Kahn Law Firm, P.C.

The Time is Now

If you or a loved one have suffered a brain injury, contact your personal injury attorney immediately. The sooner you start working with your trusted legal advocates to ensure you take the proper steps, the better your chances of obtaining the compensation you deserve.

Gathering evidence to support your case begins with the first and any follow-up medical records relating to the brain injury. Compensation in brain injury cases can vary widely based on the severity of the injury and what obstacles it causes in the victim’s life.

Types of Losses to Pursue Following a Brain Injury

Medical expenses can seem straightforward, but remember to include all of them, such as prescriptions, any therapy you completed, and more.

Lost income is another large category. Any time you missed work due to the injuries should be calculated. Whether it was while you were healing, completing the recommended treatment, resting at home as recommended by doctors, or other times that you missed out on wages as a direct result of the brain injury, it should be documented.

Future earning capacity should also be calculated if it is diminished in any way due to the injuries. For example, suppose you were once capable of a particular position, but due to the long-lasting effects of the brain injury, you are no longer capable of completing the tasks at the same level. In that case, you may now have diminished earning capacity and, therefore, should be compensated for it.

Similarly, if you have future anticipated medical needs, these costs should also be covered. If some future surgeries or therapies will be needed to continue healing, you can include the estimated costs of this and include it in the damages you pursue.

Severe brain injuries can also lead to pain and suffering by those who endure them. Cognitive or motor functions can be impaired, problem-solving abilities can be diminished, anxiety and depression may have presented or worsened as a result of the injuries, and more. Though not tangible losses you can quickly compute, your personal injury attorney can ensure that these losses are included in the overall damages you seek.

Factors That May Affect the Compensation Following a Brain Injury

Courts will review all angles to determine what compensation a victim may be entitled to. Both parties will be carefully analyzed to determine what is reasonable and acceptable.

For example, the other party’s financial position will be analyzed to determine what they are capable of paying. Whether or not they have adequate insurance, if they are financially stable, and more may be reviewed by the courts.

The courts may also review your lifestyle, age, career path, and more before the accident. This perspective can help paint a picture of how much the injury has impacted your life and how long it may continue.

For example, if you are young and have children, rather than approaching retirement, the amount of compensation may vary significantly as both scenarios would require different financial needs.

What Are Punitive Damages?

Punitive damages aren’t applicable to every case. Punitive damages are reserved for those cases that are incredibly negligent or intentional. For example, if a brain injury occurred as a result of a car accident where the other party was driving while intoxicated, this may result in punitive damages.

Punitive damages are meant to accomplish two things. Typically, they are to punish the offender for a particularly negligent or intentional act and serve as a deterrent for others to act in the same ways, leading to severe injuries.

The amount of punitive damages awarded can vary greatly but are much higher if it’s determined that malicious intent or wanton disregard for injuring the victim was evident.

How Can a Personal Injury Attorney Help Me or My Loved One With a Brain Injury Case?

Your experienced personal injury attorney can handle various aspects of your case while you or your loved one focuses on healing and following doctor recommendations.

Many cases regarding brain injuries are settled out of court, meaning you may not be required to go to trial. Your attorney can begin gathering the necessary evidence to provide all relevant parties with sufficient proof of the injuries sustained. Medical records, lost wages, and many other documents can help paint the picture of why you or your loved one deserve ample compensation.

As discussed above, your attorney can also closely analyze and calculate what future losses you may incur or what intangible losses you have endured thus far, whether emotional distress, loss of enjoyment of life, or more. These items can’t be calculated with tangible documents to support them, but your attorney can estimate a reasonable and fair number to pursue.

Handling negotiations with insurance companies or other parties is a skill that personal injury attorneys obtain through years of experience helping clients. By working with them, you can ensure that you have a strong and professional ally to go to bat for you and your loved ones and that you aren’t settling for less than you deserve.

Your Tireless Advocates

With an established pattern of helping our clients recover the damages they or their loved ones have endured, we are confident that we can help you, too.

We pride ourselves on defending our fellow Texans when they have endured unimaginable losses due to the negligence of others.

Contact our office at 713-999-6549 to set up your free initial consultation today and learn more about how we can best assist you.

Minor Crashes Can Still Result in Severe Injuries

You may have been there before, where you get into what feels like a minor fender bender and don’t suspect any significant injury issues. What may be a seemingly minor issue can still result in substantial or severe damages if not treated immediately.

Not only is it problematic to let injuries fester without treatment, but waiting to seek medical attention can lead to legal obstacles should you choose to pursue compensation following the accident.

