Personal Injury

Could the Crosby, Texas chemical plant explosion have been prevented?

Following Hurricane Harvey, which made landfall in Texas as a devastating Category 4 storm, the Arkema chemical plant in Crosby, Texas was rocked by two explosions.  The plant produces liquid organic peroxides that are used mainly in the making of plastic.  Due to the nature of the peroxides, when the molecules become heated enough, they start to break down, generating heat and leading to fires.  After Harvey, the floodwaters caused the plant to lose power.  Its backup generators failed, and everyone in the immediate vicinity was evacuated.  Explosions ensued, leading some to question whether proper protocol was followed.

Should the Plant Have Been Operating?

While fortunately no one was injured by the explosions, concerns still exist as to whether the released chemicals could lead to personal injuries or environmental harm. The plant has stated that the fumes should be nothing more than “noxious.”  However, safety officials are continuing to assess what byproducts were released by the smoke.

The explosions have left many people wondering why the plant was still operating in the wake of the approaching hurricane. Some safety experts believe the plant should have emptied the tanks and moved them to storage facilities as it could have foreseen a loss of power.  Alternatively, the tanks could have been vented so that the chemicals would have been lost to the atmosphere, thus avoiding the risk of fire.

Chemical Plant Explosions and Personal Injuries

Chemical plant accidents are among the most serious occupational accidents that can occur across the nation.  Many chemical plants store and utilize volatile chemicals.  When mistakes happen, these chemicals can lead to massive explosions.  Some of the largest chemical plant disasters have happened in Texas.

Thousands of employees and potentially members of the public can be injured in a chemical plant accident.  While smoke inhalation and burns are the immediate concern, long-term, exposure to these chemicals can have deadly effects.  Anyone who has been injured in a chemical plant accident should contact a personal injury lawyer as soon as possible.  Whether you are an employee or someone living in the vicinity of the plant, your attorney can evaluate your potential claim against the chemical plant.

Many of the damages in personal injury cases are the same. They usually involve medical bills, lost wages from being away from work, and pain and suffering. You may also have other damages as well, such as property damage and loss of enjoyment of life.

Determining how much your claim is worth is difficult because your losses may not have absolute dollar amounts attached to them. Pain and suffering is one of the most common damages associated with personal injury cases, but it is very difficult to quantify.

Special Damages and General Damages

Things like lost wages and medical expenses are relatively easy to calculate. These losses are referred to as “special” damage because they relate directly to a quantifiable loss unique to the accident.

For example, to find medical expenses, you simply look at the bills that your hospital has sent that relate to the crash. Calculating lost wages usually just means determining how much vacation you had to use or how many hours you were unable to work. While both of these calculations can be complicated, they end up with a “hard” number. The same cannot be said about damages related to pain and suffering.

The pain that you went through as part of your accident cannot be quantified in any reliable way. You also cannot meaningfully determine how much your pain will “cost” you in terms of dollars in the future. Nonetheless, awarding monetary damages is the only way that the law has to compensate you for the pain and suffering that you experienced because of your accident. Damages that have intangible value like pain and suffering are referred to as “general” damages.

Calculating Pain and Suffering Damages

There is no formal method to calculate pain and suffering damages. Instead, insurance companies often use a “multiplier” as a way to value your claim. They will essentially compile all of your special damages and total them. Then, depending on the severity of the injury, they will multiply that total number by a factor. The factor is usually between two and five, but it can be as much as ten in serious injuries.

Assigning the factor is somewhat arbitrary. An insurance adjuster will use his or her experience with similar claims to determine which factor is appropriate. Information regarding the type of accident and the victim will play a role. For example, a child victim will likely garner more sympathy from a jury, so his or her factor will probably be higher than an adult who went through a similar accident. Injuries that are particularly gruesome or that are expected to have long-term side effects

Juries, of course, do not use this type of estimating system. The insurance company only uses its system as a means to predict what a jury will do. It is not always accurate, but it provides a good starting point for negotiation purposes.

Getting Legal Help to Value Your Personal Injury Claim

Plaintiffs’ attorneys also have a similar method to estimate damages to determine how much your case is really worth. Experience and knowledge of the law bolster this estimation process. You should not let the insurance company talk you into a settlement that is less than what you should be compensated. Contact our firm to learn more.

If you have been involved in a car crash that was the fault of someone else, you may be able to obtain compensation for your losses related to the accident. However, getting compensated for your damages or losses is not automatic. You must present and prove your case to show the court (or an insurance company) that you are entitled to relief. This process can take considerable time and effort, and failing to show just one element of your claim can completely undermine your case.

