886 — Tue, 23 Aug 2011 08:00:00 EST

Eight children and two adults were involved in a one-vehicle accident in Port Aransas, Texas, this week after the driver of the van allegedly fell asleep at the wheel. Two children died in the tragic wreck while two others remain in serious condition. Two other children and one adult passenger were also injured.

According to Port Aransas Police, a woman, her boyfriend, her three children, and several cousins and friends, drove from San Antonio to Corpus Christi to visit the beach and shop. On their way home, the driver of the sports utility vehicle became fatigued and fell asleep while driving. The SUV left the road and flipped several times. The children, who ranged in age from two years to 14 years, were not wearing seat belts and on flattened seat at the time of the accident. The driver was the only person not to incur injuries in the crash, which took place on Texas 361 on Friday afternoon.

Two children, a two-year-old girl and an 8-year-old boy, died in the accident. The boy was ejected from the vehicle and the SUV landed on top of him, while the girl died of her injuries at Corpus Christi Medical Center-Bay Area.

This tragic accident is an important reminder about accident prevent – both when it comes to properly restraining children and when it comes to driving while fatigued.

Have you or a loved one been harmed in an accident that involved a lack of proper restrains or a tired driver? Speak with a Dallas car wreck attorney today.

Motorcycle Accident Lawyer in Dallas | Late Summer Motorcycling

blog@www.jrlawfirm.com (Blog Author)62964 — Tue, 23 Aug 2011 08:00:00 EST

Late Summer Motorcycling

It's still warm enough to go out on your motorcycle and to enjoy the Texas highways but, as Summer moves into Fall, it's a good idea to keep in mind that some of the logistics of being on a motorcycle change, particularly at night. While living in a characteristically warm climate is a great thing for a motorcyclist, it also comes with its own hazards, some of which are difficult to ascertain without being an experienced rider.

Night Time

After the sun goes down, temperatures can drop dramatically and very quickly. When you're riding a motorcycle, this means that you're actually at risk of getting hypothermia. Getting extremely hypothermic is not generally a risk in Texas in the Fall but, if temperatures do drop low enough, it can become a problem. For most riders, the problem isn't actually getting so cold that you are at risk of having medical issues. The problem is that the rider's discomfort can act as a distraction from the road. Anybody who has ridden a motorcycle for any extended period of time knows that not paying attention for even a split second can turn into a disaster; a potentially fatal one, at that.

Other Drivers

When the weather gets colder, drivers are expecting to see motorcycles even less than they normally do. Keep in mind that drivers oftentimes completely ignore motorcycles when they see them because they happen to be looking for cars, not two wheeled vehicles. At night, your single headlight can sometimes lead a driver to believe that you are a car much farther away than is actually the case. Keep a sharp eye out for drivers who may not be expecting to see motorcycles later in the year and watch out for vehicles that attempt passes on two-lane roads because they think you're farther away than they are. You don't have to be overly tense about riding, but be ready for the unexpected.If you're injured by a driver who is inattentive and negligent, contact a car wreck lawyer. Motorcycles have as much right to the road as does any other vehicle and a Fort Worth car accident attorney will be more than happy to represent you if you have a claim against the driver that owes you compensation for the pain and suffering, loss of property and other expenses they cause you as a result of their negligence on the highways.

Slip and Fall Law Firm | What You Should Know About Slip and Fall Claims

blog@www.jrlawfirm.com (Blog Author)62228 — Mon, 15 Aug 2011 08:00:00 EST

What You Should Know about Slip and Fall Claims

Slip and fall claims are filed with the assistance of a personal injury attorney. These claims arise when somebody was injured because the owner of the property didn't adequately protect the people they invited onto it against injuries from slipping, falling or tripping over obstructions. If you have been the victim of one of these situations, you may be facing very high medical bills and may need somebody to assist you. An attorney can help you determine whether or not you have a claim that's for filing and whether or not you are likely to win in court.

Filing the Claim

The attorney will need to meet with you first to determine whether or not your claim is likely to win. If they believe this is the case, they may want to take you on as a client and help you with your claim. The claim will allege that there was some sort of negligence on the part of the property owner and that because of that negligence you were injured. It will have to be established that it wasn't your fault that you were injured and that you didn't accept any risks when you entered the property that were explained to you beforehand.

Getting Compensated

If you end up going to court, the jury will determine whether or not you receive compensation for your claim. If they believe that your claim is valid and that you are due the money that you are seeking, the attorney will bill you for the legal fees, which you can pay out of the money that you receive. If you lose the claim, and if you happen to be working with an attorney that works on contingency, you won't owe anything. This ensures that you don't end up working with an attorney who has anything but your best interests at heart.

There is a chance that the personal injury lawyer will be able to negotiate a settlement with the other party. You will always be informed of this and, if the other party isn't offering enough to make it worth your while, the attorney will probably advise you to pass up a settlement offer. The settlement offer, however, will allow you to avoid paying the fees associated with going to court and, for that reason, it is sometimes a preferable choice to going through a jury trial and risking not getting any money at all out of having filed your claim.

Texas Nursing Home Abuse | Nursing Home Negligence Suit Filed over Poor Care

blog@www.jrlawfirm.com (Blog Author)62233 — Mon, 15 Aug 2011 08:00:00 EST

Nursing Home Negligence Suit Filed over Poor Care

A lawsuit filed in Illinois gives an example of the dangers of nursing home negligence. One of the chilling parts of this lawsuit is how it shows that any neglect in nursing homes can lead to death due to the fragile health of many of the residents at nursing homes.

The Claim

The victims in this case claim that their family member died because she wasn't given the care that could be expected at the facility. The family member had been taken home because of the level of care she was receiving. After 8 months of being at home, the woman's health deteriorated, she slipped into a coma and died. The family is alleging that the nursing home was responsible for the death.

At the heart of the claim is a concern that many elderly people have to deal with: blood sugar. The family alleges that hospital staff allowed her blood sugar to drop to such a low level that she eventually expired. All that would have been required in this situation, if it turns out to have been the case, would have been for the staff to correctly monitor the woman's blood sugar levels and to have made sure that they did not slip too far.

Negligence and What it Means

Whenever someone is in a nursing home, there is a reasonable expectation that they will receive competent care. This doesn't mean that the workers are expected to perform heroic actions that always succeed in preserving the patient's life. It simply means that the staff is expected to render care at a level that could be described as competent. In fact, they are being expected to perform the duties that any normal person in their position would perform.

When they fail to live up to these standards, a lawyer can sometimes step in and help the family file a lawsuit. Nursing home abuse attorneys have experience and expertise dealing with the laws that apply to these situations and, when they have a family that has a legitimate complaint, they will sometimes take that family's case on contingency. This means that they only get paid on the condition that they actually win a claim in the form of a jury award or a settlement offer from the plaintiff that provides adequate compensation to satisfy the family. This is a good way to protect yourself from paying legal fees for a losing case.

Nursing Home Attorney | Supervision is Part of Nursing Home Care

blog@www.jrlawfirm.com (Blog Author)62268 — Mon, 15 Aug 2011 08:00:00 EST

Supervision is Part of Nursing Home Care

Many of the stories that are published about nursing home abuse neglect bring the reader's attention the fact that the residents sometime constitute threats to one another and that proper supervision has to be maintained at the facility to ensure everybody's safety. Abuse in nursing home environments doesn't always manifest from the staff. In some cases, the staff simply fails to intervene when residents are abusing each other and the results can be deadly for the residents who are being abused.

Bullying, Harassment and Violence

Even though elderly people are generally not a physical threat to people who are younger and healthier, they can constitute a serious threat to one another. A recent case in Vermont, reported by VTDigger.org, details the fact that two homicides of elderly individuals occurred in nursing homes. In one incident, an 89-year-old woman was killed by another resident who slammed her head into a wall, according to the report. Another patient was crushed to death by one of their fellow residents.

The residents in nursing homes oftentimes have cognitive impairments, are prone to emotional outbursts and not all residents suffer the same level of physical deterioration. In some cases, a resident may be not all there mentally but very capable physically. If that resident is not properly supervised and they are prone to emotional outbursts, they can constitute a threat to their fellow residents; one that can prove deadly, in some cases.

