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Personal Injury

What to do – 18-wheeler
What to do – 18-wheeler 800 411 admin

18 Wheeler accident? What should you do?  CMZ Attorney Kirk Mathis gives us some quick advice to heed if we are ever in an 18-wheeler accident. Contact us in Lufkin at 800.657.2230 or in Houston at 877.739.7744 for a free consultation with an attorney.

Transvaginal Mesh Litigation Continues
Transvaginal Mesh Litigation Continues 150 150 admin

What are my legal rights if I experienced complications from a transvaginal mesh device?

Transvaginal mesh is an implant used to treat pelvic organ prolapse and urinary incontinence.  Pelvic prolapse is a relatively common condition that can result after childbirth, menopause, or a hysterectomy.  It occurs when the tissue holding the pelvic organs becomes weakened or stressed. The pelvic organs can then bulge, creating pain and urinary incontinence.  

Pelvic mesh was developed to solve the problem of organ prolapse.  The mesh creates essentially a hammock to keep the organs in place.  Developed in the middle 1990’s, transvaginal mesh has been implanted into millions of women.  For some women, defective pelvic mesh has created serious complications.

Pelvic Mesh Dangers

One of the most serious problems associated with transvaginal mesh is termed mesh extrusion.  This condition occurs when the edges of the synthetic mesh cut the lining of the vagina or other organs.  This can lead to infection, organ perforation, bleeding, pain, and urinary problems.  

The FDA has recognized the dangers associated with pelvic mesh.  It issued a warning in 2008 as to the potential for organ perforation then heightened its warning in 2011.  In 2016, the FDA reclassified transvaginal mesh as a high risk medical device.  

Pelvic Mesh Litigation

Currently, tens of thousands of lawsuits have been filed against the makers of transvaginal mesh by injured plaintiffs across the nation.  While hundreds of cases have been settled, many more remain unresolved.  A Dallas, Texas case resulted in a $72 million settlement to one injured plaintiff and a Florida case ended with a $26.7 million award to four injured plaintiffs.

Recently, a New Jersey woman was awarded $15 million in her transvaginal mesh lawsuit.  The injured plaintiff had suffered from constant pain since receiving a mesh implant manufactured by Ethicon. The jury, following two and a half weeks of testimony, awarded the injured plaintiff with $4 million in compensatory damages and $10 million in punitive damages, along with $1 to the plaintiff’s husband for loss of conjugal affection.  

Anyone who has received a transvaginal mesh implant and experienced complications should contact a defective medical device attorney right away.  Transvaginal mesh litigation is ongoing, with more plaintiffs filing cases every month.  Consult with an unsafe medical device lawyer today for an evaluation of your legal rights.

 

Traumatic Brain Injuries and Hazing Incident Lawsuits
Traumatic Brain Injuries and Hazing Incident Lawsuits 150 150 admin

Q: Can I sue for personal injuries suffered in a hazing incident?

Hearing that a pro-football player suffered a traumatic brain injury wouldn’t be that surprising to most people. But allegations that the son of a former Dallas Cowboy suffered a traumatic brain injury in a fraternity hazing incident definitely raised some eyebrows.

Coming late to the game, so to speak, by filing a lawsuit nearly 2 years after the alleged incident happened may present some challenges, though. The accessibility and memories of witnesses can become problematic as time passes–which is why it’s best to contact a skilled Texas personal injury attorney as soon as possible after being injured in an incident or accident.

According to the lawsuit, the college freshman was pledging a fraternity when he was “struck with a baseball bat, fell down and suffered a brain injury in a 2015 hazing incident”.

The suit further claims the pledge–who had lost consciousness from the injury– “was carted down to the basement and put on a couch and sat unconscious for 10 hours with no medical help”. He claims did not immediately report the incident, seek medical treatment, or even tell his family because he was scared and intimidated due to threats that “the fraternity would ruin him, his family’s reputation, damage his property and have him kicked out of school”.

Since the alleged incident, the lawsuit claims the young man has been plagued with memory problems and has been diagnosed with “a traumatic brain injury, post-traumatic stress disorder and bipolar disorder”. He dropped out of college when his GPA plummeted from a 4.0 to 0.70 “in a semester” and, reportedly, he can’t even remember his social security number.

Hazing events—and the serious injuries and wrongful deaths they sometimes cause– are making news across the nation. In fact, a different chapter of the same fraternity in this case was permanently banned from a different university last year after a pledge died from brain injuries and internal bleeding suffered during a hazing event.

