Kahn Law Firm, P.C.

Differences between Birth Injury Lawsuits and Other Medical Malpractice Cases

Medical malpractice claims encompass many issues, from misdiagnoses and surgical errors to prescription mistakes. Birth injury litigation is unique due to its complexity. Understanding how birth injury litigation differs from other types of medical malpractice claims can reveal the distinctions of these cases.

Nature of Birth Injury Claims

Birth injury litigation involves claims that arise from injuries sustained by a baby during labor and delivery. These injuries can result from factors including medical negligence, failure to monitor the baby’s condition, improper use of delivery tools, or inadequate response to complications. The focus of birth injuries is on the harm caused to the newborn, which can have lifelong consequences.

Other types of medical malpractice claims might involve errors that occur at any stage of treatment, from diagnosis to post-operative care. For example, a misdiagnosed condition, an error in surgical technique, or a medication mix-up falls under general medical malpractice but does not involve the unique aspect of childbirth.

Legal Standards and Burdens of Proof

Legal requirements for proving birth injury claims are often more stringent because the injury must be the direct result of medical negligence. In general, medical malpractice cases must prove that the healthcare provider deviated from the standard of care and that this deviation caused harm.

Proving negligence can be particularly challenging in birth injury cases. It must be established that the healthcare provider’s actions were not just below the standard of care but that the failures led to the baby’s injury. This often requires expert testimony from specialists in obstetrics and neonatology who can detail how the alleged negligence deviated from accepted practices and led to the injury.

Emotional and Psychological Impact

Birth injury cases often involve intense emotions. The injury affects the newborn and the parents, who face the challenge of raising a child with potentially severe and lifelong disabilities. The emotional toll can be substantial and is a critical consideration in birth injury litigation.

Other medical malpractice cases, while they can also be emotionally taxing, might not always involve the same level of personal and family impact as birth injury claims. For instance, a misdiagnosed condition in an adult may affect the patient’s quality of life. But, the case may not carry the same emotional weight as an injury sustained at birth that affects a child’s future.

Types of Injuries and Long-Term Consequences

The types of injuries in birth injury litigation can vary widely.

Cerebral Palsy

Cerebral palsy is a group of neurological disorders that affects movement and muscle tone. It is caused by damage to the brain before or during birth.

Brachial Plexus Injury

This injury includes damage to the network of nerves controlling the arm and hand, often caused by shoulder dystocia during delivery.

Fractures and Head Injuries

Broken bones or head trauma can occur during the delivery process. These injuries often require extensive medical treatment, therapy, and possibly long-term care. The long-term nature of these consequences means that birth injury litigation often involves seeking compensation for immediate medical expenses but also for future care needs, potential loss of earning capacity, and pain and suffering.

In comparison, other medical malpractice claims might involve injuries with varying degrees of long-term impact. They don’t typically involve the same level of ongoing care or developmental issues as those seen in birth injury cases.

Duration and Complexity of Litigation

Birth injury lawsuits can be more complex and lengthier than other types of medical malpractice cases. The complexity arises from the need to establish that the alleged negligence resulted in the injury. The litigation process can be prolonged due to the need to predict future care needs and the potential for ongoing negotiations over settlement amounts. This can make birth injury cases more resource-intensive and time-consuming compared to other medical malpractice claims, which might focus on more immediate damages and less complex causation issues.

Financial Considerations and Settlements

Settlements in birth injury cases often involve larger sums due to the anticipated long-term costs associated with the injury. Compensation may cover a wide range of expenses, including immediate and ongoing medical care that includes surgeries, therapies, and specialized treatments; special education services and accommodations; and costs related to in-home care or long-term care facilities.

Other medical malpractice cases also involve financial compensation but might require a different scale of long-term financial planning. For example, a claim involving a misdiagnosed condition may focus on current medical costs and lost wages without the same emphasis on future care and ongoing support.

Role of Expert Witnesses

Expert witnesses play a crucial role in both birth injury and general medical malpractice cases. However, birth injury litigation often requires testimony from specialists with expertise in obstetrics, neonatology, and pediatric care. These experts can help establish how the standard of care was breached during labor and delivery and how this breach led to the injury.

In other medical malpractice claims, expert testimony might come from a range of specialists depending on the nature of the case. The focus is generally on how the standard of care was not met in a specific context rather than in the unique setting of childbirth.

Are You or a Loved One a Victim of Medical Malpractice? The Kahn Law Firm, P.C. Is Here to Help.

If you’re facing a birth injury claim or another form of medical malpractice, seeking help from The Kahn Law Firm, P.C. can ensure that your case is handled with the knowledge and sensitivity it deserves. We specialize in all medical malpractice cases and are ready to work to get the compensation you deserve. Call us at 713-999-6549 for a free consultation.

Medical Documentation in Car Accident Claims

Car accidents can be distressing and life-altering events, often leaving victims with physical injuries, emotional scars, and financial burdens. In Texas, car accident claims can be complicated and aided by an understanding of the legal process, especially regarding medical documentation. This documentation is critical in establishing the extent of injuries, supporting insurance claims, and ensuring fair compensation. Medical documentation is vital in Texas car accident claims and can substantially impact the outcome of your case.

Establishing a Connection Between the Accident and Injuries

One of the most crucial aspects of a car accident claim is proving that the injuries sustained directly resulted from the accident. Medical documentation is tangible evidence linking your injuries to the accident, making it difficult for insurance companies to dispute your claim. This connection is essential for receiving compensation for medical expenses, lost wages, and pain and suffering.