Nursing home staff has an obligation to keep an eye on patients to make certain that everything is going smoothly between all of them. When they fail to do so, they put all of the patients at risk. To make certain that your loved one is in a nursing home where adequate supervision is provided, it's good to stop in once in a while and it's absolutely necessary to maintain communication with your loved one so you can make certain that they are being cared for and that they are not being threatened or bullied by other residents.

If you find yourself in a situation where your loved one has been the victim of harassment or bullying by other residents in a nursing home facility and where the staff never intervened to put it to a halt, you may want to speak to an attorney about nursing home negligence. If your loved one was injured because of this, you may be able to be compensated via a lawsuit.

Chantix Lawsuit Lawyer | When to File a Chantix Lawsuit

blog@www.jrlawfirm.com (Blog Author)62273 — Mon, 15 Aug 2011 08:00:00 EST

When to File a Chantix Lawsuit

Chantix is a drug that was prescribed to alleviate some of the symptoms of smoking cessation. Since 2009, the FDA has required the manufacturer of this drug, Pfizer, to include information that stemmed from a rash of incidents believed to be related to the effects of this drug on the brain. If you are experiencing any of the side effects that have become associated with this drug, you may want to speak with a legal firm that can help represent you in a lawsuit for a defective product.

The Claims

Chantix was not long on the market before it started manifesting some of the same symptoms that have been associated with other unsafe drugs. A higher suicide rate and erratic behavior were reported among people who were put on this medication. It was first introduced onto the market in 2006 and, because it offered a way to reduce the unpleasant effects of quitting smoking, it became popular with those who are very serious about finally kicking the habit. Attorneys are currently interested in talking to individuals who have suffered psychological side effects as a result of using this drug. There is cause to believe that the manufacturer failed to warn individuals about the potential side effects of Chantix.

The suspected side effects of this drug, many of which have been reported to the FDA already, include some that are truly terrifying. Some individuals have suffered seizures and blackout incidents where they have injured themselves severely. Other individuals have suffered heart attacks while on this drug. The most severe reported side effect, however, have been successful and unsuccessful attempts at suicide among individuals who were using this product. This is not the first time that a drug that is known to act directly on the brain has been implicated in these incidents.

Contacting an Attorney

If you want to speak with a defective product attorney because you have suffered any of these side effects, you are not alone. Many people have been coming forward reporting disturbing side effects from using this product and there is currently activity going on regarding filing a class-action lawsuit about some of the most common side effects. There are also reports of new side effects being associated with this drug. Remember to find a defective products attorney who has experience dealing with these types of claims. They may be able to help you file a successful lawsuit.

Daycare Abuse Attorney | Texas DFPS Offers Abuse Advice

blog@www.jrlawfirm.com (Blog Author)62127 — Fri, 12 Aug 2011 08:00:00 EST

Texas DFPS Offers Abuse Advice

Parents who suspect that their children may be abused at daycare have several resources available to them to help them understand some of the most common signs of abuse. The Texas Department of Family and Protective Services offers information for parents that may help them to recognize some of the signs of abuse in daycare or other settings. If you see the signs of abuse, you may want to consider taking further action.

Physical Abuse

According to the agency's literature, there are quite a few signs of physical abuse that parents may want to keep an eye out for if they suspect that abuse is going on. Physical injuries, of course, are some of the most obvious signs of abuse. The types of injuries you'll want to keep an eye out for are ones that seem unusual. For example, a child having a small bruise on their leg or arm from play is not all that unusual. However, if those bruises are frequent and severe or they are in odd patterns, it may indicate that something is going on. Your parental instincts will play a big role in making this determination.

Sometimes, abusers are very adept at hiding the signs. If your child seems to be experiencing pain but you cannot see any obvious physical reason for it, you may want to investigate the matter further. Taking them to a doctor may be a good idea. Children who are pulled around by their arms roughly sometimes suffer dislocated shoulders and other injuries because of the amount of force employed.

Sexual Abuse

Sexual abuse is one of the worst possible situations for children and parents. Aside from the physical signs of being sexual abuse, there are some more subtle signs that you can watch out for.

One of the things you'll want to keep an eye out for is the child having an age inappropriate knowledge of sexual behavior. They may also imitate the sexual abuse that they have become familiar with on other children. These types of behavior are not normal and they should be considered cause for further investigation.

If your child was the victim of physical or sexual abuse at a daycare facility, consider contacting a daycare abuse attorney about the matter. There are limitations on how long you have to file a lawsuit in these cases and you'll want to speak to an attorney right away to see how much time you have.

Three Texas Nursing Home Staffers Charged After Elopement Death

blog@www.jrlawfirm.com (Blog Author)60989 — Sun, 31 Jul 2011 08:00:00 EST

Two people have been arrested and a third is wanted in connection to a nursing home elopement death that took place in February.

According to local news reports, Maria Briones, Jon Kirksey, and Edna Stowe, all former employees of the Tumbleweed Nursing Home in Brownfield were allegedly involved in the death of 71-year-old Willie Byers, a resident at the adult care facility.

On February 3, 2011, all three nursing home staff members were on duty when Byers walked out of the facility and into freezing winter temperatures. He was found dead, of hypothermia and exposure, not long after his elopement. Cameras at the facility captured the man wandering from the nursing home unsupervised. Authorities believe that the three former nursing home employees were negligent and that their negligence was a direct factor in the death.

Briones and Kirksey have both been indicted and released from jail on $10,000. Stowe is still being sought by authorities.

Nursing home elopement deaths can seem like they are nothing more than tragic accidents. However, in reality, wandering deaths are often the result of negligent care facilities or negligent staff. It is reasonable to ask that elder loved ones are supervised and kept safe at their nursing homes, especially those that are suffering from conditions like dementia. If a loved one in your family has been the victim of nursing home negligence or an elopement, contact a Dallas nursing home neglect attorney today.

Dallas Army Recruiter Pulls Car Accident Victim From Burning Vehicle

blog@www.jrlawfirm.com (Blog Author)61018 — Sun, 31 Jul 2011 08:00:00 EST

This week, a US Army recruiter proved that you don’t have to be overseas to be a hero. When the man spotted a car accident and the beginnings of a car fire, he pulled a victim to safety without blinking an eye.

According to the US Department of Defense, Army Staff Sergeant Marcus Stone was driving on Interstate 35 in Dallas when he saw a car wreck up ahead. The 28-year-old instinctually pulled his car to the side of the road and assessed the situation: too many people were near to one of the cars that was leaking gasoline, and someone might be trapped inside the vehicle. Within minutes, he was moving civilians out of danger and putting himself at risk to save a life.

When he approached the car, which was quickly becoming engulfed in flames, Stone saw someone was inside, conscious, but dazed and confused. He pulled the victim to safety moments before the car completely went into flames. Then he promptly left the scene. Only later did investigators piece together from witnesses that Stone saved a life.

Stone, an Iraq combat veteran, has been nominated by his peers for the Noncommissioned Officers Association of the United States of America Military Vanguard Award, which recognizes heroism.

For Motorcycles, There Is No Such Thing As Fender-Benders

blog@www.jrlawfirm.com (Blog Author)61019 — Sun, 31 Jul 2011 08:00:00 EST

This week, a 21-year-old Dallas man was killed in a motorcycle accident when a pickup truck struck him from behind as he slowed to make a right-hand turn. The biker was ejected from his bike, flew into the center lane, and was run over by another vehicle as he lay in the street. He was pronounced dead at a local hospital not long after he arrived by emergency helicopter.

It’s important lesson that every Texas driver needs to understand: there is no such thing as a fender-bender for motorcycle riders. Even the most low-speed, low-impact crashes for bikers can be fatal or result in critical injuries. Being struck by a vehicle from behind can be especially dangerous and deadly, since cars and trucks will often run into the biker’s rear wheel, causing the motorcycle to flip and ejecting the biker.

What can you do to prevent rear-ending motorcycles? Always give motorcycles extra room and absolutely never tailgate a motorcycle. Be aware that a motorcycle only has one rear brake light that can be more difficult to see than brake lights on wider vehicles. And never drive while drunk, fatigued, or distracted.

Have you been the victim of a rear-end motorcycle accident that was not your fault? Speak with a Dallas motorcycle accident injury attorney today about securing compensation for your accident.

Texas Children Orphaned By Car Accident Benefit From Fundraisers

blog@www.jrlawfirm.com (Blog Author)61020 — Sun, 31 Jul 2011 08:00:00 EST

Just a month after a horrific car accident in Texas left three children orphaned, a number of people have come forward to help, from small town friends to worldwide celebrities.

