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Personal Injury Lawyer

Black Friday Accidents
Black Friday Accidents 150 150 CMZ Law Lufkin/Houston

How can I protect myself from Black Friday injuries?

Black Friday, the number one shopping day of the year, can draw thousands of frantic shoppers to malls and other popular retail stores.  As you hunt for a parking spot and fight your way through the holiday crowds, you should remain aware of the possibility of injury.  The following is a look at some of the most common Black Friday accidents and how you can protect yourself.

  1. Parking lot car accidents:  According to Farmers Insurance, the number of parking lot accidents increases 25 percent on Black Friday, when compared to an average Friday.  Black Friday leads to crowded parking lots and parking chaos.  If you are injured in a parking lot accident this holiday season, consult with a personal injury attorney to determine your legal rights.  To protect yourself against parking lot accidents, pay close attention when walking or driving.  Take children by the hand at all times and remain on alert.
  2. Store slip and falls:  Customers fall in stores every day, and the risk of slipping while shopping increases on Black Friday due to the crowds as well as the sheer number of shops many people will visit.  Slip, trip, and fall accidents can occur due to slick floors, misplaced items, and other dangerous conditions.  Slip and fall cases can be quite difficult to prove, so contact an attorney if you have been injured right away.  Guard against slip and falls by wearing appropriate footwear and taking your time while walking.
  3. Shopper vs. shopper injuries:  Every year, you hear about shoppers being injured by other shoppers.  Black Friday shoppers can be injured by trampling, jostling, and physical altercations.  If another shopper injures you, be sure to report the incident and file a claim.  At times, the store will be at least partially liable for the incident.  Consider protecting yourself from injury by avoiding shopping during the most crowded times of day. Seek the assistance of a security officer if you feel threatened by another shopper or need help to resolve an altercation.

Black Friday should be a fun time for holiday shopping.  In the event your Black Friday turns disastrous, contact a personal injury lawyer in your area for legal assistance.    

 

A Guide to Personal Injury Law in Texas
A Guide to Personal Injury Law in Texas 150 150 CMZ Law Lufkin/Houston

What are my legal rights if I am injured in an accident in Texas?

If you have been injured in an accident in Texas, there are several important laws and legal principles that could impact your personal injury case.  Understanding some basics about personal injury law in Texas can help you to protect your legal rights.  Our Houston, Texas personal injury lawyers at Chandler Mathis & Zivley offer the following overview of personal injury laws in our state.  

Statute of Limitations in Texas

All states set a limit on the amount of time you have to file a personal injury claim.  This deadline is known as the statute of limitations.  In Texas, the statute of limitations for personal injury claims is two years from the date of your injury.  This means that if you are injured in an accident involving negligence, you must file your action within two years or you could lose your right to bring the claim.  There are some exceptions to the statute of limitations, so consult with our office for specific questions about your case.

Modified Comparative Negligence

Texas has adopted the doctrine of modified comparative negligence.  Under this rule, may be able to bring a personal injury action even if you hold some degree of fault for the accident.  Your recovery will be reduced by your percentage of fault, and your claim is barred if you were more than 50 percent at fault for the accident.  

Damages in Texas

Injured plaintiffs in Texas may be able to collect damages for their medical expenses, lost wages, pain and suffering, loss of consortium, and more.  Texas does not cap damages in most personal injury actions, with two exceptions:  punitive damages and medical malpractice damages.  Punitive or exemplary damages are awarded only in select cases that involve gross negligence, fraud, and the like.  Punitive damages in Texas are capped at either $200,000 or $750,000, depending on the economic damages awarded by the jury.  Medical malpractice caps are complex and vary based on the type of damages.

These are just a few of the many legal principles that could impact your personal injury action in Texas.  For individualized assistance with your personal injury claim, contact our office as soon as possible.

Common Car Accident Injuries: Fractures
Common Car Accident Injuries: Fractures 150 150 CMZ Law Lufkin/Houston

What are the most common types of broken bones you could sustain in a car accident?