Immediate Medical Attention

After a car accident, seeking immediate medical attention is paramount, even if you feel fine. Some injuries, like whiplash or concussions, may not manifest symptoms right away. A medical provider can identify these injuries and begin treatment promptly. Additionally, your initial medical evaluation records can establish a timeline that connects your injuries directly to the accident.

Detailed Medical Records

Detailed and accurate medical records are vital. These should include emergency room visits, doctor consultations, diagnostic tests (such as X-rays, MRIs, or CT scans), treatment plans, and follow-up appointments. Comprehensive records provide a clear picture of the injuries and the medical care required

Documenting the Severity and Impact of Injuries

The extent of your injuries and how they affect your daily life will significantly influence the compensation you receive. Medical documentation not only records the physical impact of the injuries but also demonstrates the emotional and psychological effects.

Treatment Plans and Recovery Process

Documenting the treatment plans prescribed by healthcare providers is crucial. This includes medications, surgeries, physical therapy, and rehabilitation. Detailed notes on your recovery process, including improvements or setbacks, offer insight into the long-term effects of your injuries.

Pain and Suffering

Medical documentation can also support claims for pain and suffering, which are non-economic damages. Physician notes, mental health evaluations, and personal journals documenting your physical and emotional challenges can help substantiate your claims.

Supporting Insurance Claims

Insurance companies often scrutinize car accident claims to minimize payouts. Medical documentation is a robust defense against attempts to downplay the severity of your injuries or question their legitimacy.

Consistency in Records

Consistency in your medical records is crucial. Any discrepancies or gaps in treatment can raise red flags with insurance adjusters. Ensure that all healthcare providers have accurate and up-to-date information about your injuries and treatment.

Expert Testimonies

In some cases, medical experts may be required to provide testimony or reports that explain the nature of your injuries and the expected impact on your life. These expert opinions can be pivotal in strengthening your case and persuading insurance companies to offer fair settlements.

Facilitating Legal Proceedings

Medical documentation becomes even more critical if your car accident claim escalates to a lawsuit. Courts rely heavily on documented evidence to assess the validity of claims and determine compensation.

Medical Reports as Evidence

Medical reports serve as concrete evidence in court proceedings. They provide an objective account of your injuries and treatment, which can counter opposing arguments and support your case.

Depositions and Testimonies

Medical professionals involved in your treatment may be called upon to provide depositions or testimonies. Their expert insights can help clarify the nature and extent of your injuries to the court.

Ensuring Fair Compensation

Pursuing a car accident claim aims to receive compensation for your losses. Comprehensive medical documentation is instrumental in achieving this goal.

Calculating Damages

Accurate medical records help calculate the economic damages you’ve incurred, including medical bills, rehabilitation costs, and lost wages. They also help determine non-economic damages like pain and suffering.

Negotiating Settlements

Having well-documented medical evidence strengthens your position when negotiating with insurance companies or other parties. It allows your attorney to present a compelling case for the compensation you deserve.

Tips for Maintaining Accurate Medical Documentation

To maximize the impact of your medical documentation in a car accident claim, consider the following tips:

1. Seek Prompt Medical Attention: Visit a healthcare professional immediately after the accident, even if your injuries seem minor.
2. Be Honest and Thorough: Provide complete and accurate information about your symptoms and medical history to healthcare providers.
3. Follow Medical Advice: Adhere to prescribed treatment plans and attend all follow-up appointments to demonstrate a consistent record of care.
4. Keep Personal Records: Maintain a personal journal detailing your symptoms, pain levels, and how your injuries affect your daily life.
5. Request Copies of Medical Records: Regularly obtain copies of your medical records and review them for accuracy.
6. Communicate with Your Attorney: Share all medical documentation with your attorney to ensure they have a comprehensive understanding of your case.

Receive Personal Attention for Your Car Accident Claim and Get the Compensation You Deserve!

If you’ve been injured in a car accident, navigating the legal and insurance complexities can be overwhelming. Don’t face it alone. As a small firm, The Kahn Law Firm, P.C. takes pride in providing personal attention to each client. You’re not just a number to us—we take the time to understand your unique situation and tailor our approach to meet your needs. Let us advocate for you by negotiating with insurance companies to ensure you receive the compensation you deserve. Call 713-999-6549 for a free consultation. We’ll take care of the legal challenges so you can focus on healing.

How Does Texas Law Deal With Multi-Vehicle Traffic Accidents?

Traffic crashes happen every day in the Houston area, but when three or more vehicles are involved, questions about liability and damages quickly get complicated. If you’re injured in a multi-vehicle crash, promptly contact a Brazoria County personal injury lawyer.

Multi-vehicle collisions are usually calamitous for all who are involved. These accidents often cause catastrophic injuries and/or permanent disabilities and lead to complex injury claims, costly property damages, and in the worst cases, wrongful deaths and wrongful death lawsuits.

How does Texas law deal with multi-vehicle traffic accidents? Will the injured victims qualify to recover compensation? If you’re one of those victims, how will a Brazoria County car accident attorney handle your personal injury claim after a multi-vehicle accident?

What Constitutes a Multi-Vehicle Accident?