Personal injury lawsuits are appropriate when someone is seriously injured as a result of the negligent, reckless, or intentional actions or inactions of another person or institution–like a college or fraternity.

Once liability is established, the victim may be entitled to recover compensation for physical and psychological injuries and financial damages. Such items may include current and future medical expenses, current and future lost income and diminished earning capacity, pain and suffering, and more, depending on the circumstances of your case. Sometimes, in select cases, punitive damages—designed to harshly punish the behavior to discourage it happening again—may also be recoverable.

If you or a loved one has been injured in a hazing incident or any kind of accident as a result of someone else’s negligent or malicious actions, the skilled personal injury attorneys at Chandler, Mathis & Zivley can help you maximize the financial compensation to which you may be entitled. While we can’t undo the injury, taking legal action can help reduce the financial burden it has caused. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we help injured clients from all over Texas as well as those injured while visiting Texas.

Understanding the Statute of Limitations in Texas
Understanding the Statute of Limitations in Texas 150 150 admin

How long do I have to file a personal injury case?

After an accident, you may feel as though time is standing still.  You might find yourself struggling to cope with the physical injuries associated with the accident and your sudden inability to support yourself or perform the tasks you normally would.  Even once the immediate aftermath of the accident has passed, it is common to become wrapped up in attempting to return to your life as normal.  Months may pass before you finally get around to meeting with a personal injury lawyer.  In Texas, as in most states, injured accident victims will only have a limited window within which to file their claim.  Waiting too long could result in the inability to bring your action.

Statute of Limitations for Personal Injury Claims in Texas

Each state sets its own specific limits on how much time you have to file a personal injury claim.  Statutes of limitations across the country vary from just one year to as long as six years.  In Texas, the statute of limitations for personal injury cases is two years.  

The statute of limitations will normally start to toll on the day of the incident.  At times, the day of the incident and the day on which you realize you were injured will not match.  As such, it is critical that you seek medical attention as soon as possible after any serious accident so that you can be assessed.  

Exceptions do exist to the two-year statute of limitations.  First, Texas has a discovery rule that may allow you to file past the two-year time limit if you suffered an injury that cannot be linked to a specific date.  Injuries sustained over time, such as the inhalation of toxic chemicals in your work place, may qualify for an exception to the rule, which would give you two years from the date on which you discovered your cause of action.

In addition, the statute of limitations can be tolled under some circumstances.  For example, if the accident victim was a minor at the time of the incident, the statute of limitations would not start to run until the victim turns 18.  

Protect Your Legal Rights Today

Two years may seem like a long time to file your case, but building a personal injury case takes time.  It will require thorough investigations, compiling of much paperwork, and more.  The sooner you meet with an attorney, the quicker your lawyer can get started protecting your legal rights.

Steer Clear of Cows Crossing Eastex Freeway
Steer Clear of Cows Crossing Eastex Freeway 150 150 admin

Q: Should you stop a vehicle on a freeway to protect an injured animal?

Why did the chicken cross the road? That’s a question people have been asking for ages. The new question, at least in northeast Houston, is why did the cow cross the freeway?

Well, we may never know what the cow was thinking, but we know its presence on the freeway in the middle of the night played a part in a serious truck accident.

At approximately 3:00 am, a roadside assistance crew in a pickup truck in route to a job reportedly slammed into the back of a stopped wrecker truck on the Eastex Freeway. The wrecker driver had allegedly stopped on the freeway to block other cars from further injuring a cow that was apparently the victim of a hit-and-run driver. Reportedly, the pick-up suffered extensive damage, having hit the wrecker at highway speed, and the driver had to be cut out of the truck. The pick-up occupants and the wrecker driver were taken to the hospital and the cow did not survive.

When someone is seriously injured as the result of the negligent, reckless, or intentional actions or inactions of somebody else, they may be entitled to sue for compensatory damages in a personal injury lawsuit. There are special rules regarding the trucking industry, designed to reduce truck accidents and their devastating consequences. The rules involve, among other things, vehicle and driver safety requirements including restrictions on the hours and distances drivers may drive.

If liability is established, compensatory damages can include current and future medical expenses and rehabilitation costs, current and future lost income and diminished earning capacity, past and future mental anguish and physical pain, physical impairment or disfigurement, and more, depending on the circumstances of your case.