How Our Bodies Respond to Car Accidents

Our bodies are prepared to ensure we can get through stressful or dangerous situations. There are a couple of things that happen following a traumatic event, such as a car accident. The first reaction our bodies typically experience is the creation of endorphins. Endorphins are meant to block the pain we may be feeling; therefore, until the endorphins are no longer released in our brains, we may not feel pain resulting from the accident.

Adrenaline may be familiar to most of us, but not in the way that you may experience it following a car accident. The adrenaline rush is typically our bodies’ first natural response to an accident. Regardless of the crash’s severity, a significant amount of force normally crosses through the body, which can result in many issues.

Adrenaline is a good mask for injuries you may have sustained, as when you are experiencing it, you feel almost hyper or more alert rather than dazed or sluggish due to the accident. This hyper and aware state, coupled with pain-blocking endorphins, may lead us to believe that we are fine and haven’t suffered any injuries, and this can be a severe mistake.

What Signs Should I Be Aware Of?

A headache is one of the most common symptoms we may experience following an accident. Some may brush this off as a minor issue, but it can indicate more severe injuries. Our body and head can be knocked against the vehicle’s frame or a window/windshield in many collisions. This collision can result in your brain shifting inside your skull or causing trauma to your neck or head. These injuries can often lead to Traumatic Brain Injuries, which can be highly problematic and can be permanent.

It’s crucial to seek medical attention if you are experiencing headaches, which can sometimes take hours or even days to appear.

Soft tissue injuries such as whiplash are also prevalent after a car accident. Whiplash occurs when the head is suddenly jerked back and forth, resulting in severe damage to the neck muscles and soft tissue. Tearing or stretching of the neck muscles can also occur, resulting in a lower range of motion and stiffness, and typically need to be medically addressed through physical therapy or other treatments.

Tingling or Numbness

Another symptom to be aware of is tingling or numbness. This symptom is commonly attached to injuries to the spine, traumatic brain injuries, or nerve damage. All of which can worsen significantly over time if left untreated and can result in permanent issues.

When immediately diagnosed or discovered, these injuries are much more responsive to treatment, and the treatment options are more plentiful. If one waits to seek medical attention, the injuries may have escalated and can result in far more severe medical ailments and limited resources to treat them.

What If I’m Experiencing Abdominal Pain?

Abdominal pain may be tricky to perceive, as some pass over it assuming that due to the traumatic event, they are just “shaken up” and, therefore, are experiencing abdominal issues.

You should pay attention to the pain’s severity and keep a record of it. If it persists, you should seek medical attention immediately, as it can mean internal bleeding, which can be life-threatening if it goes untreated.

Especially if the abdominal pain is coupled with feeling faint or dizzy, it’s crucial to seek medical attention immediately.

Back Pain

Another tough pain to perceive is back pain, in terms of whether it’s severe enough to seek medical attention. Many pass over the symptoms or pain as just a normal response of our bodies following an accident. What can occur are far more severe injuries, such as herniated discs or other soft tissue injuries that may require significant therapy or surgery to fix.

If you listen to your body and know something is wrong, it’s important to advocate for yourself and push for an MRI or an X-ray that may show issues in the spine. Remember that having a beeline after an accident is essential so you can document the problems and treat them immediately.

Knowing what to look for and being persistent with medical staff is something that all of us should be prepared to do following an accident. A complete exam must be given to rule out possible severe issues. Medical staff won’t get it right every single time. It’s essential to ensure that you are thoroughly checked and that if you suspect something is wrong, it’s because it usually is, and you may have to push to have them check out the issues.

What we all can hope for when facing a scary or unknown situation is a strong advocate. We are fierce and tireless advocates for our clients, allowing them to tend to the injuries they are facing. We provide sound legal advice, compassionate professional guidance, and a strong advocacy for our clients when facing various legal issues.

Contact our office today at 713-999-6549 to schedule your free initial consultation and learn more about why our clients feel like family when they work with us.

Technology Today

Most of us could never dream of the technological advancements we see today in all our lives. From advancements in technology in our cars, cameras, or video surveillance to medical aspects, technology is constantly evolving. With change comes advantages and some disadvantages.

Let’s discuss how advancements can affect personal injury cases and settlements.

Advanced Technology Can Mean More Effective Resolutions in the Medical World

As advancements in the medical world continue to surface, medical professionals worldwide now have more resources available to better diagnose and treat issues we face, such as personal injuries or illnesses.

From another angle, life expectancies can increase due to advanced medical treatments, meaning that if we are faced with a lifelong injury, we may need financial help for longer than we would have in the past to ensure we are taken care of for the rest of our lives.

These aspects are pertinent to personal injury cases, as they will help determine more accurately what the client should pursue in damages rather than settling for the most transparent losses.

How does this affect personal injury cases? Let’s dive deeper, read on to learn more.