Millions of Americans will be involved in car accidents in the coming year.  Broken bones are one of the most common car accident injuries due to the immense force involved in the collision.  Fractures can be extremely painful and could even require surgery, potentially leading to lengthy recovery times and the inability to return to work.  Car accident victims who sustain a broken bone will require immediate treatment. Accident victims injured due to the negligence of another driver may be able to seek compensation for their fracture injuries through a personal injury lawsuit.  

What is a Fracture?

A fracture is defined as any break within any bone of the body.  Fractures vary in severity, with some simple fractures healing with relative ease, whereas compound fractures, which involve the broken bone piercing the skin, carry a risk of infection and longer recovery times.  Car accidents are a leading cause of broken bones, but fractures can also occur as a result of falls, sports injuries, and other high impact events.  

Common Types of Fractures

Car accidents inflict tremendous force on the body, creating the immense potential for broken bones, particularly in the following parts of the body:

  1. Leg fractures:  There are three bones within your legs that could be broken in an accident.  The femur or thigh bone, is quite strong but could break in a serious car accident.  Femur breaks will have a long recovery time.  Your tibia and fibula are also at risk of injury if your vehicle crumples in the accident.
  2. Facial fractures:  If you are ejected from the vehicle in an accident or your head hits the dash, there are several bones within your face that could break.  Facial fractures can lead to disfigurement.
  3. Spine fractures:  The tiny vertebrae bones within your back could break in an accident.  When a vertebra breaks, it is extremely dangerous because it could damage the spinal cord, leading potentially to paralysis.

Car accident victims who sustain a broken bone in the collision should contact an experienced personal injury attorney as soon as possible after the crash to protect their legal rights.  

 

Jones Act Compensates Qualified Seamen for Offshore Accident Injuries
Jones Act Compensates Qualified Seamen for Offshore Accident Injuries 150 150 CMZ Law Lufkin/Houston

Q: Are there special laws that cover workers who are injured at sea?

On land, employees who are injured on the job are prohibited from suing their employers for damages but may collect certain compensation for medical expenses and lost income through Worker’s Compensation.

But employees injured in Off Shore accidents– such as fisherman, tugboat workers, and others–are covered under maritime accident laws, and some worker’s claims may also fall within the protection of the Jones Act.

Maritime and Offshore Accident lawyers with Jones Act experience are able to help those workers who work on or near the water recover much more than their onshore counterparts in the event they are injured at sea.

The Jones Act, also known as the Merchant Marine Act of 1920, applies to qualified “seamen” who are injured or become sick while working at sea. Unlike Workers’ Compensation, it allows injured workers to sue their employers for injuries that resulted from the negligence of the captain, crew, or vessel owners.

Jones Act claims are very complex –not every worker meets the qualifications of a “seaman” – and they require representation by personal injury attorneys with particular experience in this niche of maritime law.

Damages recoverable may include economic and non-economic losses like past and future medical expenses, lost income, diminished or lost earning capacity, pain and suffering, and even punitive damages, depending on the particular case.

Last year, a fatal tug accident occurred on the San Jacinto River just outside Houston, Texas. According to a National Transportation Safety Board (“NTSB”) Marine Accident Brief on the incident, the “probable cause’ for the capsizing and sinking of the uninspected tug vessel with a relief captain at the helm  was his decision to perform an “ill-advised ‘downstreaming’ maneuver without implementing the operating company’s risk mitigation strategies or other safeguards” in high water. The capsizing and sinking of the vessel, which caused the death of one of the five crew members, was captured on video.

“Downstreaming” maneuvers–where towing vessels go down river to land on another object like a barge or dock–present a “significant risk” of “rapid down flooding, capsizing and sinking” during certain river conditions such as the high water.at the time of the accident near Houston. The Coast Guard had reportedly issued advisories– which included restrictions on downstreaming– that were in effect at the time of the accident.