Multi-vehicle accidents are traffic accidents that involve at least three vehicles, at least three drivers, and usually three or more automobile insurance companies. If passengers were in the vehicles, or if a commercial vehicle was involved, there will be additional legal complications.

Often, these accidents are chain-reaction collisions – a series of rear-end crashes in poor weather conditions. Of course, each multi-vehicle accident is unique, so the details of each accident must be thoroughly investigated to determine what happened and which party or parties have liability.

How is Liability Determined for a Multi-Vehicle Accident?

An accident reconstruction expert may use math, physics, and computers to reconstruct a moment-by-moment description of what happened in the seconds before a multiple-vehicle accident – a description that, in most cases, indicates which driver should be assigned liability.

After a multiple-vehicle collision, the following questions are a few that should be explored:

1. Were any of the motorists unlicensed or driving while intoxicated?
2. Did bad weather or poor road conditions have any role in causing the collision?
3. Was the cause of the collision a defective vehicle or defective vehicle part?

What Should You Do After a Multi-Vehicle Accident?

If you’re injured as the result of a multi-vehicle accident in Texas, there will not be a Brazoria County car accident attorney on the scene to advise you, but taking the following steps will put you in the best position to succeed with a personal injury claim:

1. Call for medical assistance immediately if anyone has been injured.
2. Call the local police so that the accident will be properly investigated.
3. When the police arrive, ask the officers how to obtain a copy of their accident report.
4. Swap auto insurance and personal contact details with the other drivers.
5. Take plenty of photos, and ask for the names and contact details of any eyewitnesses.
6. Undergo a medical exam – even if you feel fine – as quickly as possible.

A Brazoria County personal injury lawyer can offer you legal advice – later – but in the first moments after a multi-vehicle collision, you must concentrate on gathering the evidence you’ll need if you subsequently bring a personal injury claim.

How Are Multi-Vehicle Accident Injury Claims Resolved?

Texas is an “at fault” state for car insurance. The driver who is responsible for a crash is liable for the damages. If you’re injured in a multi-vehicle accident, your attorney will negotiate with the liable driver’s insurance company for the settlement that you’re entitled to by law.

Personal injury claims arising from car accidents in Texas are typically resolved when the attorneys for the defendant and the plaintiff negotiate a settlement outside of the courtroom, but multi-vehicle accident cases may take more time and effort to resolve.

For instance, more compensation may be available if a large commercial truck was involved, and a trucking, leasing, or freight company may be assigned liability. If liability is disputed, or if you’re not offered a reasonable settlement amount, your lawyer will take your case to court.

When Should You Seek to Retain an Attorney?

If you are injured in a multi-vehicle crash in or near Houston, you must be advised and represented by a Houston-area auto accident attorney who represents clients in the most complicated personal injury cases.

As soon as you’ve been examined and treated by a medical provider, schedule a consultation to speak with an accident attorney. That attorney will discuss your rights and options and suggest the best way to move forward, which may include pursuing a personal injury claim.

Your first consultation with a Texas injury lawyer is offered without obligation or cost. If you proceed with legal action, you will pay no lawyer’s fee until and unless your lawyer recovers the compensation you need with a trial verdict or an out-of-court settlement.

Is There a Statute of Limitations for Filing Injury Claims?

The statute of limitations for filing a personal injury claim in Texas is two years. While there are several narrow exceptions to the deadline, if you do not take legal action within two years of the date of a multi-vehicle accident, your claim probably will not be heard by a Texas court.

But don’t wait two years to contact an attorney. In fact, don’t even wait two weeks. Evidence disappears or deteriorates over time. Witnesses forget details. Your attorney needs to meet with the witnesses before their memories fade and examine the evidence while it’s still fresh.

When a negligent driver injures you in Texas, you are entitled to compensation for your lost wages and your projected future lost wages, your current and projected future medical bills, your personal suffering and pain, and your related damages and losses.

Let the Kahn Law Firm Fight on Your Behalf

The Kahn Law Firm routinely fights on behalf of traffic crash victims who’ve been injured by negligent motorists in the greater Houston area. We are a husband and wife law team with twenty years of legal experience.

If you’ve been injured in a multi-vehicle traffic accident because another motorist was negligent, call us to arrange a free consultation. If the Kahn Law Firm represents you, you’ll owe no lawyer’s fee in advance and no lawyer’s fee unless and until we obtain your compensation.

We will handle your case with urgency and care, we will return your phone calls promptly, and we will work tirelessly and effectively to bring your case to its best possible conclusion. To learn more or to begin the legal process now, contact the Kahn Law Firm by calling 713-999-6549
.

What Are My Legal Rights as a Rideshare Passenger?

As a rideshare passenger in Texas, you have the right to a safe and secure journey. If you experience an accident while using a rideshare service like Uber or Lyft, you can seek compensation for any injuries or damages.

Texas law stipulates that rideshare companies must carry a $1 million liability insurance policy. This policy is designed to cover damages in the event of an accident. However, this policy only kicks in under certain conditions. For instance, if the rideshare driver is not logged into the app or does not have a passenger, the company’s insurance may not cover the accident.

Consider a scenario where a rideshare passenger, Sarah, was traveling through Dallas when her driver, distracted by an incoming message, ran a red light and collided with another vehicle. Despite wearing her seatbelt, Sarah sustained significant injuries. Under Texas law, Sarah can claim compensation not only for her medical costs but also for the psychological impact and the disruption to her career, as the driver’s negligence directly led to the accident.