Precision is Key, Not Just in the Medical Profession

Medical professionals are more prepared to accurately diagnose and effectively treat patients through medical advances, meaning that they may be able to reduce the costs incurred by getting the diagnosis correct in a shorter amount of time. New technology emerges all the time, helping with both diagnosis and treatment, allowing for what may have been life-changing injuries to become more manageable in the future.

Advancements also allow for personal injury attorneys to better calculate the losses incurred for those affected by personal injury. Though calculations were powerful before, they are now backed by more sufficient evidence and can be more accurately calculated, helping all personal injury victims across the world.

For example, personal injury cases don’t just account for the losses incurred to date, but they are proactive in accounting for future losses due to the injuries sustained. With better technology, medical analysis can more precisely predict the long-lasting effects of injuries, thus allowing your experienced attorneys to fight for future financial needs vigorously.

Advancements in Mental Health Concerns

Mental health issues or concerns are consistently being researched so we have a better understanding of how to manage them. Personal injuries can result in post-traumatic stress disorder, depression, anxiety, and more.

If any of these symptoms or issues are present, it can significantly affect one’s ability to work now and in the future. Medical advancements in this area can ensure that those who need it are sufficiently helped with ongoing care and treatment.

These treatment plans are vital to those who are suffering and, therefore, need to be accounted for in personal injury cases. Even if no significant physical injuries were endured, personal injury victims may incur substantial mental health or emotional issues from the incident that decrease or eradicate their capacity to work as they once did.

What Damages Can I Expect to Pursue in a Personal Injury Case in Texas?

If you or a loved one were injured in an incident, it’s no news to you that the medical expenses incurred can add up rapidly, causing financial distress. Meanwhile, you are likely unable to work or at a diminished capacity until you are fully healed, making your income less than it used to be. This scenario can quickly lead to financial issues you may be unprepared for.

Pursuing damages following a personal injury case is vital to moving forward, and as experienced personal injury attorneys, we fight tirelessly to ensure our clients never settle for less.

The two common categories pursued following a personal injury case are economic and non-economic damages.

 

Economic damages are typically those that are backed by tangible evidence. Medical costs are easily calculated using medical bills; property damages can be accounted for through the bills incurred to fix your vehicle or other property, and lost wages can easily be calculated.

What about the losses incurred that aren’t as tangible? Mental anguish, depression, anxiety, loss of enjoyment of life, and more aren’t going to have a dollar sign attached as a car repair bill would, but they are equally, if not more, important in affecting our lives.

With medical advancements, medical professionals can better understand the lasting effects that mental health issues have on our lives and, therefore, our ability to work. This knowledge translates well to ensuring that our clients are protected for years to come and not just reimbursed for expenses incurred thus far.

For example, suppose medical professionals discover more accurately what level of anxiety or PTSD you may have and what the required ongoing treatment for it is. In that case, it helps us determine your capacity to work and how the treatment will affect you in the distant future. Calculations can be made based on this and better supported through medical advancements, ensuring you aren’t left with unnecessary financial burdens.

Your Tireless Advocates. Your Necessary Ally.

Our team is family, and we treat our clients as if they are family, too. We pride ourselves on our Christian values, including integrity, honesty, and compassion. We work tirelessly with our clients with patience and fierce advocacy for what is right for them and their loved ones.

No one should settle for less than they deserve when faced with an injury due to someone else’s negligence. Call our office today at (713) 999-6549 to schedule your free initial consultation and learn more about how we can best assist you.

We look forward to your call.

Navigating a Claim for Injuries Suffered While Traveling Out of State

More Americans are traveling now than ever, whether for business, pleasure, or even medical care. When an injury happens on an out-of-state trip it can be complicated to sort out whether

you have a personal injury claim, what laws will apply, and how to pursue a potential claim once back in Texas. An experienced and skilled personal injury attorney at Kahn Law Firm can help to explain your options and pursue compensation if a claim is warranted.

What Law Applies if an Accident or Injury Occurs Outside of Texas?

While a Texas resident would be most likely to file a personal injury claim in Texas, even if the injury happened elsewhere, Texas law may not always apply. Determining what laws will apply in a given case is known as “Choice of Law,” for which Texas follows Section 146 of the Second Restatement of Tort. That section states, “In an action for a personal injury, the local law of the state where the injury occurred determines the rights and liabilities of the parties, unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence and the parties, in which event the local law
of the other state will be applied.” It is important to note here that “state” is used to include foreign countries, as well–not just states within the U.S. Determining choice of law is complex and may vary based on the kind of injury, the state or country involved, and other details particular to your situation. Consulting a personal injury attorney who has expansive knowledge of both personal injury and Texas law is your best move in understanding the complexities of cross-border personal injury claims. Call Kahn Law Firm today for a free initial consultation: 713-999-6549.