Three weeks ago, 41-year-old Joshua Berry, his wife 40-year-old Robin Berry, and their three children were driving home to Houston from a vacation when their minivan was struck head-on by another vehicle. The couple died instantly in the traffic accident, while all three of their children were injured. According to reports 9-year-old Peter and 8-year-old Aaron suffered serious spinal chord injuries while 6-year-old Willa suffered broken bones. Doctors are unsure of whether the two boys will walk again, and the pair will head to Chicago later this week to begin treatment at a specialized medical center.

In the other vehicle that was involved, one person was killed and another critically injured. A baby in the car survived without injury.

However, as tragic as the event is, the children of the Berry family are getting an outpouring of love and support. As family members near and far come to their aid, Local Texans are organizing bake sales and benefits. At the same time, celebrities like Justin Bieber, the Houston Rockets, and others are pitching in to the cause. A campaign called Show Your Hearts allows those interested to donate online or with a text message. All donations go to the Joshua and Robin Berry Children's Trust.

Katy Woman Sues After Doctors Allegedly Leave Behind Medical Scissors

blog@www.jrlawfirm.com (Blog Author)61021 — Sun, 31 Jul 2011 08:00:00 EST

Almost a decade after a Texas woman gave birth to a child via caesarean section, doctors made a shocking discovery: the medical professionals who conducted the operation left behind a pair of medical scissors in the woman’s abdomen.

Grace Kehinde says that she has been plagued by mysterious medical issues and pains since the birth, but only recently discovered the medical instrument lodged inside her body. It was removed in yet another surgical procedure after it had punctured her bowel.

Now, Kehinde has filed a medical malpractice lawsuit against the two doctors she believes are responsible: her primary care physician, Dr. Carlos Mayo and her obstetrician Dr. Gregory Obi. The surgery took place at Bayou City Medical Center in southwest Houston in 2001.

Perhaps the most frightening part of this story is that one of the doctors, Carlos Mayo, has a history of medical malpractice, according to the Texas Medical Board. At the beginning of his career, he dealt with five different medical malpractice incidents before moving to Texas with a restricted medical license. In 2010, his medical license was suspended due to improper billing practices. The other doctor, Gregory Obi, has faced two medical malpractice lawsuits, though both were eventually dismissed.

Discovering that a medical tool or other item was left in your body during an operation is much more common than most know or would like to think. If you or a loved one have suffered because of a foreign object left in your body cavity, speak with a TX medical malpractice attorney today.

Seven Families File Injury Lawsuits After San Marcos Bus Crash

blog@www.jrlawfirm.com (Blog Author)61022 — Sun, 31 Jul 2011 08:00:00 EST

Seven families that had family members affected by the I-35 bus accident in San Marcos have filed personal injury lawsuits against the Dallas bus company Mares Bus Lines.

Rosa Moreno, the mother of a four-year-old girl who had to have her leg amputated after the crash, was the first to hire an injury attorney and file. Since then, Francisco Barboza, 63-year-old Celso Ortiz-Castillo, 57-year-old Maria Yolanda Serate-Delgado, 23-year-old Maria Moreno, and one-year-old Juan Moreno, have joined the lawsuit.

The Texas bus accident took place at four in the morning when 44-year-old bus driver Jesus Basio Ramirez fell asleep at the wheel shortly after making a stop. He ran off of the right side of the interstate, hit a sign, overcorrected, and caused the bus to tip onto its side. All in all, 17 people were injured.

The Texas bus company has been found in violation of a number of federal commercial bus regulations in recent years, and the driver himself has violated regulations twice since his employment. Many of the regulation violations involved logbook violations, unsafe driving, and driver fatigue.

This bus accident is one of a number of recent charter bus accidents that have occurred across the country in the past few months – resulting in an examination of bus safety regulations and standards.

Have you been injured in a Texas bus accident? Contact a Dallas personal injury attorney today.

Nursing Home Lawsuit: Resident Dies After Spider Bite

blog@www.jrlawfirm.com (Blog Author)60987 — Sat, 30 Jul 2011 08:00:00 EST

The Supreme Court of Texas has decided that a nursing home will be sued with medical malpractice, not negligence, following the death of a resident from a brown recluse spider bite.

In 2005, Classie Mae Reed died from a spider bite she received at the Omaha Healthcare Center in East Texas. Her sister, Wilma Johnson, believes that Reed would would have never been bitten by the spider if the nursing home had properly cleaned the facility and treated it for dangerous bugs.

For years, the courts considered what kind of lawsuit this should be – a nursing home negligence lawsuit or a medical malpractice lawsuit? While lower courts contended that problems with living conditions pointed to a simple negligence case, the Supreme Court decided that health care consists of more than surgery and medication – it also includes keeping a clean environment. Ultimately, the case was dismissed because Johnson could not find the necessary medical expert to back up her claim.

What does this mean for other nursing home lawsuits and other causes of assisted living neglect? Nothing good, many experts say. If safety violations can be considered health care, nursing homes may be able to use this decision to avoid nursing home negligence cases in the future.

Wet Roads, Rubbernecking Cause Accidents Along I-10 In El Paso

blog@www.jrlawfirm.com (Blog Author)60988 — Sat, 30 Jul 2011 08:00:00 EST

A series of traffic accidents on Interstate 10 outside of El Paso were caused both by rainy weather and by rubbernecking motorists, reports Texas news sources.

The first accident occurred in the westbound lanes when a vehicle cut in front of an 18-wheeler on wet roads. The big rig attempted to avoid an accident, but ended up rolling and causing a second commercial tractor-trailer to jackknife. Soon, at least six other minor accidents took place along the same stretch of the interstate.

One accident occurred in the eastbound lanes as rubbernecking drivers were distracted by the first accident and caused a multiple-vehicle wreck. All in all, at least three people were transported to local hospitals and at least three others suffered minor injuries but refused medical treatment.

Traffic was backed up on I-10 for five hours due to the tangle of crashes.

There are two great accident prevention lessons here: first, be wary of rainy conditions on roads, especially if rain hasn’t fallen recently and especially if it is the beginning of a storm when roads are the most slick. Second, resist the urge to look at accidents on the side of the road or any other distractions that take your eyes or mind from the task of driving safety.

Medical Malpractice | Who Is Liable?

blog@www.jrlawfirm.com (Blog Author)60789 — Thu, 28 Jul 2011 08:00:00 EST

Who Is Liable for Medical Malpractice?

The classic medical negligence case is filed against a doctor that breeches their duty to their patient. There are cases, however, where the doctor is not actually the one who is sued. It depends upon who the person you’re suing works for and their arrangement with their employer. Generally speaking, however, medical negligence on the part of any medical practitioner or person employed in a capacity where they are responsible for treatment is something that can be sued over.

Hospital Employees

Doctors, of course, do not offer the greater part of patient care. That responsibility falls on the shoulders of nurses, who are among the most hard-working of all people in the medical field. Sometimes, however, these nurses end up being negligent in the delivery of care and, in those cases, they can be sued. They are not sued directly, however. The hospital that employs them is actually the target of the lawsuit in these cases.

Paramedics, like nurses, usually work for a hospital or other healthcare facility. They can also be incompetent or negligent at times and they can be sued in the same way that nurses can be sued. Both of these areas of employment generally involve an individual who is under the direct employ, and therefore directly insured by, the healthcare provider for whom they work. This is usually not true of doctors, however.

Suing Doctors

Doctors are generally under contract for the hospitals for which they work; they are not regular employees. This means that they are sued directly when they are responsible for some act of medical negligence. A lawyer will have to clarify for you the exact workings of your case but, if you have one, they will make sure that the right people are hit with the lawsuit.

Whenever you deal with medical malpractice attorneys, you have to make sure you always take their advice about dealing with the doctors or the healthcare facility that you’re suing. Physician malpractice cases sometimes involve the plaintiff being offer a settlement by the doctor or hospital named in the action, but you’ll want to make sure you ask your lawyer about whether or not any settlement offered is worth taking. IN some cases, the party offering it may just be trying to limit their liability to a sum they’re willing to pay rather than risking going to court and ending up on the hook for much more.