What Should I Do if I Am Injured in a Rideshare Accident?

If you get hurt in a rideshare accident, your top priority should be to get medical help. Even if your injuries seem minor, it’s crucial to get checked out by a healthcare professional. Some injuries may not be immediately apparent and could worsen over time if left untreated.

Next, report the accident to the rideshare company through their app. This is an important step in establishing a record of the incident. Also, gather as much information as you can about the accident. This includes the driver’s name, vehicle information, and any witness statements. If possible, take photos of the accident scene and your injuries.

Lastly, reach out to a seasoned lawyer who focuses on rideshare accident cases. They can assist you through the intricate procedure of pursuing compensation and safeguard your rights.

Imagine Bob, a passenger in a rideshare, who suffers whiplash and a broken wrist in an accident caused by his driver’s fatigue. Bob immediately contacts a personal injury attorney, who advises him to keep a detailed journal of his medical treatments and the impact on his daily life. This documentation helps establish a comprehensive claim, encompassing both the immediate medical costs and ongoing physiotherapy, ensuring Bpb receives adequate compensation to cover all his rehabilitation needs.

How Can I Prove Fault in a Rideshare Accident?

Proving fault can be complex in a rideshare accident. In Texas, the law operates under a “modified comparative fault” system. Your compensation could be decreased if it is determined that you are partly responsible for the accident.

Evidence is essential in determining fault. This may involve police reports, witness testimonies, photographs of the accident site, and any accessible video recordings. A skilled attorney can assist in collecting and examining this evidence to construct a robust case for you.

As mentioned earlier, Texas operates under a “modified comparative fault” system. If it is determined that you are partly responsible for the accident, your compensation could be decreased by the proportion of your fault. For example, if you are deemed to be 20% at fault, your compensation would be reduced by that same percentage.

Even if you bear some responsibility, you can still pursue compensation. A knowledgeable lawyer can explain how this system operates and its potential effects on your claim.

What Compensation Can I Expect?

The compensation you can expect after a rideshare accident depends on several factors, including the extent of your medical bills, the severity of your injuries, and whether you’ve lost income due to the accident.

In Texas, you may be entitled to compensation for:

• Medical expenses: This covers both present and anticipated medical costs associated with your injuries.
• Lost wages: Compensation may be available for income lost if your injuries prevent you from working.
• Pain and suffering: This encompasses the physical and emotional anguish resulting from the accident.
• Property damage: You may receive compensation if your personal items were damaged in the accident.

How Can an Attorney Help Me After a Rideshare Accident?

Dealing with the consequences of a rideshare accident can be daunting.
An experienced attorney can provide invaluable assistance during this challenging time. They can assist you in understanding your rights, collecting evidence, negotiating with insurance firms, and representing you in court if needed.

An attorney can also help you navigate the complexities of rideshare insurance policies. These policies can be confusing, and insurance companies often try to minimize payouts.

Time is of the essence after a rideshare accident. In Texas, personal injury claims are subject to a two-year statute of limitations. This indicates that you have two years from the accident date to initiate a lawsuit. An attorney can assist in making sure you adhere to all necessary deadlines.

If you have been involved in a rideshare accident, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.

How Does Texas Determine Fault in Multi-Truck Collisions?

In Texas, determining fault in multi-truck collisions is a complex process. It involves a thorough investigation of the accident scene, examination of the vehicles involved, and analysis of any available video footage or witness statements. The state follows a “proportional comparative fault” system, which means that each party involved in the accident can be assigned a percentage of fault.

How Does Texas Law Define ‘Proportional Comparative Fault’?

The “proportional comparative fault” system is particularly important in multi-truck collisions, where multiple factors like speed, adherence to traffic signals, and compliance with safety regulations play into determining fault. For instance, if a truck driver was speeding and another was improperly loaded, both might be found liable, with damages apportioned according to their percentage of fault.

The analysis often extends to reviewing dashcam footage, GPS data, and electronic logging devices, which provide crucial information on driver behavior and vehicle movement before the collision. Witness statements form an essential part of the evidence, offering perspectives that may not be captured by cameras or sensors.

Legal skill is vital in these cases as attorneys for the involved parties might negotiate based on the evidence gathered to determine the proportion of fault. In scenarios where fault is contested, these cases can escalate to court, where a judge or jury will evaluate the evidence to assign fault percentages.

What Role Does Negligence Play in Multi-Truck Collisions?

To prove negligence in a multi-truck collision, it is necessary to establish four key elements:

1. Duty: In the context of truck driving, the “duty of care” is typically straightforward to establish, as drivers have a legal obligation to operate their vehicles safely to avoid harming others on the road.
2. Breach: Once duty is established, the plaintiff must demonstrate that the defendant breached this duty. This could involve showing that the driver violated traffic laws, such as by speeding, failing to signal, or operating the vehicle while fatigued or under the influence. It might also involve proving a failure to maintain the truck properly, such as neglecting necessary repairs or ignoring required inspections.
3. Causation: The plaintiff must then prove causation, showing that the accident and the plaintiff’s injuries were directly caused by the defendant’s breach of duty. This often involves complex reconstructions of the accident to demonstrate how the actions or inactions of the driver were directly responsible for the collision. The involvement of multiple trucks can complicate this step, as it may be challenging to pinpoint which actions led to the accident.
4. Damages: Finally, the plaintiff must prove that they suffered actual damages due to the accident. This can include physical injuries, property damage, lost wages, and other economic losses. Non-economic damages, such as pain and suffering, may also be considered.