What Can I Do to Strengthen My Case?

Whether your injury occurs in Texas or elsewhere, the best thing you can do to strengthen your case, in addition to hiring an experienced personal injury lawyer, is to document everything you possibly can. Once your safety is ensured and you have sought any necessary medical attention, it is a good idea to begin gathering whatever evidence you can think of concerning the circumstances surrounding your injury. Maintaining written records, taking photos when applicable, and securing the contact information of possible witnesses can all be important to your potential case. Time is of the essence because evidence can often disappear, whether conditions change naturally or potential targets of the claim intentionally destroy or alter evidence. For example, if you are injured by falling on wet tile in a public place that should have had a warning but did not, taking a photo before the liquid is cleaned up or evaporates or a warning sign is placed can be important to establishing conditions at the time of the accident.

Please do not prioritize evidence gathering over your own health and well-being, however. Seek medical attention immediately, most importantly to get the care you need and ensure your safety, and also to get documentation of your injuries from medical professionals.

What Kinds of Cross-Border Personal Injury Claims Typically Occur?

Common personal injuries that can happen anywhere involve accidents like slips and falls; dog bites; car, truck, motorcycle, rideshare, or pedestrian accidents; defective product injuries; or exposure to toxic substances, to name just a few. In addition, cross-border medical malpractice cases are on the rise, as many U.S. residents seek lower-cost or specialized medical and dental care in other states or countries.

Sometimes, we let our guard down while traveling or engage in riskier behaviors than we would at home. Travel is often synonymous with adventure, and this can lead to an increase in injuries with more complex legal issues attached than those of injuries suffered in your home state or country. Most travelers don’t travel to play it safe–we want to experience sailboarding or visit an amusement park, for example, and that is great! But if an injury occurs that was the result of negligence, you may have grounds for a personal injury claim, even if you were in another state or country. Our skilled personal injury attorneys can help you through every step of the process.

How Can Kahn Law Firm Help in My Cross-Border Injury Case?

Texas residents are traveling out of state at high rates. Just in the holiday period from December 23 to January 2, 2023 AAA estimated that 8.9 million Texans would travel 50 or more miles away from home, many of them to other states or countries. As a border state, Texas sees many residents traveling to Mexico for medical or dental procedures. Sadly, the outcome is sometimes not what the traveler was hoping for. Whether a disappointing outcome is the result of malpractice and subject to a personal injury claim is certainly a question we are happy to assist you in answering.

Call our office today at (713) 999-6549 to schedule your free initial consultation and learn more about how we can best assist you with your potential cross-border injury claim.

We look forward to your call.

It can be difficult to always be vigilant when it comes to avoiding accidents at the workplace. People are often trained in the ways of safety on the job, knowing which circumstances to avoid and which habits not to get too comfortable with. Regardless of how careful you are or how much you try to prevent it, an accident is going to happen, and it most likely isn’t going to be losing a finger to a piece of machinery. According to the Occupational Safety and Health Administration (OSHA), the most common accidents at the workplace are slips and falls. Slips and falls are also among the leading causes of fatal accidents on the job.

Here, we will go over the types of work accidents, along with their most common causes, and what you should do if you are injured on the job site.

Slip and Falls

Slips and falls are one of the leading causes of work accidents. “Slip and fall” is a blanket term that also includes trip hazards, slips, and falls that are the fault of the property owner, which is most often the company you work for. Slip and fall injuries can result from spills, changes in floor height, unmanaged cords, such as extension cords or other cabling, and worn rugs or carpeting. It is the property owner’s responsibility to maintain a safe work environment.

Proving Liability for Slips, Trips, and Falls

If you intend to pursue a claim for an injury caused by a slip and fall accident, you will have to prove that the negligence of the property owner created a dangerous condition that ultimately led to your accident.

It must be proven that the property owner either created the unsafe condition, knew the hazardous condition existed but failed to fix it, or the dangerous condition existed long enough that the property owner should have been aware of and corrected the issue before it resulted in an accident.

Vehicle Related Accidents

Motor vehicle crashes are the leading cause of work-related deaths in the U.S. Accidents can occur while operating a vehicle “on the clock.” Occupations such as long-haul drivers, construction, and even forklift operators make up the majority of vehicle accidents at the workplace.

Injuries are not reserved for those inside the vehicle. Construction workers are often at risk of being involved in a vehicle accident. Being struck by a car while working a job site near an active street is dangerous business.