Cerebral Palsy Lawsuit | Cerebral Palsy and Economics

blog@www.jrlawfirm.com (Blog Author)60592 — Wed, 27 Jul 2011 08:00:00 EST

People who suffer from significant disabilities oftentimes qualify for assistance programs that can help them with the expenses of life. Quite often, however, the amount of money that these assistance programs pay out is very minimal and will only cover the basics. Depending on how much money the individual affected needs for treatments, they may end up having to compromise on quite a few of the basics of life just to get by. If they need very sophisticated care, it may be extremely difficult for them to get competent, compassionate care.

Cerebral Palsy

Severe cases of cerebral palsy have significant economic effects because of the way this disorder affects the individuals who suffer with it. Its most notable effect is on mobility and muscle control. Individuals who have severe cases of cerebral palsy are oftentimes wheelchair-bound and cannot fend for themselves. This means that they will need a full-time caregiver to make sure that they have adequate hygiene, nutrition and that their living space is maintained as needed. This, obviously, can be a very expensive proposition.

Individuals with less severe cases of cerebral palsy will oftentimes need treatments to alleviate the more severe symptoms. For example, sufferers sometimes endure painful and debilitating muscle spasms, even if they are normally able to walk and perform other tasks that involve controlling the muscles. Most of the time, medication is required to control the spasms and, at the very least, they will be unable to work or do much of anything else when they are having an episode.

Assistive Devices

Assistive devices for walking and to help with sensory perception are very expensive, as well. For many people with cerebral palsy, they are necessities. Cerebral palsy oftentimes affects the individual's ability to hear and to see, which means that they will need assistive devices for these issues. Walking is one of the most common difficulties that cerebral palsy sufferers endure, and wheelchairs and crutches can be very expensive.

If medical negligence was a factor in someone developing cerebral palsy, people sometimes choose to file a cerebral palsy lawsuit. A Texas cerebral palsy attorney can sit down with you and help you determine whether or not your particular case of cerebral palsy, or your child’s, meets the criteria to file a lawsuit to seek compensation from the physician, healthcare provider or other individual that was negligent in a way that resulted in this particular injury.

Daycare Abuse: Recognizing Common Signs of Daycare Abuse

blog@www.jrlawfirm.com (Blog Author)60595 — Wed, 27 Jul 2011 08:00:00 EST

How do you think you would react if someone was pressuring you to keep a secret that you knew was wrong? You might be able to do it, particularly if you were threatened if you told, but you might find yourself breaking a bit under the pressure, too. You might become depressed, irritable and withdrawn because of shame. You might also give yourself away a bit without knowing it when you were in the presence of the person forcing you to keep the secret. This is how children oftentimes react when they're being abused and being threatened to keep quiet.

The Abusive Mentality

Abusers will want to keep on abusing their victims and to keep their victims from talking. To achieve the latter goal, they'll sometimes threaten children that they are abusing at daycares to prevent them from saying anything. They sometimes threaten to hurt other children, animals or even the child's own family. This puts pressure on the child to stay quiet but, quite frequently, the parents start to notice something's wrong. Simply put, children aren't normally as stressed as this will make them, and it will quickly become apparent that something isn't right.

Look for signs that your child feels guilty or stressed. They may become very clingy, wanting protection but being afraid to ask for it. They may also become worried about their pets, their brothers or sisters or their friends. In many cases, you'll notice that they change when they're going to daycare. If you were being abused in a certain circumstance, you'd react much the same. Children may not be fully developed mentally, but they are people and they do react in the ways that other people would be expected to react.

Remember that your children may want to tell you something but just might be too afraid to do so. If you really suspect something is going on at a daycare, you should speak to other parents about the matter and see about getting counseling for your child. Of course, removing them from the daycare is highly advisable. This is the first step in making it stop. A trip to the doctor for a physical exam may also be a good idea.

If your child has been the victim of daycare child abuse, contact a daycare abuse attorney to see about filing a lawsuit for negligence on the part of the provider.

Medical Malpractice Claim | Selecting the Right Lawyer for Medical Malpractice Claims

blog@www.jrlawfirm.com (Blog Author)60596 — Wed, 27 Jul 2011 08:00:00 EST

If you’re considering suing a doctor or other healthcare provider for medical malpractice, you’ll need to make sure you choose the right Texas medical malpractice lawyer. You’ll want to look for some things in this lawyer to make sure that you have the best possible chance of winning your lawsuit.

Experience

The first thing you’ll need to do is to make sure that your lawyer has experience with these claims. Medical malpractice claims can be complex and pursuing them successfully means that the lawyer you choose needs to have some idea of how the law works as it applies to your case and how past cases may reveal how to hold the doctor accountable for the malpractice. Without an experienced attorney, the chances of actually winning one of these claims are very much diminished.

Honesty

A good attorney will just tell you if you don’t really have a valid claim. The best way to determine whether or not an attorney is being honest with you is to ask them if they work on contingency. Under one of these agreements, they don’t get paid if they don’t win your claim. As you may have guessed, this is powerful motivation for them to only pick cases they really believe in, and it ensures that you don’t get stuck with attorney’s fees for a losing case. If a good attorney doesn’t believe that they can help you, however, they’ll just turn down the opportunity to take your case. This is simply being ethical.

Intelligence

A good attorney needs to be sharp. They need to be able to find out what makes your case unique and also what makes it like all the cases that have come before it, and succeeded, at the same time. They need to take all of this information and put it in a form that they can successfully argue in front of a jury.

When you find the right attorney, you’ll have someone on your side that will represent you at every turn of the case. This means that you don’t have to feel alone when you’re facing down the defendant in court and that you won’t feel outmatched by the doctors or the healthcare facility that you’re suing. A good attorney inspires confidence in their clients by being qualified to take their case and to argue it successfully in court or to get a settlement out of the defendant.

Nursing Home Negligence | Elder Abuse and Homecare Providers

blog@www.jrlawfirm.com (Blog Author)60550 — Tue, 26 Jul 2011 08:00:00 EST

Elder Abuse and Homecare Providers

Senior abuse in homecare scenarios is particularly dangerous. These are also particularly bad situations for elderly neglect. In a regular nursing home, there is a chance that an abusive employee or an abusive situation will be noticed by one of the trustworthy staff members and reported, resulting in it being put to an end. In a homecare situation, there is much less supervision. There are some resources that you'll have, however, that you have to learn how to use.

Other Employees

Most of the time, there will be a few different employees that rotate in and out during the course of the week to provide care to homecare patients. If you suspect that one of them might not be up to the job, you can speak with the others to see what they think. Asking simple questions about whether or not they have to do work to catch up with what the other employees miss and so forth may reveal a lot. If there is abuse going on, however, it's best to have a doctor take a look at your loved one so that they can check for the common signs of it.

The Agency

Make very sure that you thoroughly vet any agency from which you contract homecare services. Not all of them are equal, by any means. You'll need to make sure that they background check all of their employees. You'll also need to make sure that any licensing requirements are met and that the agency has the proper types of insurance. While you should take care of this before you hire the agency to provide homecare service, there are occasions when you may want to double check after having already hired them to make sure that everything is still being run correctly, particularly if you suspect that something may be going on with your loved one.

After the Fact

If it turned out that your loved one was abused by the employee of a homecare agency, you may have an option to sue them. This is something that you'll have to explore with the assistance of a qualified attorney. They'll meet with you for free in most cases and allow you to find out whether or not it might be in your interest to file a lawsuit against the agency. You may receive a jury award or compensation from a settlement with the company if you do file a lawsuit against them.

Premise Liability | Retail Premise Liability Claims

blog@www.jrlawfirm.com (Blog Author)60552 — Tue, 26 Jul 2011 08:00:00 EST

Retail Premise Liability Claims

When you go into a retail establishment, you have a reasonable expectation that the owner of the establishment has taken measures to make sure that you're safe. These include making certain that the floors are safe to walk on and that the shelves don't pose a threat to anybody in the store. In some cases, people end up getting injured on the premises of a retail establishment and, in order to pay for the amount of money it ends up costing them in medical bills and other expenses, they sue for damages.

Hiring an Attorney

There are circumstances where you may want to consider hiring an attorney to represent you in court. Fortunately, some of the better attorneys out there will offer you a free consultation where you can sit down with them and ask them whether or not they think it's worth it to pursue your claim. If they do not believe it is worth it to pursue the claim that you have presented them with, they will simply turn you down as a client. If they do, however, they may be able to take you on a contingency agreement where they don't get paid unless you win.