If you have suffered offshore injuries while working on a shipping vessel, boat, barge, tanker, yacht, fishing boat, or offshore oil rig,– or if you’re a non-covered worker who received an offshore injury – – the experienced maritime attorneys at Chandler Mathis and Zivley can help you obtain the compensation you deserve. Call us today at 877-739-7744 to schedule a consultation.

From our offices in Lufkin and Houston, we’ve been serving clients throughout Texas and nationwide for over 40 years.

 

Shipping Company Settles Several Wrongful Death Lawsuits Following Tragic Maritime Disaster
Shipping Company Settles Several Wrongful Death Lawsuits Following Tragic Maritime Disaster 150 150 CMZ Law Lufkin/Houston

In October 2015, as hurricane Joaquin bore down on the Gulf Coast states, Puerto Rico-based cargo shipping company Totes Services made the doomed decision to send its El Faro vessel from Jacksonville to San Juan, Puerto Rico – despite high winds and unsafe conditions in the seas. Tragically, 33 seamen lost their lives that fateful day when the ship lost all electric power and eventually succumbed to the depths of the ocean. The incident, deemed by the U.S. Coast Guard and National Transportation Safety Board as one of the worst maritime disasters in recent U.S. history, led to not only a series of investigations by interested public and non-profit agencies, but nearly three dozen wrongful death lawsuits filed by surviving family members.

Surviving loved ones were located across the Southern United States, however many of the claims were handled by Houston-based counsel who, like us, are well-versed in the nuances of wrongful death and maritime litigation. As of April 2017, the last three of the wrongful death lawsuits settled for undisclosed amounts, and the grieving families may finally be able to accept closure in the wake of a likely avoidable tragedy.

When pursuing a claim under Texas wrongful death laws, the surviving family member must essentially prove a claim of negligence – which resulted in the death (as opposed to injury) of the victim. In essence, wrongful death laws are meant to hold defendants accountable for negligence even if the victim is no longer available to initiate the claim. Here, the defendants have not actually admitted to wrongdoing. However, parties are often prompted to settle in light of facts that may not impress a jury, such as sending a vessel on a voyage amidst a violent hurricane. By settling a case, a defendant can avoid a potentially staggering – and unpredictable – jury verdict in exchange for an agreed-upon amount.

Contact an experienced personal injury lawyer today!

If you would like to speak with an experienced wrongful death attorney in Houston, please contact our office today: 877-739-7744.

 

The Future Medical Expenses Of Shannon McCoy Was Not Harmful
The Future Medical Expenses Of Shannon McCoy Was Not Harmful 150 150 CMZ Law Lufkin/Houston

There was legally sufficient evidence of causation; The trial court erred in excluding deposition testimony of the Defendant’s’ expert witness in regards to the future medical expenses of Shannon McCoy was not harmful; The use of affidavits demonstrating proof of past medical expenses was proper; The trial court was not legally obligated to instruct the jury on avoidable accident; McCoy’s death did not create a windfall for the Plaintiff, Shannon’s husband.

The Dissent argued that the trial court’s decision to exclude expert testimony concerning future medical expenses was harmful.

Recently, the Supreme Court of Texas upheld a decision by the Court of Appeals for the 14th District of Texas regarding a medical malpractice case over the death of a woman, confirming that the evidence of causation was legally sufficient.

The Treatment of Shannon McCoy

Shannon McCoy suffered brain damage and quadriplegia after experiencing pre- and post-delivery complications in September 2004. She was admitted to the Hospital of Texas to give birth to her first child.

State of Texas Data Reveals Vaccine Exemptions have Quadrupled Over Last Decade
State of Texas Data Reveals Vaccine Exemptions have Quadrupled Over Last Decade 150 150 CMZ Law Lufkin/Houston

One of the longest running medical debates surrounds the use of vaccinations. While some parents have no issue with vaccinating their children, while others are unhappy with the government mandating their children’s medical decisions.

Conscientious Exemptions

More and more, the state of Texas is receiving conscientious exemptions from state-mandated vaccinations. Last year alone, more than one percent of Texas students – both public and private schools – received such exemptions. Last year’s numbers are very telling, as the state saw four times as many exemptions as the 2007 – 2008 school year. According to state data, this rate has increased every single year since then.