Proving Liability for Vehicle Related Accidents

Proving liability for work accidents involving a vehicle is necessary if you intend to pursue a claim. Your employer is required to adequately train you in the safe use of any company vehicles. If you were not adequately trained and it resulted in an injury at the workplace, your employer may be liable for that injury. Likewise, your employer may be liable if your employer requires you to operate a vehicle beyond the number of consecutive driving hours, which is a maximum of 15 consecutive hours in a day or 70 hours in a work week.

If your employer made you operate a vehicle that was overweight, loaded with too much cargo, or a vehicle that was in poor maintenance, they may be liable for any vehicle-related accidents caused by that vehicle.

Employers are required to supply a safe work environment for their employees. If an unsafe work environment leads to a construction worker working a job site and they are struck by a vehicle because of their employer’s neglect, again, they may be liable for the accident.

Electrical Hazards

Electrocution is a hazard that is often difficult to predict. While it can be a safety issue for linesmen and electricians, eclectic hazards can exist in any workplace. Faulty electrical outlets and exposed or worn wires can create an electric hazard and an unsafe work environment.

Proving Liability for Electrical Hazard Accidents

Similar to the above examples, proving negligence is an essential part of proving liability. Employers must properly train their employees to work in their environment in a safe manner. Employers are required to supply a safe workspace if they knew about the hazard but failed to repair it or they had a reasonable amount of time to discover and repair the danger but did not; they may be liable for an accident that occurred because of an electrical hazard.

Overexertion and Muscle Strain

Sometimes, “wear and tear,” not of machinery or equipment but of your body, can lead to an accident. These accidents can be sudden or cumulative. Repetitive work with no breaks, jumping, lifting, pushing, carrying, or using improper technique can all lead to an accident at work. The repetitive motion of using a mouse and keyboard may lead to injuries.

Proving Liability for Overexertion

Your employer is required to train you in the safe practices of physical tasks required by your job. Their failure to do so, or their neglect to create a safe work environment, can lead to an accident and, worse, a significant injury. They are also liable for requiring continuous strenuous exertion without a proper break. Employers are required to supply safety equipment, such as lift belts, to ensure you are able to do your job and stay safe in the process.

Your Next Step After a Work Accident

Your first step if you are injured because of a workplace accident should be to seek out medical treatment. Your next step should be to contact the experienced attorneys of The Kahn Law Firm, P.C. You can get information and schedule a free consultation today by calling 713-999-6549. When it comes to your injury, do not wait. Building your case as soon as possible is vital for a solid personal injury case and is your best course of action for getting the financial compensation you are owed.

What Are the Dog Bite Laws in Texas?

Experiencing a dog attack can be extremely frightening, especially if you or your child was the victim. Mauling by a vicious animal can result in deep wounds, infection, and even death. If a dog attacks you or your loved one, you should get medical attention immediately to prevent permanent damage. Once you are safe, you should consider bringing a lawsuit against the negligent owner.

In Texas, owners are held responsible if they knew of a previous attack or knew that the dog acted like it was going to hurt someone. The best way to see whether you have a valid lawsuit is by reaching out to experienced personal injury attorneys like those at our law firm. We will review the details of your case and help you understand your legal options. Call today to learn more about how we can help at 713-999-6549.

State Law

Texas has state laws that govern dog bite incidents. One famous statute is known as the “one bite rule.” Dog owners and landlords can also be held accountable for acting negligently when they know their dog is potentially dangerous.

The One Bite Rule

The one-bite rule is significant in dog bite cases because it prevents victims from seeking compensation if the incident is the first time the dog has acted in a vicious manner. The law aims to protect owners who did not know that the dog would react this way. However, please note that the rule applies to more than just biting. If the dog ever acted like it would hurt someone, even if it did not do so, the owner could be liable for future attacks.

Negligence

Texas law permits dog bite victims to take legal action if an incident occurs because of the owner’s negligence. For example, if the owner knew about the dog’s vicious nature and allowed it to roam at large, they could be held liable. Owners who violate animal control statutes may also be at fault in a personal injury case.

Landlords also have a duty to protect their tenants from known dangerous animals, and legal action may be taken if a landlord or landowner fails to fulfill this obligation, resulting in someone’s injury or death.

Local Ordinances

It is also essential to understand that local ordinances may vary from Texas state law. Some locations have placed stricter rules for dangerous animals, while others make more exceptions for owners. Please get in touch with a legal representative in your area to learn more about your legal duties and rights.

What Compensation Can I Recover for My Dog Bite Injuries?

A successful dog bite case can recover economic and non-economic damages on behalf of victims. Call our law firm right away to get excellent representation and recover maximum damages for your injuries.

Economic Damages

Economic damages include items with an exact monetary cost. These may include:

• Medical expenses
• Hospital charges
• Past and future Doctor’s visits related to the injury
• Time missed at work
• Decreased earning capacity

Non-Economic Damages

Non-economic damages are more challenging because they do not have a monetary value that is easy to assess. However, they are equally important in a personal injury case.