The attorney will have to be able to establish that there was some sort of negligence on the part of the retail store owner to successfully sue for damages in court. Most of the consultation that you spend with them will be dedicated to finding out whether or not it seems that negligence played a part. If it did, the attorney will help you to come up with a suitable sum to seek in damages. Retail establishments carry insurance to cover themselves in the event of such lawsuits.

The attorney will likely seek damages for any medical expenses you endured, any time off from work that resulted from you being injured and for pain and suffering. They can help you come up with a realistic figure from which you will deduct their attorney's fees if you win. You may also be able to get a settlement out of the defendant if they believe that your case is likely to win if it goes to court. The defendants will sometimes offer a settlement so that they do not have to pay attorney's fees for a trial. Your attorney will help you negotiate the settlement, as well. If you have been injured on the premises of a retail establishment, contact a personal injury attorney at a personal injury law firm.

Dallas Medical Malpractice Attorney | How is Failure to Diagnose Malpractice?

blog@www.jrlawfirm.com (Blog Author)60283 — Fri, 22 Jul 2011 08:00:00 EST

How is Failure to Diagnose Malpractice?

A failure to diagnose on the part of a physician if the justification behind almost half of the medical malpractice claims brought every year. To understand why this is the case, you have to understand the potential consequences of a physician missing a diagnosis that they should've caught. In some cases, they incorrectly diagnose a condition as something more innocuous than the condition from which the patient actually suffers. In other cases, they completely miss the illness and the consequences are very severe for the patient.

The Science of Diagnosis

Diagnosis is one of the most difficult parts of medical practice. It takes a lot of experience and knowledge to do it right and, quite often, doctors consult with one another to come up with an accurate diagnosis for a given patient. To make sure that their patients have the best chance of recovering from whatever ails them, the doctor has to be right when they make a diagnosis. When they are wrong, the patient may end up suffering far more than they should or, in some cases, actually dying because of not having received proper treatment for their actual condition.

Failure

A doctor may fail to diagnose a condition for many different reasons, but sometimes patients bear some responsibility in this, as well. You have to have informed the doctor of something being wrong with you, in some cases, for one of these claims to be successful. If you deliberately concealed information from them and they didn’t catch an illness because of that, it’s probably going to be found to have been your fault that they failed. If they had every opportunity to diagnose you, however, and they failed, a jury might find that you were made to suffer because of their negligence.

Knowing the Difference

You’ll have to talk to an attorney to get information about whether or not a failure to diagnose is justification to file a medical malpractice claim. This is a very intricate area of the law and you’ll want an attorney who has a lot of experience with these cases to handle yours. Without expert representation, your chances of winning a claim are vastly diminished. Speaking with an attorney oftentimes comes at no charge and, if they take you on as a client, they may be willing to do so under a contingency agreement, which means you don’t have to pay them any upfront fees.

Dallas Elder Abuse Attorney | How to Follow Up on a Report of Elder Abuse

blog@www.jrlawfirm.com (Blog Author)60284 — Fri, 22 Jul 2011 08:00:00 EST

Reporting elder abuse has to be done immediately after it is discovered. The longer someone remains in an abusive situation, the more the danger to them increases. Abuse tends to worsen in severity as time goes on, so it's important to make sure that the victim is removed immediately. This may cost quite a bit of money, particularly if you have to relocate the victim to a new nursing home, but it is necessary for their safety.

Reporting

The first people that have to be made aware of an abusive situation are the authorities. They have the ability to step in and make sure that it doesn’t continue. You may or may not want to report it to the facility but, if the staff is in on the abuse, it may do little good to tell them about something that they already know about or, at worst, are actually permitting to continue. Contacting the authorities should be step one.

If your loved one was victimized by an abuser, you need to have them visit a physician. This will allow the physician to make sure that their health is not at risk because of the abuse and also allows the physician to document the signs of abuse. Regular doctor visits are important of many reasons but, in some cases, they are actually where abuse is first discovered, so be sure your loved ones in nursing homes get regular care from their doctor.

After the abuse has been stopped, you may want to report it to still another professional, an attorney.

Compensation and Lawsuits

Bringing your situation to the attention of a nursing home abuse lawyer is the first step in a process that may end with you receiving a substantial amount of money in compensating. There is no way to guarantee how these cases will turn out, of course, but it is worth it to speak with one of these attorneys.

The attorney will review your situation and see if pressing a lawsuit would likely result in you receiving compensation. If they believe this to be the case, they may recommend that you go ahead with it and take you on as a client. The attorney may be able to get a settlement out of the nursing home or they may end up taking the case all the way to court to get a jury award, which is a possibility in these cases.

Slip and Fall Attorney | I Slipped at a Store, Now What?

blog@www.jrlawfirm.com (Blog Author)60285 — Fri, 22 Jul 2011 08:00:00 EST

I Slipped at the Store, Now What?

Hiring an Attorney

Dallas Personal Premise Liability Attorneys | Texas Rangers Beefing Up Safety Measures at Ballpark

blog@www.jrlawfirm.com (Blog Author)59989 — Tue, 19 Jul 2011 08:00:00 EST

A recent death at Rangers Ballpark at Arlington has spawned a series of new safety measures in an attempt to prevent future serious injuries.

Although the current rail heights at Rangers Ballpark exceed safety standards, there have been two instances of fans falling over the railing to the ground below in the past two years. While the first fan survived, Shannon Stone tragically did not. The 39-year-old firefighter from Brownwood, Texas, died when he tumbled over the outfield railing and fell 20 feet to the concrete below.

After consulting numerous safety experts, Rangers management have decided to raise the railing to the highest levels in the country. Replacing the railing will take some time to implement, so other precautions will be in place in the meantime.

Signs that read "DO NOT LEAN, SIT ON, OR STAND AGAINST RAIL" will be placed on the front row railings. There will also be pregame safety warnings to fans that will be enforced by Ballpark personnel.

The personal injury attorneys at Rasansky Law Firm applaud Rangers management for taking steps to ensure fan safety. Curiously though, there hasn't been an announcement on the implementation of netting in the outfield gap that Stone fell through. Hopefully this is something that will be included in the series of safety initiatives. Here's to a safe and successful rest of the season for the Rangers and their fans!

Fort Worth Car Accident Attorney | Three Things You Should Never Do on the Road

blog@www.jrlawfirm.com (Blog Author)59415 — Wed, 13 Jul 2011 08:00:00 EST

All of us lose our tempers with other drivers sometimes. There are some things that drivers do that are genuinely bad ideas in these situations, however. In some cases, they actually ascend to the level of negligence and you could find yourself facing a Fort Worth car accident attorney in court if you cause an accident doing them.

Hit Your Brakes to Warn a Tailgater

It’s tempting to tap your brakes to warn a tailgater off sometimes. The problem with this is that they may not notice that you hit your brakes and you could get rear ended. The thing you want to consider before doing this is that you are deliberately presenting a hazard to another driver to try to change their behavior. Whether or not you think they deserve it, it’s not a good idea. They may not see the hazard, and you may end up in a bad wreck because of it.

Flashing Your Brights

When someone comes at you with their brights on, it’s natural to get annoyed. Especially with today’s headlights, they can be blinding. The right thing to do is to concentrate on the stripe on the right side of the road and to avoid staring into their headlights. This prevents you from getting blinded. Flashing your brights at them may blind the other driver. You never know how they may react to this. If they’re drunk, they may veer right into you.

“Pushing” Someone

Pushing someone on the road means tailgating them, honking the horn or making gestures that imply that you’re trying to pass or get them to go faster. If they’re driving the speed limit, you have no right to do this. If they’re driving way below the speed limit, wait for a safe opportunity to get by and be patient in the meantime. Harassing people on the road causes accidents and you could get in serious trouble if you’re the cause of such an accident.

Remember that you can sue for damages if a negligent driver causes you to get in a wreck, but that they can sue you for negligence, as well. Drive according to the rules and you should be fine. If someone causes you to get into a wreck because of their negligence, contact an attorney to see about filing a claim against them.

Dallas Auto Accident Lawyer | The Best Insurance Coverage for Motorcyclists

blog@www.jrlawfirm.com (Blog Author)59416 — Wed, 13 Jul 2011 08:00:00 EST

Motorcycle riders are at a much higher risk of being injured or killed in an accident than are drivers in other passenger vehicles. Every motorcyclist knows that, when they head out on the road, they're taking much greater chances with their lives than are drivers and passenger vehicle. One of the ways that motorcycle riders can make sure that they’re mitigating their risks is by having a good insurance policy. Insurance policies for motorcycle riders are usually much cheaper than they are for passenger car drivers, so getting better coverage is usually affordable for most riders.