What Are the Steps Involved in a Multi-Truck Collision Investigation?

Investigating a multi-truck collision is a meticulous and structured process, requiring attention to detail and skill in various fields. Initially, law enforcement and accident reconstruction specialists arrive at the scene to secure and document it. This includes a thorough examination of the vehicle positions, skid marks, debris, and any environmental factors that could have contributed to the incident.

Photographs and measurements are taken extensively to create a detailed map of the scene. These visual and physical records are crucial for reconstructing the event during later analyses. Investigators collect any relevant items from the scene, such as parts of the truck that may have failed or objects that might have obstructed the drivers’ views.

Following the onsite investigation, the next step involves interviewing witnesses and involved drivers to gather firsthand accounts of the accident. These testimonies can provide insights into the behavior of the drivers before the collision and other circumstantial details not evident from the physical evidence alone.

Investigators may utilize advanced technology such as drone footage or 3D scanning to capture the accident scene from different angles, providing a comprehensive view that helps in understanding the dynamics of the collision.

The vehicles involved are inspected for mechanical issues that could have played a role in the accident, such as brake failure or tire blowouts. Data from electronic logging devices (ELDs), which record vehicle speed and driver hours, are also examined to check for compliance with regulations and to see if fatigue could have been a factor.

Each piece of gathered information contributes to an understanding of the collision, aiding in determining liability and understanding what preventive measures could be taken to avoid future accidents. This detailed investigation not only helps in legal assessments and insurance claims but also plays a critical role in improving road safety standards and trucking regulations.

What Are the Common Causes of Multi-Truck Collisions?

Multi-truck collisions can occur due to a variety of reasons. Some of the most common causes include driver fatigue, distracted driving, speeding, improper loading, and mechanical failures.

What Happens if a Mechanical Failure Caused the Multi-Truck Collision?

If a mechanical failure caused the multi-truck collision, the trucking company or the manufacturer of the faulty part may be held liable. Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe to operate. If they fail to do this and a mechanical failure causes an accident, they can be held responsible.

How Can an Attorney Help Me After a Multi-Truck Collision?

An experienced attorney can provide invaluable assistance after a multi-truck collision. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What Role Do Insurance Companies Play in Multi-Truck Collisions?

Insurance companies play a significant role in multi-truck collisions. After an accident, you will likely need to deal with one or more insurance companies to recover damages for your injuries and property damage.

If you have been involved in a multi-truck collision, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation

What Should I Know About Product Liability Claims?

Product liability claims involve a complex area of law that seeks to hold manufacturers, distributors, suppliers, retailers, or other entities responsible for any injuries caused by their products. In Texas, as in other states, these claims are typically based on three theories: negligence, strict liability, and breach of warranty.

Negligence in Product Liability

Negligence refers to a situation where a company fails to the “reasonable care” standard in the design, manufacture, or inspection of a product, leading to a consumer’s injury. For instance, if a company fails to properly test a toaster and it causes a house fire, they could be held liable for negligence.

Strict Liability in Product Liability

Strict liability, on the other hand, does not require proof of negligence. Instead, it focuses on the product itself. If the product is inherently dangerous or defective and results in injury, the manufacturer may be held responsible, even if there was no negligence on their part. For example, if a child’s toy breaks easily into small, swallowable pieces, the manufacturer could be held strictly liable if a child chokes on a piece.

Breach of Warranty in Product Liability

Breach of warranty involves a situation where a product fails to perform as advertised or promised, leading to injury. This can be either an express warranty (a specific promise made by the seller about the product) or an implied warranty (an unspoken, unwritten guarantee that the product will work as expected).

What Steps Should I Take if a Defective Product Injures Me?

If you’ve been injured by a defective product, take immediate steps to protect your rights and potential claim. First, seek medical attention for your injuries. Not only is this important for your health, but medical records also provide crucial evidence in a product liability claim.

Preserving the Product and Evidence

Next, safeguard the product and any packaging, instructions, or receipts. These can serve as evidence of your purchase and the product’s condition. If possible, take photographs of the product and your injuries.

Documenting the Incident

Document everything related to your injury, including when and where the incident occurred, how the product was used, and any witnesses. This information can be very valuable when building your case.

Consulting with an Attorney

Finally, consult with an experienced attorney. Product liability claims can be complex, and an attorney can guide you through the process, ensuring you understand your rights and options.

What Are the Types of Defects That Can Lead to a Product Liability Claim?

In Texas, there are three main types of defects that can lead to a product liability claim: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects are inherent flaws in a product’s design that make it unsafe. For example, a car model that has a tendency to roll over during sharp turns would be considered to have a design defect.

Manufacturing Defects

Manufacturing defects occur during the production process. These defects are not part of the product’s design but are mistakes or errors that occur during assembly or production. For instance, a bicycle with a faulty brake system due to improper assembly would be an example of a manufacturing defect.

Marketing Defects

Marketing defects, which can also be known as “failure to warn,” involve inadequate instructions or warnings about a product’s use. If a power tool is sold without proper safety instructions, leading to an injury, this could be considered a marketing defect.

What Are the Time Limits for Filing a Product Liability Claim in Texas?