Some non-economic damages you may be entitled to include:

• Disfiguration
• Catastrophic injury
• Loss of enjoyment of life
• Wrongful death

How is Liability Determined in a Dog Bite Incident?

In any personal injury case, it is critical to determine liability. Your ability to collect compensation depends on proving the following:

• The at-fault party owed you a duty of care, such as preventing their vicious dog from attacking you.
• The other person failed to fulfill their duty of care.
• Their actions caused serious damage to you or your loved one.

Owner Negligence

According to the Texas Health and Safety Code, a dog owner may be liable for a dog mauling if the person “fails to secure the dog and the dog makes an unprovoked attack on another person…that causes serious bodily injury.” However, if the person had the dog on a leash and made reasonable attempts to control the dog, or if the attack was provoked, this could affect the victim’s ability to recover damages. Call a knowledgeable dog bite attorney to learn whether you have a valid legal claim for your dog bite injuries.

Landlord Liability

Landlords also have a duty of care to protect their tenants from known dangerous animals. If you suffered a dog attack in a building where a landlord should have known about a vicious dog and did not remove it, you could have a claim against that landlord. Reach out to our dog bite lawyers immediately to learn more about what to do next.

Can Our Team of Dog Attack Attorneys Help You?

You have our deepest sympathies if you or your loved one experienced a dog attack. We understand the trauma and anguish the attack has caused you and your family, and we promise to fight aggressively to help you recover the compensation you deserve.

Please don’t suffer alone. Allow our experienced dog bite attorneys to investigate your case and uncover the evidence necessary for you to recover damages for your injuries. Our dedication, skill, and honesty have helped countless clients get the compensation they deserve. We will leverage that experience to bring you the results you need in your dog bite injury case.

You can rely on the help from The Kahn Law Firm, P.C., when you need to hold a negligent party accountable for your injuries. Let us handle the legal work so you can rest and recover. Call today at 713-999-6549 or contact us online to schedule your initial consultation.

Negligence and Recklessness at a Glance

If you have been involved in an accident recently, either as the one responsible for it or the one affected by it, you may have encountered words like “negligence” and “recklessness” in your research. While contemplating a case, let’s say, a personal injury case, the plaintiff will assert that the injury was a result of either negligence by the defendant or recklessness by the defendant.

When it is boiled down to the basics, the main difference between negligence and recklessness is whether or not someone has knowledge of whether their actions may have been harmful to someone else or someone else’s property.

What is Negligence?

In the state of Texas, negligence is defined as failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another. Negligence is often the legal basis for many personal injury cases. Negligence is seen mainly as accidental. When negligence is used for the basis of a personal injury case, the plaintiff is saying that they believe the person’s actions caused harm to another. Still, it was not because the defendant knowingly acted in a way that would bring harm.

We enter into a social contract when we enter society. We take responsibility for our actions and take on the duty to act in a certain way to ensure the safety of ourselves and those around us. For example, when you drive, it becomes your duty to do so safely, to control your vehicle responsibly, and to remove distractions. As a driver, you are responsible for ensuring the safety of yourself, your passengers, and other motorists around you.

In a personal injury case, an attorney will attempt to prove that there was a breach of duty. Using the example of you as a driver, if you are speeding and you cause a car accident as a result, you have breached your duty to operate your vehicle in a safe manner.

When an attorney tries to prove negligence, they will try to confirm that the negligence caused the injury. If you are speeding and rear-end the vehicle in front of you, causing damages and injury, the attorneys will try to confirm that the accident resulted from your speeding, a result of your negligence.

The above circumstances will be weighed in a personal injury case. Negligence is measured by whether or not a reasonable person would be aware that their actions may lead to the injury of another. To continue the above example, would a reasonable person be aware of the fact that speeding may result in injury or damages? Most people would agree that, yes, we are aware of the potential hazards that surround speeding in a vehicle.

The final pillar of a personal injury case due to negligence is whether or not quantifiable damages have been caused as a result of negligence. If you rear-ended another vehicle because you were speeding, then your negligence resulted in the damages caused to the vehicle as well as any injuries caused to the passengers.

What is Recklessness?

While negligence is seen largely as an accident, recklessness is not. When someone acts in a reckless manner, they knowingly act in a manner that they are aware of, which may lead to harm or damage to another.

In the eye of the law, intent, also known as willfulness, is when someone acts in a way with the intent to harm another.

Recklessness is immediately less than intent. While someone who is reckless acts in a way that they are aware of may lead to harm to another, they do not have the intention to cause harm.