If you or a loved one has been injured or a loved one has been killed in a truck accident, or any other accident, that was someone else’s fault, the Law Offices of Chandler, Mathis & 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, Texas, we help injured clients and their families throughout Texas as well as many other states.

Mystery Man Leaving Texas Work Site Crashes Dump Truck
Mystery Man Leaving Texas Work Site Crashes Dump Truck 150 150 admin

Q: Who is responsible for injuries in a construction accident?

A man driving a commercial dump truck was reportedly leaving a construction site when he crashed into a passenger vehicle. The wreck between the disproportionately sized vehicles left the car’s driver with traumatic brain injuries described as “catastrophic”.  The truck driver was reportedly arrested after being apprehended by a police officer after fleeing the scene.

Personal injury lawsuits can be brought by victims who suffer serious injuries as a result of the negligent, reckless, or intentional actions or inactions of another person or entity. Once liability is established, the victim may recover compensatory damages for such things as current and future medical expenses, current and future lost income or diminished earning capacity, pain and suffering, and more.

Texas construction accident attorneys know that bystanders as well as workers are often injured or killed by the dangerous machinery and unsafe working conditions that sometimes exist on and around construction sites. When injuries occur, post-accident investigations will examine whether safety regulations were followed in an effort to determine whether the actions or failures to act by involved parties caused the victim’s injuries. For example, were the bystanders, workers, supervisors, general contractors or subcontractors or even defective machinery to blame.

Police in the case at hand reportedly discovered that not only did the driver not have a trucking license, but he was allegedly not known to the supervisor, contractor, and construction crews on site. Yet, he was apparently working and driving a dangerous vehicle at the time of the accident.

If you have been hurt in a construction accident or any other accident, the personal injury attorneys at Chandler, Mathis & Zivley can help maximize the compensation to which you may be entitled. Contact us today to schedule a consultation.

From our offices in Houston and our principal office in Lufkin, Texas, we serve injured clients and their families throughout East Texas as well as many other states.

Lost earning capacityMental and emotional pain and sufferingLost care and adviseLoss of companionshipLoss of inheritanceIn cases involving gross negligence, which could include instances in which the oil company knew of a danger but took no action, exemplary or punitive damages may also be awarded. Your personal injury attorney will review the facts surrounding the case and provide you with an individualized overview of your legal rights.Contact Chandler, Mathis,  & Zively for more information about your specific case today.
Lost earning capacityMental and emotional pain and sufferingLost care and adviseLoss of companionshipLoss of inheritanceIn cases involving gross negligence, which could include instances in which the oil company knew of a danger but took no action, exemplary or punitive damages may also be awarded. Your personal injury attorney will review the facts surrounding the case and provide you with an individualized overview of your legal rights.Contact Chandler, Mathis,  & Zively for more information about your specific case today. 150 150 admin

What damages can I seek if my loved one was killed in an oil rig accident in Texas?

In January, an oil rig explosion killed five workers in Oklahoma.  Survivors reported hearing a loud boom and seeing fire. They fled, but the five workers closest to the explosion died and several others were seriously injured.  Now, months after the accident, a third wrongful death claim has been filed against the oil and drilling company responsible for the rig. For Texas oil workers, the Oklahoma accident is a harsh reminder of the potential dangers of the field.

TBIs and Suicide
TBIs and Suicide 150 150 admin

What are the long term consequences of a traumatic brain injury?

As medicine continues to advance, researchers are uncovering more troubling potential long term consequences stemming from traumatic brain injuries. Recently, the mother of a 22-year-old son who committed suicide published a book exploring the link between his death and a childhood TBI. While most doctors treat traumatic brain injuries as a self-resolving incident, the reality is that many TBI sufferers experience lifelong effects from their injury. Our Houston, Texas personal injury lawyers discuss the link between TBIs and suicide, along with other lasting problems.

Exploring the Link Between TBI and Suicide

In her book “A Call to Mind: A Study of Undiagnosed Childhood Traumatic Brain Injury,” Claire Galloway tells the story of her son Luke. At three years old, Luke was struck in the head by a swing. He was dazed from the injury, but as he showed no other signs, the physician recommended just 24 hours of home observation.

After the accident, Luke’s personality changed drastically. He went from an easy going and happy child to an anxious one. As he grew, more symptoms emerged. He would clench and shake his fists, which was later found to stem from mini seizures. He struggled in school. He became depressed. Finally, at the age of 18 he was diagnosed with a brain injury, but it came too late. He killed himself at the age of 22.