Assessing the Coverage

Putting wrecks aside for a moment, remember that motorcycles are at a higher risk of being damaged even when they’re not on the road. Your bike may get knocked over in a parking lot, for example and that can end up causing thousands of dollars in damage. A motorcycle is also a tempting target for thieves, so you have to factor this into the equation, as well. Comprehensive coverage is usually good for motorcyclists. This ensures that you can get compensated for accidental damage and theft.

Most policies will allow you to add on some extra medical coverage. For motorcyclists, this is obviously a good idea. A simple fender bender that might mean a couple of hundred dollars in body work for a driver in a car may mean thousands of dollars in medical bills for a motorcyclist. Be sure you add this type of coverage to make sure that you have some financial resources in the event of a wreck. The wreck may not endanger your life, but a broken arm or leg is still very expensive to treat.

Motorcyclists usually pay lower rates for liability than cars. This is because it’s simply much harder to do the level of damage a car can do on a bike. You may want to add some additional coverage, however, and be sure you carry collision. Without collision insurance, you may find yourself without a bike at all in the event of a wreck.

If you get in a wreck and your insurance company isn’t paying up or you were injured due to the negligence of another driver, contact a Dallas vehicle accident attorney. A Dallas auto accident lawyer can also help motorcyclists who have been injured in accidents and may be able to get you compensation for the injuries that you suffered and the property that you lost.

Dallas Car Accident Attorney | Dealing with an Angry Driver

blog@www.jrlawfirm.com (Blog Author)59170 — Mon, 11 Jul 2011 08:00:00 EST

Say what you will about drunk drivers, but angry drivers can be just as dangerous. They're out there every day and, in many cases, their tempers get the best of them, and they end up doing harmful things on the road. These drivers can also be big risks if they happen to cause a wreck. If you're dealing with someone who's a complete hothead, you never know how they are going to behave in the event that they end up causing an accident. Here are some ways to deal with these drivers that will keep you out of trouble.

On the Road

When people get angry, they get a surge of adrenaline. The angrier they get, the more adrenaline they get. This means that, when someone is behaving aggressively toward you on the highway, such as accelerating to cut you off from making your exit, swearing at you through the windshield or tailgating you, doing anything to agitate them is only going to make the situation worse. Yes, they may deserve to be inconvenienced for acting the way they are but, unfortunately, you're only putting yourself and the other people on the highway at risk by inconveniencing them. Let them get by, make their exit or do whatever it is they want to do.

After a Wreck

There are cases where these drivers can become genuinely dangerous after they end up causing an accident, which they quite frequently do. They may get in your face, start pointing their finger at you, threaten physical violence or take other actions that identify them as somebody who is essentially a ticking time bomb. One thing you never want to do is to try to detain them. If they are going to do a hit-and-run, let the police get them for it; it's the police's job to do that, not yours. If they are being very threatening, get on the phone with 911 and give the operator a description of the person and their license plate. There may be situations where even this doesn't calm them down but, at least, they will know that they will be accountable for anything else they decide to do.

Angry drivers are oftentimes negligent drivers. A Dallas car accident attorney may be able to help you file a claim against them in court. Contact a Dallas vehicle accident attorney if one of these drivers has caused you injury or property damage.

Texas Wrongful Death Attorney | Tragedy is Another Reminder of the Dangers of Texas Heat

blog@www.jrlawfirm.com (Blog Author)58817 — Wed, 06 Jul 2011 08:00:00 EST

Tragedy is Another Reminder of the Dangers of the Texas Heat

A recent tragedy serves as a heartbreaking reminder of the dangerous combination of the Texas heat and children.

Francisco Estrada, a 3-year-old South Texas boy, passed away on Tuesday, July 6, when he got trapped in a disabled family van. Cameron County Sheriff Omar Lucio says Estrada wandered away from his family and apparently got trapped in the van. His family found him dead two hours after they noticed him missing.

According to Lucio, his mother will face charges of involuntary manslaughter.

With temperatures in the upper 90's and 100's, a closed vehicle with no A/C can be a death trap, especially for young people and the elderly.

The heat in Texas and many other Southern and Southwest states can be extremely dangerous and every year there are children who lose their lives in similar situations as Francisco Estrada.

You should never leave a child unattended for any amount of time in a vehicle. You must also be mindful of any possible hazards such as unused or disabled vehicles that a child could trap themselves.

For more information on heat and summer safety for your children, click here.

Texas Nursing Home Staffer Charged With Injury To An Elderly Person

blog@www.jrlawfirm.com (Blog Author)58346 — Thu, 30 Jun 2011 08:00:00 EST

A Texas nursing home employee has been arrested and charged with injury to an elderly person following an alleged nursing home abuse incident at Wesleyan Nursing Home in Georgetown. Witnesses to the alleged elder abuse said frustration seemed to be the cause of the attack.

According to local news sources, nursing home staff member Ella Jean Moorer was assisting an 88-year-old nursing home resident with his clothing when he resisted her attempts to help him dress. Moorer became frustrated, but the man in a headlock, walked him to a bathroom, and allegedly tried to put his head in a toilet. While the patient did not seem to immediately suffer any injury, he was later examined for chest pains.

Perhaps the saddest aspect of this story is that frustration was the cause of this elder abuse – and that frustration is most probably a common feeling for many nursing home abusers. Unfortunately, many nursing home workers are confronted with long hours, understaffing, poor benefits, and poor pay. These conditions can lead to feelings of anger, resentment, and frustration toward patients. While these are certainly not excuses for them to physically or emotionally abuse patients, it is important to understand that poor conditions for workers can lead to abusive environments.

Has someone you loved been harmed while residing in a nursing home or adult care facility in Texas? Speak to a Dallas nursing home abuse attorney today.

Texas Lawmakers Fail To Pass New DWI Laws

blog@www.jrlawfirm.com (Blog Author)58350 — Thu, 30 Jun 2011 08:00:00 EST

While a handful of Texas lawmakers agree that the state needs to be tougher on drunk drivers, there are a number of disagreements regarding how the laws should change and how those convicted of DWIs should be punished. The result of the disagreements was another year without passing any new DWI laws; in fact, this year the proposed DWI laws did not even make it out of committee.

Dallas Representative Stefani Carter, who lost two uncles in a drunk driving accident, attempted to pass a bill that would revoke the driver’s license of a five-time repeat DUI offender for ten years. At the same time, Senator Jane Nelson of Flower Mound proposed a bill that would revoke the license of anyone who drives drunk twice. The second bill did not survive the Senate Criminal Justice Committee. Opponents to the bill argue that while new laws involving Interlock devices or sobriety checkpoints could help reduce the number of drunk drivers, tougher punishments for repeat offenders who likely have addiction issues would not solve the problem.

Mothers Against Drunk Driving gave the Texas lawmakers a “D” grade when it came to their work to reduce drinking and driving accidents this year – but also said that they would rather see laws regarding Interlock systems and sobriety checkpoints than laws about revoking licenses.

Waco Man Killed In Highway 77 Rollover Accident

blog@www.jrlawfirm.com (Blog Author)58392 — Thu, 30 Jun 2011 08:00:00 EST

One person was killed and another was injured in a rollover accident that local authorities believe was caused by the vehicle hitting a curb. The Texas car accident is a sad reminder of the importance of wearing seatbelts in the event of a rollover accident.

The car accident took place on Sunday, June 20, at around noon, when 24-year-old Wayne Andrew Drake struck a curb on US 77 north, overcorrected, drove across the highway, struck a ditch, and rolled over. Drake was ejected from the vehicle and then crushed by the car. A passenger in the vehicle, 26-year-old Latoya Chentate Caufield, was also ejected from the vehicle but survived. Emergency responders rushed her to Hillcrest Baptist Medical Center for treatment. Her condition is unknown.

Neither person was wearing a seatbelt at the time of the accident. Seatbelts are a vital safety tool when it comes to surviving a car accident – especially when the car flips or rolls over during the crash. In the event of a rollover, a seatbelt will keep you in your seat and prevent vehicle ejection. In addition, a seatbelt will prevent your head from striking the roof of the car during a rollover.