A Parent’s Right to Make Medical Decisions  

The biggest argument of parents who have obtained or support the exemptions is that they should be the ones to be making medical decisions for their children. Conservatives have been pushing for more leniencies when it comes exemptions, wishing to make it much easier to obtain forms.

Society’s Right to Maintain Health & Safety

As for those who are strongly for childhood vaccinations, including physicians, the main argument is that they save countless lives. As evidenced by recent spikes in many infectious diseases throughout Texas, public health officials are pointing the finger at conscientious exemptions, arguing that they put all children at risk – including those who cannot be vaccinated due to other medical reasons. Thus, this has the power to weaken the immunity of children in the community.

Public School Requirements

In order to attend schools in Texas, children are required to be vaccinated against whooping cough, polio, mumps, measles, rubella, tetanus, diphtheria, hepatitis A, hepatitis B, chickenpox, and meningococcal disease. However, since 1972, Texas has permitted religious exemptions to those vaccinations, which are required to attend school. Then, in 2003, then-Gov. Rick Perry instituted a bill that allowed for parents to opt out of receiving vaccinations simply because of their personal beliefs. To be exempt, parents must submit a request – either online or by snail mail – an affidavit form from the Department of State Health Services.

Vaccinations and Trust

Donald Murphey, a pediatric infectious disease physician at Dell Children’s Medical Center, has seen the major positive impact of vaccinations. “I see kids with serious infections all the time. I know what things were like before we had some of the new vaccines, and I’ve seen kinds of diseases that were serious in kids go away when we had new immunizations come out,” he said. “The public doesn’t trust doctors and the whole medical field. They don’t trust pharmaceutical companies. They don’t trust anybody anymore.”

In 1998, incorrect research that linked vaccinations to autism spurred on much controversy and has left a lasting impression despite later evidence disproving that same research and the fact that the U.S. vaccine supply is the safest it’s ever been.

 

Suing Estates and Bar Owners for DUI Deaths
Suing Estates and Bar Owners for DUI Deaths 150 150 CMZ Law Lufkin/Houston

Q: Who can be sued if the drunk driver who caused the accident also died?

While state laws– as well as the particular circumstances of an automobile accident– differ, people who are seriously hurt (or the survivors of those who are killed) by a drunk driver who was also killed in the accident still may have legal recourse.

First, if someone is killed as a result of the negligent, reckless, or intentional actions or inactions of another person or entity, the closest surviving relatives of the victim can commence a wrongful death lawsuit to recover monetary damages.

Compensatory damages differ on a case-by-case basis but generally include the victim’s final medical and burial expenses as well as the survivor’s loss of financial support and loss of consortium due to the victim’s death. If the person liable for the accident was also killed in the accident, a claim may be made against the estate of the responsible party, if any.

In addition, in the event of a drunk driving accident, if a bar or tavern served the drunk driver alcohol prior to the accident, it may also be sued, again depending on state law and the particular circumstances.

Texas Dram Shop laws allow victims to sue bar and tavern establishments if they served alcohol to someone who is drunk or under age and that person thereafter causes death or injury to others in a drunk driving or alcohol-related accident.

Last year, a man leaving his wife’s grave was reportedly struck and killed by an alleged drunk driver whose toxicology tests allegedly showed a blood alcohol level over “three times the legal limit” as well as “traces of several drugs including two painkillers and at least one antidepressant”. The woman, who was reportedly traveling at 82 miles per hour in a 45-mph zone was also killed in the accident. She had reportedly consumed alcohol during lunch with her sister in an establishment.

The victim’s family has filed suit against both the woman’s estate and the establishment that allegedly served her the alcohol.

If you or a loved one has been injured, or loved one has been killed, due to someone else’s actions, the personal injury attorneys at Chandler, Mathis and Zivley can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent accident victims and their families throughout Texas as well as those injured while visiting the Lone Star State.

 

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