TBIs Long Term

Each year, over 1.4 million people will suffer a traumatic brain injury, according to the Centers for Disease Control and Prevention. The vast majority of those who suffer a mild TBI will return to their baseline state within one year. At least five million TBI sufferers, however, currently have long term problems with daily living stemming from the accident.

Suicide is just one of the many potential long term impacts of a serious TBI. Other long term conditions include memory problems, aggression, psychiatric disorders, substance abuse, seizures, difficulty thinking, attention deficits, and much more. All too often, the original TBI is not diagnosed until years after the accident, once the patient continues to experience issues. At that point, treatment options are more limited. For this reason, anyone who suffers a blow to the head should seek medical treatment right away. After you have received medical treatment, contact us to inquire about potential compensation you are owed for damages caused by your injuries.

Never leave your child unattended in or near the water: It is vital that you always watch your child when he or she is in or around the water. Do not rely on life guards who are often overwhelmed or may not have a clear view of your child.Teach your child to swim: Swimming is a lifesaving skill. Take the time to enroll your child in swim lessons so that he or she can enjoy the pool safely.Know CPR: Knowing CPR could save a life. Should the worst happen, you want to know how to perform CPR so that you can provide crucial assistance while awaiting emergency responders.If your child is injured in a pool accident that you believe was the fault of the pool owner, contact a personal injury attorney right away.
Never leave your child unattended in or near the water: It is vital that you always watch your child when he or she is in or around the water. Do not rely on life guards who are often overwhelmed or may not have a clear view of your child.Teach your child to swim: Swimming is a lifesaving skill. Take the time to enroll your child in swim lessons so that he or she can enjoy the pool safely.Know CPR: Knowing CPR could save a life. Should the worst happen, you want to know how to perform CPR so that you can provide crucial assistance while awaiting emergency responders.If your child is injured in a pool accident that you believe was the fault of the pool owner, contact a personal injury attorney right away. 150 150 admin

Do I legally need a fence around my pool?

Summer time in Texas is hot, and swimming pools offer people of all ages much needed relief from the heat. Millions of pools dot the landscape across Texas, from residential pools to public pools, water parks, and much more. With proper supervision in a safely constructed pool, swimming is an enjoyable activity. At times, however, pools become the site of…

Pedestrians Aren’t Always Safe on Sidewalks
Pedestrians Aren’t Always Safe on Sidewalks 150 150 admin

Q: Who can sue after a hit-and-run accident?

DWI car accidents in Houston are responsible for causing serious personal injuries and fatalities. This is particularly true when the victim of the car accident is an innocent pedestrian who was unfortunately in the wrong place at the wrong time.

Without the protection of a car of their own, pedestrians hit by motor vehicles often die at the scene or shortly thereafter from the blunt force and trauma of their injuries. Those who survive may be entitled to sue for compensatory damages for the serious personal injury they sustained.

But if the accident is a fatal one, it’s the victim’s closest surviving family members who may be entitled to sue in what is known as a wrongful death lawsuit.

In a wrongful death lawsuit, the surviving family members must prove that their loved one’s death was caused by someone else’s negligence or intention to do them harm. They must also prove that they are suffering financially as a result of the victim’s death. Wrongful death cases are complex and differ on a case-by-case basis as to which family members may be entitled to sue and what damages they may be entitled to recover.

Generally, the costs of the victim’s final medical and funeral expenses are recoverable along with other financial compensation which is determined by examining the survivor’s loss of support, services, prospective inheritance and more related to the victim’s death.

Recently, a San Marcos man was charged with intoxication manslaughter and other charges in connection with an alleged hit-and-run accident that killed a pedestrian. According to witnesses, the suspect’s car “jumped the curb” and hit a pedestrian before continuing to speed away. The car– absent a passenger who bailed out of it after the alleged first incident – –reportedly didn’t get far before crashing into a tree after which witnesses held the suspect until the police arrived.

In addition to intoxication manslaughter, the suspect was reportedly charged with “failing to stop and render aid, escape, possession of a controlled substance, resisting arrest and possession of marijuana.”

Regardless of whether the person who caused the accident is criminally charged or not– or whether those charges are upheld– a victim or their surviving family members are entitled to commence a civil suit for money damages for physical and/or psychological suffering.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident or any other accident due to someone else’s negligence, the personal injury experts at Chandler, Mathis & Zivley can help you 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 Texas.