While we can never know if seatbelts could have helped minimize injury in this specific instance, we do know that seatbelt can and do save lives. In fact, one study found that car accident fatalities would fall by 40 percent if everyone buckled up.

Product Liability Law | Reading Product Instructions: Product Liability Law

blog@www.jrlawfirm.com (Blog Author)58335 — Wed, 29 Jun 2011 08:00:00 EST

If you've ever carefully read any product instructions, you'll notice they use many different qualifiers. These are designed to limit the liability of the company in the event that someone is injured by their product. The idea is that the company has to tell you what the product is safe to use for and make sure that you understand not to use it in ways that are not safe. Some of the things you've probably seen include:

Use in a ventilated area
Use hand and eye protection
Wear protective clothing
Do not use near water
Do not use near power lines

All of these warnings are designed to keep you safe. The example about not using products near power lines is oftentimes affixed to items such as television antennas and ladders. This is because these devices conduct electricity and using them near a power line may end up injuring or killing you.

When There Is No Warning

There have been cases where a product didn't warn adequately about a specific danger and where someone was injured and sued. Currently, there is a lawsuit in court against the manufacturer of a drain cleaner for this reason. One of the users was blinded in one eye when the product splashed back and the man claims he wasn't adequately warned about this hazard.

Using a product against the manufacturer's directions means that you won't be able to sue. For instance, if you're spray painting in an enclosed area and you're overcome by fumes and wind up in the hospital, there is little you can do about it in the way of lawsuits. Spray paint manufacturers always warn you that you should be in a ventilated area when you use their products.

The time to contact a product liability law firms is when you were using something according to the directions and you were subsequently injured. These cases are fairly common, and some of the injuries that people suffer are pretty severe. If you did everything right and a product ended up causing you harm, talking to an attorney may enable you to file a lawsuit to receive compensation for your injuries and your expenses. When manufacturers don't warn consumers adequately about the dangers of their products, product liability law provides legal recourses that people can take.

Doctor With History Of Malpractice Practicing Brain Surgery In Corpus Christi

blog@www.jrlawfirm.com (Blog Author)58345 — Wed, 29 Jun 2011 08:00:00 EST

When faced with tough punishments and restrictions by the Minnesota Board of Medical Practice, a Minnesota doctor didn’t stop practicing medicine – he simply moved to Texas and started seeing patients with absolutely no restrictions.

In 2010, brain surgeon Stefan Konasiewicz was sanctioned after four different incidents in which patients were allegedly harmed by the doctor. The medical board in his state required him to observed and reviewed quarterly in order to keep a close eye on his interactions with patients and how he conducts surgery. However, by the time the man had been officially sanctioned, he had already relocated to Corpus Christi, Texas, where he could continue to practice medicine without observations or reviews.

While the Texas Medical Board usually reviews any history of medical malpractice when doctors begin to practice in the state, Konasiewics’ record does not contain any specific medical malpractice cases even though they do exist. In fact, a Minnesota newspaper discovered five different medical malpractice settlements totaling $3.2 million in the past five years. What’s the issue? State officials say that it is likely that the Texas Medical Board is simply not aware of the doctor’s troubling medical malpractice history.

Currently, Konasiewicz has brain surgery patients at an office in Corpus Christi and has privileges in four area hospitals.

Texas Governor Vetoes Texting While Driving Ban

blog@www.jrlawfirm.com (Blog Author)58348 — Wed, 29 Jun 2011 08:00:00 EST

A bill that would make text messaging while driving illegal for all drivers in Texas was one of 23 different laws that were vetoed by Texas Governor Rick Perry this week. While Perry agreed that using a mobile device while driving is dangerous and irresponsible, he also said that the law banning such actions represented an example of the government telling adults what to do. Instead of a law to make texting while driving illegal, Perry suggested educating drivers through campaigns and driver’s ed programs regarding the dangers of using a cell phone while driving.

Currently, about 30 states ban texting while driving, while a handful have banned the use of all cellular devices while driving. Many states ban teen texting while driving – and more texting while driving laws are being passed each year across the country. Currently in Dallas, texting is only illegal when driving through a school zone. The proposed texting ban in Texas would have pinned a $200 fine on drivers found using their smartphones while behind the wheel.

Several studies have should that texting while driving greatly increases the chances of a car accident. However, new studies have shown that texting laws may be ineffective and that it can be difficult for police officers to enforce texting laws effectively.

Texas Man Sues Trucker For Slew Of Violations After I-35 Accident

blog@www.jrlawfirm.com (Blog Author)58390 — Wed, 29 Jun 2011 08:00:00 EST

According to the Southeast Texas Record, a Texas man is suing a Dallas trucker and a truck company following a rear-end accident on Interstate 35 outside of Gainesville. The Cooke County lawsuit states that the accident took place in June 2009 when Christopher Leigh Hudson was struck and injured by a big rig driven by Enrique Humberto Sanchez and operated by Southeastern Freight Lines Inc. The truck accident occurred when Hudson slowed his vehicle to conform to traffic, but Sanchez did not slow his tractor-trailer.

Hudson is seeking damages for medical costs, pain and suffering, disfigurement, impairment, lost wages, mental anguish, court costs, and interest.

The traffic accident lawsuit contains a laundry list of accusations, including:

•    The trucker did not properly secure his cargo.
•    The trucker did could not read road signs.
•    The trucker failed his driving test.
•    The trucker was under the influence of drugs or alcohol.
•    The trucker falsified his driving logs.
•    The trucker drove for more time than trucking regulations allow.
•    The trucker failed to drive with a high degree of care.
•    The trucker failed to maintain an appropriate distance between vehicles.
•    The trucker was following too closely.
•    The trucker failed to maintain a reasonable speed.
•    The trucker failed to control his speed.
•    The truck was speeding.
•    The trucker did not keep a proper lookout.
•    The trucker did not stop driving when mentally or physically unfit.
•    The trucker failed to brake.
•    The trucker failed to avoid the accident by swerving.

Have you been injured in a Texas accident? Call our law firm today.

Oak Cliff Motorcycle Accident Leaves Dallas Rider Dead

blog@www.jrlawfirm.com (Blog Author)58399 — Wed, 29 Jun 2011 08:00:00 EST

A two-vehicle collision in Oak Cliff, Texas, left one man dead on Thursday night, June 16. The crash turns the spotlight on left-turn motorcycle crashes, which are the most common type of motorcycle accident in the state.

The fatal motorcycle crash took place at the intersection of South Westmoreland Road and Ivandell Avenue, where a woman driver was turning left onto South Westmoreland Road as a motorcycle was driving southbound. The motorcycle struck the front left side of the car as the vehicle pulled into the intersection.

The motorcycle rider, 25-year-old Jane Wade of Dallas, was ejected from his bike and rushed to Methodist Dallas Medical Center but soon succumbed to his injuries. Another motorcycle that was riding with Wade and that was also involved in the accident was not seriously injured.

The driver of the car said that the bikers were speeding. No charges have been filed in the accident case.

Unfortunately, motorcycle accidents in which cars pull out to make left turns in front of oncoming bikers are some of the most common bike accidents in Texas. Some of these accidents could be caused by biker speed, but many happen because drivers do not see oncoming bikes or don’t correctly gauge their speed. If you have been involved in a left turn motorcycle accident in Texas, speak with a Dallas motorcycle cycle accident attorney today.

Medical Malpractice | Why People File Malpractice Claims

blog@www.jrlawfirm.com (Blog Author)58090 — Mon, 27 Jun 2011 08:00:00 EST

Medical malpractice lawsuits can be pursued for many reasons. In some cases, it represents a failure to diagnose on the part of the doctor that was attending the patient. It may represent an instance where something egregious occurred, such as someone being given the wrong surgery or having surgical implements left behind in their body after the wound was closed. It may even involve instances where dentists made errors that cause someone to suffer needlessly. The common denominator between all these is that a doctor does something incorrectly, incompetently or negligently in a way that causes their patient to suffer.

When People Sue

People usually don't sue out of a desire to punish the doctor, though that sometimes does play a part. Most of the time, they file a medical malpractice claim because the doctor's negligence caused them to suffer a specific financial or personal injury. The amount of money they seek in the claim is an attempt to compensate themselves for having had to endure those injuries and for the cost of medical bills. Where pain and suffering is concerned, the lawyer usually has to help the client come up with an appropriate amount to seek in damages.