In Texas, you have a two-year window to file a product liability claim, starting from the date of the injury. However, there are exceptions to this rule. If the injury wasn’t immediately apparent, the time limit may begin from the date the injury was discovered or reasonably should have been discovered.

Statute of Repose in Texas

There’s also a statute of repose, which sets an absolute deadline for product liability claims, regardless of when the injury was discovered. In Texas, this deadline is 15 years from the date the product was sold. This means that if a product has been in use for more than 15 years, you may not be able to file a product liability claim, even if you were recently injured.

What Compensation Can I Anticipate from a Product Liability Claim?

The compensation you might receive from a product liability claim in Texas hinges on the details of your case, such as the severity of your injuries and the degree of the manufacturer’s negligence or liability. Potential damages you could recover include:

Medical Expenses

This encompasses both past and future medical costs associated with your injury, including hospital bills, medication, physical therapy, and any required surgeries.

Lost Wages

If your injury has led to missed work or impacted your earning capacity, you may be eligible for compensation for these financial losses.

Pain and Suffering

This covers the physical pain and emotional distress resulting from your injury, as well as compensation for any permanent disability or disfigurement.

Property Damage

If the defective product caused damage to your property, such as a house fire caused by a faulty appliance, you could be compensated for the repair or replacement costs.

How Can an Attorney Help with My Product Liability Claim?

A seasoned attorney can be an invaluable partner in a product liability case. They assist in navigating the intricacies of Texas law, collecting evidence, and constructing a robust case. They can also negotiate with insurance companies and manufacturers for you, striving to obtain the compensation you are entitled to.

Additionally, your attorney can help identify the responsible parties, whether it’s the manufacturer, distributor, or retailer, and establish the theory of liability, whether it’s negligence, strict liability, or breach of warranty.

Your lawyer will manage all interactions with the other parties, making sure you avoid saying or doing anything that might jeopardize your case. If necessary, they can take your case to court, advocating for you every step of the way.

If you’ve been injured by a defective product, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.

What Laws Protect Bicyclists?

For the most part, bicycles in the State of Texas are considered vehicles and are subject to most of the same traffic laws. Important information regarding the rules for bicyclists can be found in the Texas Transportation Code, and includes:

• Bicyclists are required to ride on the right side of the road as close to the curb as possible, except when they are passing a vehicle or turning left
• Bicyclists can not ride on the sidewalk
• Bicyclists are required to use arm signals when turning
• Bicyclists are required to have a white light on the front of their bicycle and a red reflector or light on the rear of their bicycle when riding at night
• Passengers are limited to the amount that the bicycle was designed to carry
• Cargo is limited to objects that allow the operator to keep one hand on the handlebars at all times

What Should You Do After a Bicycle Accident?

Following a bicycle accident, the most important step is also the hardest: remaining calm. The following information will help ensure safety and are important steps necessary for a successful bicycle accident claim:

• Call 911: Call the police and request medical attention as needed. 
• Remain at the scene of the accident: Wait for the police to arrive so that they can include all necessary information in a police report that will help any resulting claim.
• Take pictures: Take pictures of the scene, including the position and condition of the bicycle, the other vehicle, any road signs, etc.
• Document contact information: Get the contact information of the driver involved in the accident, including name, address, phone number, license plate number, and insurance information. Get the contact information of any eyewitnesses including name, address, and phone number.
• Seek medical attention: Medical clearance is needed following a bicycle accident to ensure that a serious injury is not present that is not immediately apparent, such as internal bleeding or a concussion.

How is Liability Determined After a Bicycle Accident?

Liability is determined based on the legal theory of negligence. To establish negligence, the injured party is responsible for proving the following elements:

• Duty of care: The injured party was owed a reasonable expectation of safety from the other driver. This is easily proven, as all drivers possess the inherent responsibility to maintain safety.
• Breach of duty: The negligent driver failed to uphold their duty of care by acting recklessly. An example is the failure to use a turn signal.
• Causation: The sustained injuries were a direct result of the negligent driver’s breach of duty, and without that action, the accident would not have occurred.

Comparative Negligence

Texas recognizes the rule of comparative negligence, which states that if an injured person is partially responsible for the accident, then the collected damages are reduced by the percentage of fault of the injured party. For example, if a person is found to be 30% at fault for a bicycle accident and is awarded $100,000, then the recovered damages will be reduced by 30%, and they will receive $70,000.

If a bicyclist is found to be 50% or more at fault for an accident, then they are barred from recovering any damages.

What are Common Causes of Bicycle Accidents?

There are many potential causes of bicycle accidents, including potholes, defective bicycle parts, and poor weather. However, most bicycle accidents are the result of negligence from the bicyclist or another driver. Here are the most common examples of negligence resulting in a bicycle accident:

• Pulling out in front of a vehicle or bicycle
• Driving distracted
• Driving under the influence of drugs or alcohol
• Running a red light or stop sign
• Failing to yield at an intersection
• Passing on the right
• Riding in a vehicle’s blind spot or failing to check blind spots when changing lanes
• Failing to drive in a designated bike lane

According to the Texas Department of Transportation, the following road hazards are the four most commonly affecting bicyclists:

• Sewer or cattle grates: Be aware of the road surface
• Parked cars: When possible, keep a door’s width away from parked cars to avoid unexpected openings
• Surface conditions: Be mindful of ice, water, loose gravel, uneven pavement, rumble strips, and other possibly dangerous road surfaces
• Railroad tracks: Cross railroad tracks perpendicular or head-on with the rails

What Damages Can Be Recovered From a Bicycle Accident Claim?