Likewise, negligence is immediately below recklessness in the eye of the law. Whereas a reckless person knows their actions could harm another, a negligent person fails to act as a reasonable person would and doesn’t exercise reasonable care.

A plaintiff will try to prove reckless behavior in one of two ways, either subjective, where it is believed that the reckless person was thinking when the act occurred. Otherwise, the actions of the reckless person will be compared to how a reasonable person would have acted.

Either way, the plaintiff will also need to determine if the reckless person was consciously aware that their actions may cause harm to another person.

If causing an accident due to speeding could be seen as negligent, speeding through a busy intersection could be considered reckless.

Generally speaking, the following are considered when determining recklessness: the reckless person acted with a high degree of awareness that it could be harmful.

The act itself is deemed unreasonable. The action is more substantial than negligence, and the reckless person acts knowing that their actions may be detrimental to others that are present.

Do I Need a Lawyer?

If you have been involved in an accident, either as the one affected by another or the person who caused the accident, you may be wondering if you should have a lawyer or not and how this situation may affect you.

If you think you should have a lawyer, then the answer is yes. The answer to the question “when” is as soon as possible. An experienced lawyer can help you navigate this situation, either by coming to your defense or by helping you determine what you are owed if you were injured by someone else’s recklessness or negligence.

The experienced attorneys of The Kahn Law Firm, P.C. are knowledgeable about injury claims and eager to help you with a no-obligation consultation. Call 713-999-6549 to schedule your consultation, or visit here to use our online form.

A Challenging Time

It’s no surprise that following a car accident can be challenging for all involved, regardless of the injuries or damages sustained. You likely have to miss work, attend multiple doctor visits to heal your injuries, and get your vehicle repaired.

All of this can become increasingly frustrating if you find out that the driver you collided with is at fault and uninsured which occurs often especially in large metropolitan areas such as Houston, Dallas and San Antonio. What options do you have? We encourage you not to give up and to discuss what you may be able to pursue by speaking with one of our team members.

You Have Options

One option that many choose to research is if their health insurance covers the costs associated with their injuries and paying the rest out of pocket. This option may be feasible if the injuries you sustained were relatively insignificant, but if not, you may choose to seek other options.

Did you purchase additional insurance coverage, such as uninsured motorist coverage? Some states, including Texas, offer this as added protection against this very scenario. Unless you refused this coverage in writing, you may already have it and not know it. A skilled attorney can help you research your coverage, analyze how to get the most out of it and negotiate with the insurance companies.

They may also need to prove that the other driver was negligent and therefore liable if it’s not an obvious scenario, which they can skillfully do for you through investigations and gathering documentation.

Filing a Personal Injury Lawsuit

In some cases, you may need to pursue the person who caused the accident personally. If you are awarded money in this case, it will generally come from the person’s assets that caused the accident.

The drawback here is that, realistically speaking, if the other driver avoided the laws of having insurance in order to save money, it’s not likely that they have assets to liquidate to cover your damages.

Investigations into what the other party has in their name may be necessary to determine whether this option is worth your time and effort. Experienced lawyers can quickly work on establishing what assets may be available and how to pursue them.

Another Aspect to Consider

A unique perspective to consider may be that a third party was involved in the accident, and they can help to compensate you for your damages. Suppose you were in an accident with someone who was on the clock in their career at the time of impact. You may be able to pursue their place of employment to bridge the gap between what your insurance will cover and the total damages incurred.

In another example, what if there was a faulty part in the car that crashed into you? Maybe there is a manufacturing issue, and you can pursue the manufacturer for the injuries you sustained. Similarly, perhaps a mechanic made a mistake in fixing a vehicle. It led to the accident, such as faulty brakes, and they may be found liable for the accident occurring.

Furthermore, there may have been a third party in the accident, such as another driver, and if they were found to be partially at fault, you might be able to pursue them for a portion of the damages as well.

What Types of Damages Can I Pursue Following a Car Accident in Texas?

Damages that you can pursue range from tangible to intangible. Though the intangibles are more complicated to calculate, a skilled attorney can help you gather estimates and accurately compensate you.

Medical bills, hospitalization, physical therapy, occupational or speech therapy, and more are tangible bills that you can gather and calculate easily.

Lost wages are also easy to calculate based on what you make per week or hourly and add up the time you missed while tending to your injuries, getting your car fixed, or pursuing damages.

Loss of future earnings – this category can be included if you can no longer perform the duties of your job as you once were before the accident. If you are forced to take a lesser-paying position that you can achieve based on limitations caused by the accident, you should be compensated for the difference.

Pain and suffering – while more challenging to determine as it’s intangible, pain and suffering can cause debilitating issues in your life now and in the future. Your skilled attorney can help you estimate the value of this and pursue it effectively.