Going to Court

Most of the time, people who file medical malpractice claims will have to go to court to have it heard by a jury. If this is the case, the lawyer they hire will make sure that they're ready to testify and they will argue against the defense for the physician, which will usually try to establish that negligence wasn't the cause of the patient's injuries. The plaintiff's lawyer will try to demonstrate how negligence did, in fact, to their client's suffering and how the client deserves to be compensated for the injuries and the monies that medical malpractice cost them.

When people sue for medical malpractice, they generally try to find a lawyer in their own area to handle the claim. A Dallas medical malpractice lawyer is the best choice for someone who happens to live in the Dallas-Fort Worth area. They will have access to expertise and other resources that will be needed to make sure that the claim has the best chance of winning in court. Of course, having legal representation close to home is also comforting for the client who engages their services.

Car Accident Lawyer | Ways to Avoid Negligent Driving

blog@www.jrlawfirm.com (Blog Author)58101 — Mon, 27 Jun 2011 08:00:00 EST

Most of the time, when you read about drivers being negligent, the material is written from the perspective of the driver who has been injured. And, while it's important to know steps to take if you are the injured party, it's just as important, maybe more so, to understand what to do if you happen to be the negligent driver. Take preventative measures to ensure your driving habits are safe for you as well as others, and avoid being negligent. Not only could you cause someone injury or even death, you could also face a lawsuit and find yourself in court for criminal charges.

Your Obligations

Negligence means not taking the actions that would reasonably be expected of someone else in your position. For example, people can reasonably expect that you will adhere to basic traffic laws and stop at a four-way stop sign. If you were to speed past the stop-sign and injure a pedestrian, that could be considered as negligence and, therefore, a criminal offense. Make sure you obey the rules of the road. Don't speed, obey the intersection rules, and don't cut people off when they're trying to change lanes. Adhering to traffic regulations and generally being a courteous driver are two of the best things you can do to avoid negligence.

Substance Abuse and Driving

One of the most dangerous forms of driver negligence is getting behind the wheel while intoxicated. If you've been out having a few drinks, be sure that you stay away from your vehicle. Drunk driving kills thousands of people every year, and getting caught can mean severe legal penalties. If you injure or kill someone, you may also find yourself being sued by the other party for negligent driving, even vehicular manslaughter. Juries have very little sympathy for drunk drivers that cause injury and death, so it's in everyone's best interest to never drink and drive.

If it Happens to You

If you are injured by a negligent driver, contact a car accident lawyer. If you are in the Dallas-Fort Worth area, a Dallas vehicle accident attorney is absolutely the best kind of legal professional for you to contact. They will be familiar with the state laws and will be able to best represent you in court. Some of these attorneys work on a contingency agreement, which means that you don't have to pay them any upfront fees and that you don't have to pay them any fees at all if they don't win your claim or when you a settlement.

Dallas Car Accident Attorney | Tips for a Great Summer Travel Season

blog@www.jrlawfirm.com (Blog Author)57865 — Thu, 23 Jun 2011 08:00:00 EST

If you're lucky enough to call Texas home, you have plenty of places to roam this summer without even leaving the state. However, when you are out there on the road you'll want to make sure that your trip is safe and affordable. Oftentimes, you accomplish both goals with the same actions.

Your Tires

Your tires, quite literally, are all that's between you and the road. Fill them up before you take off on a trip. The right tire pressure ensures that you're getting the best gas mileage. More importantly, however, it ensures that your stopping distance and traction are within safe parameters. Also, make sure you check your tires for bulges as these indicate a weak spot in them. If there are any bulges, it's time to change your tires.

Your Oil

Your engine oil is vital to good performance. Before you take off on a trip, have it changed. This not only gives you better lubrication, it also gives the mechanic a chance to check for any leaks in the system. This ensures that your car is ready for the road, and that you won't end up waiting for a tow.

Coolant

For you and the car! Make sure you bring extra coolant in the trunk and that your cooling system is full and free of leaks. Texas has some pretty extreme heat, so be sure to put extra drinking water in the car for you as well. If you're stuck waiting on the side of the road, there is a risk of getting dehydrated.

Gas

Even though gas prices are high, consider using the mid-grade, at least, in your car. Some vehicles really don't like the low-grade gasoline and their performance will suffer for it. Remember that your engine's power is one of the things that keeps you safe on the road, so making sure that you put the right fuel in it is definitely a good idea.

If you get injured on the roads this summer because of someone else's negligence, consider contacting a motor vehicle accident lawyer. A good car accident lawyer might be able to file a claim for you for compensation for your pain and suffering and your property damage. If someone is being careless and they cause you physical and financial harm, there's no reason you should have to face the fallout alone. The best policy, however, is to be ready for the road and to drive safely!

Product Liability Attorney | Risk and Product Liability Law

blog@www.jrlawfirm.com (Blog Author)57866 — Thu, 23 Jun 2011 08:00:00 EST

Risk and Product Liability Law

Some products are risky in their very nature. A product liability claim can be filed if a product proves to be defective in a way that injures you. One of the things about the consumer marketplace, however, is that it is full of products that are inherently risky, and product liability law firms may not be able to help you when certain types of products cause injuries.

Examples

A good example of a product that is inherently risky is a firearm. A firearm can function exactly as intended and still end up taking a life. Product liability law hinges on a product not performing as it was designed to due to some flaw. It can also have been manufactured in a way that made it defective, or it may have been advertised in a way that did not give good information about how it was to be used. Because firearms are specifically designed to perform a rather hazardous task, suing over injury or death over a properly functioning firearm is not an option. However, if you were out shooting in the firearm failed in an unexpected way and caused an injury, you may then be able to file a defective product lawsuit.

Another good example would be a chainsaw. Chainsaws come with warnings all over them telling you that you have to use eye protection and protective clothing when you're operating these devices. This is because chainsaws are inherently dangerous when used as directed. Something being dangerous, however, is much different than something being defective. If you were using the chainsaw and the bar broke causing a serious laceration, you may be able to file a defective products lawsuit. If the saw jumped while you were cutting wood and caused injury, it would be hard to argue that it was the manufacturer's fault as it would be more a case of you not exercising the proper technique with the device.

Talking to an Attorney

The only way to really know for sure whether or not you have a product liability lawsuit on your hands is to speak with an attorney who understands this area of law. It can be a very tricky type of litigation, so you'll want to make sure you speak with an attorney who has experience. People are hurt, killed and have their property destroyed every year by defective products, so it's worth it to see if you do have a claim against the manufacturer of any product that ended up causing you injury.

Nursing Home Negligence | Fighting Against Abuse

blog@www.jrlawfirm.com (Blog Author)57913 — Thu, 23 Jun 2011 08:00:00 EST

Fighting Against Nursing Home Negligence

Nursing home negligence puts some of the most vulnerable members of society at risk. When there is abuse in nursing home environments, it's sometimes very difficult for the people that are the victims of the abuse to reach out and to speak to someone about it. Part of this usually comes from feelings of shame and embarrassment and part of it comes from the fear of retaliation from the members of the staff responsible for the abuse. If you want to help someone fight back against nursing home mistreatment, it starts by learning to recognize the signs that might be going on.

Oftentimes, someone who's being abused in a nursing home will start to seem generally depressed. This is understandable, of course, but it's also hard to determine the cause of the depression, in some cases. This is because, as many people get older, they tend to become a bit more withdrawn as their friends pass away and they lose people to connect with. When it happens suddenly, however, it's usually a warning sign. Most people who suffer from conditions such as depression have a long history of it and suddenly having a personality change for the worse is a sign that something may be wrong. There may be a medical reason for it, of course, but it also may be because they are being abused in some fashion.

You also need to learn to follow your instincts in these situations. Quite often, people who have an elder that is in an abusive facility will get a bad feeling about one of the staff members. They may notice that the staff member seems to be impatient with the residents at the nursing home or that they don't seem to be particularly skilled at their job. These are both warning signs and they should be brought up with the administration of the nursing home.

One of the best resources you have for finding out if abuse is going on is your physician. If you can't get your elder out of the nursing home facility, consider bringing the doctor in to have a look at them. Quite often, people will tell things to their doctor that they wouldn't tell to anyone else. If there is physical abuse going on, the doctor will be able to notice the signs of it and it is very hard to conceal this type of abuse from someone when they have the medical expertise of a physician.