Recoverable compensation varies widely depending on the specific circumstances surrounding each case. The severity and permanence of injury will greatly affect compensation amounts. Possible recoverable expenses include:

• Medical expenses to date
• Ongoing and future medical expenses, including surgery, rehabilitation, and prescription drugs
• Lost wages
• Diminished earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium
• Wrongful death

What is the Statute of Limitations to File a Bicycle Accident Claim?

A statute of limitations is the legal timeframe given for filing a case. In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident, with few exceptions.

One exception to the timeframe is if the victim is a minor or mentally incapacitated. When this occurs, the statute of limitations is paused until the victim reaches legal age or becomes mentally competent. Another exception is in the event of tolling. Tolling extends the statute of limitations for individuals who were initially unaware of their injuries or the fault of the other driver when the accident first occurred.

Do I Need an Attorney?

An attorney is an invaluable asset in bicycle accident cases. They are able to talk and negotiate with insurance companies, compile evidence, and use the law to benefit you. Call Kahn Law, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.

The Basics of Wrongful Death Claims

Losing a loved one in a fatal accident is a devastating experience that no one should have to endure. When the accident is caused by the negligence or reckless actions of another party, the surviving family members may have grounds to file a wrongful death claim.

A wrongful death claim is a legal action that seeks to hold the responsible party accountable and obtain compensation for the financial and emotional damages suffered by the victim’s loved ones.

Understanding the key elements of a wrongful death claim is crucial for ensuring that you can effectively seek justice and obtain the compensation you deserve. In this comprehensive guide, we will explore the essential components of a wrongful death claim, the process of proving liability, and the steps you can take to secure the justice your loved one deserves.

Key Elements in a Wrongful Death Claim

To successfully pursue a wrongful death claim, there are several key elements that must be established:

• Duty of Care: The first step is to demonstrate that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a reasonable manner and take appropriate steps to prevent harm.
• Breach of Duty: Next, you must show that the defendant breached their duty of care through their negligent, reckless, or intentional actions (or inactions).
• Causation: You must be able to prove that the defendant’s breach of duty was the direct cause of the victim’s death. This can involve complex analysis of the chain of events and the role of the defendant’s actions.
• Damages: Finally, you must demonstrate the financial and emotional damages suffered by the victim’s surviving family members as a result of the wrongful death. This can include lost income, funeral expenses, and the loss of the victim’s companionship and guidance.

By understanding these key elements, you can better navigate the process of filing a wrongful death claim and ensure that your case is built on a solid foundation.

Proving Liability in a Wrongful Death Claim

Proving liability in a wrongful death claim is a crucial step in seeking justice for your loved one. This process typically involves a thorough investigation and the collection of evidence to establish the defendant’s negligence or wrongful conduct.

Gathering Evidence in a Fatal Accident Case

One of the most important aspects of proving liability is the collection and preservation of evidence. This can include:

• Police reports and accident reconstruction data
• Medical records and autopsy reports
• Witness statements and testimony
• Surveillance footage or other visual evidence
• Expert analysis of the accident scene and contributing factors

Carefully documenting and preserving this evidence is essential, as it will form the foundation of your legal case.

Establishing Negligence or Wrongful Conduct

Once the evidence has been gathered, you must then demonstrate how the defendant’s actions (or inactions) constituted negligence or wrongful conduct. This may involve:

• Demonstrating a Breach of Duty: Using the evidence, you must show how the defendant failed to uphold their duty of care and acted in a manner that was unreasonable or reckless.
• Proving Causation: You must establish a clear causal link between the defendant’s actions and the victim’s death, showing that their conduct was the direct or proximate cause of the fatal accident.
• Quantifying Damages: You must calculate the financial and emotional damages suffered by the victim’s loved ones, including lost income, funeral expenses, and the loss of companionship and guidance.

Presenting this evidence in a clear and compelling manner is crucial to proving the defendant’s liability and securing a favorable outcome in your wrongful death claim.

Seeking Justice for a Wrongful Death

The process of seeking justice for a wrongful death can be complex and emotionally challenging. However, by understanding your rights and the legal options available to you, you can take proactive steps to ensure that the responsible party is held accountable and that your family receives the compensation you deserve.

Compensation in a Wrongful Death Claim

Wrongful death claims can result in a variety of types of compensation, including:

• Economic Damages: These include lost wages, medical expenses, and funeral costs.
• Non-Economic Damages: These include compensation for the loss of companionship, emotional distress, and the victim’s pain and suffering.
• Punitive Damages: In some cases, the court may award punitive damages to punish the defendant for their egregious conduct and deter similar behavior in the future.

The specific types and amounts of compensation will depend on the unique circumstances of your case and the applicable laws in your state.

Hiring a Wrongful Death Attorney

Navigating the legal system and pursuing a wrongful death claim can be a daunting task, especially during a time of grief and emotional turmoil. That’s why it’s crucial to work with an experienced wrongful death attorney who can guide you through the process and ensure that your rights are protected.