If your loved one lost their life due to an accident, you can pursue a wrongful death action and seek recover additional damages such as funeral costs and burial costs, loss of companionship, and potentially loss of their wages.

Courts will review all relevant facts of the case, such as how it happened, the level of negligence that was exhibited by the guilty party, the severity of your injuries, and more. They will also take into account how long you may be forced to be without work, how returning to work may look, and how that will affect you and your family financially.

Challenging Yet Rewarding

We have many years of experience helping our clients with even the most challenging cases. We listen to the facts surrounding your case and help you determine your options. We are skilled at negotiations, and if that doesn’t suffice what you deserve in compensation, we are prepared to tirelessly fight for what is right for our clients.

Contact our office today at (713) 999-6549 to discuss your options and form a winning strategy so you can put this chapter of your life behind you.

What Does a DUI in Texas Consist Of?

You may have heard the term DUI or DWI and wondered what the difference was. You are not alone. Most states have both charges and related penalties, and it can be challenging to decipher between the two. DUI, or Driving while under the influence, is reserved for those under the age of 21. If they are not yet legal drinking age and are found to be intoxicated while driving, the charge and associate penalties are different than had they been 21 when the traffic stop occurred.

According to Texas state statutes, motorized vehicles and boats are included in DUI charges. “A minor commits an offense if the minor operates a motor vehicle in a public place or a watercraft while having any detectable amount of alcohol in the minor’s system.”

Consequences of a DUI for Minors

Typically, the state will need to provide clear evidence of the level of alcohol in the defendant’s system to ensure they have passed the threshold and, therefore, should receive a charge. In the case of a minor, they only have to prove that there was a detectable amount of alcohol in the minor’s system, which can lead to a Class C misdemeanor or more.

Additionally, a DUI can result in fines of up to $500 and a suspended license of up to 60 days. Minors typically aren’t penalized with jail time due to their age as long as there aren’t aggravating factors, according to the judge.

You may be required to commit to 20-40 hours of community service in addition to the above consequences, and you may be required to attend alcohol classes.

If the minor has had prior offenses, if their BAC level was significantly high, or if they were under the influence of any illegal drugs at the time of the arrest, the charge may be elevated to a DWI, which comes with much more significant penalties.

What if My Charge Was Elevated to a DWI?

If your charge included aggravating factors or previous charges, you may have had the charge elevated to a DWI. In this case, the penalties can be a result of a Class B misdemeanor, which means you may face up to 72 hours in jail and more time if you were found with an open container.

You may also face fines of up to $2,000 that you will have to pay, as well as losing your license from 90 days to up to one year. In some cases, even if you are acquitted of the DWI, you may still lose your license due to the BAC level from a urine, blood, or breath test.

Further Consequences

You may be placed on probation for your first (and subsequent) DWI offense. Probation can range in length and typically requires regular visits and check-ins and may include random drug testing throughout the probation term.

You may also be required to attend special alcohol or drug classes teaching you the harm that substances can cause and how to manage any dependency issues you may be concerned about.

It’s important to note that if you don’t follow through with these programs or probation as required, you may lose your license for longer.

Also of importance is that if you wish to appeal the loss of your license, you have a strict timeline in which to do so. Generally, this timeline is 15 days from the time that you were made aware of the restricted license. Discuss this with your experienced attorney to ensure that you have all applicable opportunities available to you.

Escalated Charges

If you are charged with a 2nd or 3rd DWI, the charges may be much more significant. For example, if you are charged with a 2nd DWI, this may result in a Class B misdemeanor, which may require a fine of up to $2,000 and up to 180 days in jail. The jail time typically doesn’t apply to minors, but if the defendant is over the age of 17 and not yet 21, they may face time in jail.

If there were children in the car, this is considered an aggravating factor and can lead to much more significant penalties. For example, if you are found driving while inebriated with a child in a vehicle that is under 15, the charge increases to a felony and you could face penalties such as fines of up to $10,000 and suspension of your license for up to 180 days. You may also face time in jail of 180 days up to two years in prison. These penalties apply even if it’s your first offense with a child present.

A third DWI charge is considered a felony by the state of Texas. If convicted, you can face up to ten years in jail and fines of up to $10,000.

Your Fierce and Tireless Advocate

If you or your child were charged with a DWI or DUI, it’s essential to seek professional legal guidance immediately. You may have a tight timeline to challenge the suspension of your license, and at the very least, you will want to align yourself with a capable advocate who can help protect you and your family.

Contact our office at (713) 999-6549 to learn more about how we can best assist you and your family moving forward. We have many years of experience in protecting our clients and ensuring that they get the best outcome they can and move forward to the next chapter of their lives.