A skilled wrongful death attorney can:

• Investigate the Accident: They will thoroughly investigate the accident, gather evidence, and work with experts to build a strong case.
• Negotiate with Insurance Companies: They will handle all communications and negotiations with insurance companies, ensuring that you receive the maximum compensation possible.
• Represent You in Court: If necessary, they will represent you in court and advocate for your rights, fighting to hold the responsible party accountable.

By working with a wrongful death attorney, you can focus on the emotional healing process while ensuring that your legal rights are protected and that justice is served.

Schedule Your Free Consultation

Losing a loved one in a fatal accident is a devastating experience, but you do not have to face the aftermath alone. By understanding the key elements of a wrongful death claim and the process of proving liability, you can take the necessary steps to seek justice and obtain the compensation your family deserves.

Working with an experienced wrongful death attorney is crucial in navigating the legal system, dealing with insurance companies, and building a strong case to hold the responsible party accountable. With their guidance and advocacy, you can focus on the emotional healing process while ensuring that your legal rights are protected and that your loved one’s memory is honored.

If you’re ready to speak to the legal team at the Kahn Law Firm, P.C, contact us today to schedule a free consultation.

What are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can occur anywhere for a variety of reasons. They are typically the result of property owners who act in a careless manner that results in an accident. Examples of actions that contribute to slip and fall accidents include:

• Poor lighting
• Loose handrails, missing steps, and poorly maintained stairs
• Uneven surfaces
• Unmarked hazards and obstacles
• Poor maintenance
• Accumulation of snow and ice
• Water or other liquids left on the floor

What are Common Slip and Fall Injuries?

When a young, healthy individual falls, significant injury is usually avoided. However, when an older individual or person with other contributing health factors falls, the sustained injury can be extensive. Common injuries that occur with slip and fall cases include:

• Hip fractures
• Concussions and other traumatic brain injuries
• Back injuries
• Spinal cord injuries
• Neck injuries
• Broken bones or fractures

How is Liability Determined in a Slip and Fall Case?

According to the basics of premises liability laws, property owners have a legal obligation to guests, customers, and other visitors who come onto their property to maintain a reasonably safe environment. Most slip-and-fall cases rely on the following information:

• Did the property owner act carefully so that a slip or trip was unlikely to occur?
• Was the injured party acting carelessly by not seeing or avoiding the hazard responsible for the fall?

To hold a business or property owner responsible for injuries suffered following a slip and fall, one or more of the following situations must be true:

• The owner or employee must have caused or created the hazard.
• The owner or employee must have known of the hazard and failed to take reasonable steps to address the hazard or to limit the danger.
• The owner or employee should have known of the danger because any “reasonable” person who takes care of the property would have discovered and addressed the issue

Comparative Negligence

Texas recognizes the legal doctrine of comparative negligence that evaluates the injured party’s contribution to the accident. Under comparative negligence, the percentage of fault that is held by the injured party is the percentage that damages are reduced. For example, if a person is found to be 20% at fault for an accident and receives a judgment of $100,000, then they will receive $80,000. If a person is found to be 50% or more at fault, then they are barred from receiving any compensation. Examples of fault or shared fault that would be contributory negligence include:

• Accessing a part of the property where visitors are not allowed or expected to be
• Not paying attention when walking
• Wearing inappropriate footwear
• The condition was marked by cones or signage
• The dangerous conditions should have been obvious

How Does Visitor Status Affect Premises Liability Claims?

Property owners are only liable for accidents if they are aware of the danger and fail to take necessary and reasonable steps to address it. Texas state law requires property owners to take reasonable care to maintain the property for visitors. The level of care that is required depends on the visitor’s status on the property. There are three designations for visitor status:

• Invitee: An invitee is a person who has been permitted to enter the property. Property owners who know about a dangerous situation on the property and do nothing to repair it or warn others about it can be held responsible for any injuries that result from their negligence.
• Licensees: This group of visitors has the landowner’s express or implicit permission to be on the property. The landowner owes licensees a lesser obligation of responsibility to warn of harmful situations if the licensee is unlikely to discover them.
• Trespassers: Trespassers are individuals who are on an owner’s property without permission. Owners have no responsibility to trespassers other than not intentionally injuring them.

Attractive Nuisance

An attractive nuisance is any potentially dangerous condition or object on a person’s property that may attract and pose a danger to children. Examples of attractive nuisances include swimming pools, trampolines, or abandoned structures.

Property owners have a legal responsibility to take reasonable steps to prevent children from accessing these potential dangers in an effort to avoid accidents and injuries. Failing to secure these features could result in a liability claim if a child is harmed, even if the injury is a result of the child trespassing.

How is Negligence Proven in a Slip and Fall Case?

Evidence and other proof of negligence in a slip-and-fall case can be hard to obtain. To determine a property owner’s “reasonable” action in addressing slip hazards, the law focuses on regular efforts to maintain a safe and clean property. Negligence can be proven with the following evidence:

• Inspection records from the property
• Any safety violations issued to the property owner by local, city, or state officials
• Security camera footage of the accident
• Statements from eyewitnesses to the accident
• The shoes worn during the accident
• Medical records showing the received treatment following the accident

What Damages Can Be Recovered?

Recovered damages will vary depending on the specific circumstances of the case. Possible compensation includes:

• Medical expenses to date
• Future or ongoing medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering

Do I Need an Attorney?

If you or a loved one has been injured in a slip and fall accident, then you have legal options available to receive the compensation you deserve. Call Kahn Law Firm, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.