It is critical to take the time to collect evidence and information regarding your accident as soon as you can after the collision occurs. The data you gather (with the help of your auto accident attorney) will allow you to present the best possible case that you can. It is a good idea to take the following steps to help preserve your claim after a car accident.

Information to Gather at the Scene

In severe accidents, you may not be able to collect much information at all after the collision occurs. You should always be sure to take care of yourself from a medical standpoint before worrying about your legal claim—your health and safety are the top priorities.

If you can, however, you should spend some time gathering evidence from the scene of the accident.

Photograph the Scene. Using a camera or phone, take photos of the site, including the road where the accident occurred, pictures of the vehicles involved, and any damage that may have occurred. Pictures of your visible injuries may also be a good idea. Be sure to have some method of indicating when you took the photos, whether you have a date on them or you write it down somewhere else.

Talk to Witnesses. Witnesses that have seen or even heard the accident can be very helpful for your case. If possible, speak with witnesses to see what they experienced from the crash. Be sure to also get their name and contact information as well.

Involve the Police

Having the police at the scene can be helpful for a variety of reasons. If the other person did something that may have been a violation of the law, involving the police may result in a citation for the other driver.

The police also provide an unbiased opinion about what happened after listening to both sides of the story. The police will document what they know about the accident in the police report. This report will also contain information about the other driver, his or her insurance company, and information about any witnesses.

Get Medical Attention

Even if your accident was relatively minor, it is a good idea to seek medical attention after an accident. Getting medical help right away can create helpful documentation regarding causation for your injuries.

Some insurance companies assume that you are not seriously injured if you do not seek medical attention. Be sure to also take care to follow the doctor’s orders as closely as possible. If you have restrictions on your activities, you should follow those restrictions to the letter.

Involve an Attorney

One of the best ways that you can prepare your case is by involving a personal injury attorney. Your lawyer will be able to help you build your case so you can present it in the best light possible to an insurance company or a judge or jury. CMZLaw can help. Contact us today!

Car accidents commonly cause head injuries. These injuries can range in severity from extremely minor to those that may even result in death. In fact, more than half of all reported traumatic brain injuries are the result of an auto accident. Any time there is a strong force imposed against the skull, whether that is from an object striking the skull or from a sudden stop, it can result in a debilitating head injury.

Head injuries can occur even when the victim does not have an open wound. The brain can be forced into the skull, resulting in brain bruising and bleeding. These injuries can be tough to detect, but they can be life-threatening. If you suspect anyone has a head injury after a car accident, it is essential to seek medical attention right away.

Causes of Head Injuries in a Car Accident

Car crashes are dangerous. Causes of a head injury will vary depending on the type of accident.

• Penetration Injuries. When an object pierces the skull, it can result in brain damage. The object can impact the brain or even penetrate the brain, causing bleeding and long-term nerve damage.
• Force Injuries. The force of suddenly stopping can cause damage to the brain when it hits the front and back of the skull.
• Injuries Caused by Objects. Flying objects or people in the car can hit your skull hard enough to result in a head injury. Drivers and passengers often hit their heads against the steering wheel or dashboard, resulting in a force-related injury.

Side Effects of a Head Injury

You do not have to lose consciousness to have a head injury. In fact, damage to the brain or skull may be hard to detect. If you have any of the following symptoms, you or your passengers should seek medical attention for a head injury.

• Slowed response times
• Difficulty thinking or concentrating
• Headaches
• Sensitivity to light or sounds
• Trouble with balance or coordination
• Nausea
• Feelings of fatigue
• Abnormal feelings of alertness
• Moodiness or unnatural emotional reactions

Extremely severe head injuries may also have the following symptoms.

• Seizures
• Periods of unconsciousness
• Numbness in the arms or legs
• Confusion
• Dilated pupils
• Aggression

Severe head injuries can result in additional health problems. Seek medical attention immediately.

Keep in mind that symptoms of a head injury may not appear immediately after an accident. In fact, it can take hours, days, or even weeks after the crash to notice a head injury. It is always a good idea to get a full physical after a car crash, even if you think you only have minor injuries.

Recovering from a Head Injury

The recovery timeline for a head injury will vary a great deal depending on the severity of the injury and the individual. For example, younger adults will usually recover faster than older adults.

Those who suffer from a severe traumatic brain injury may see residual effects from the injury even years after they have made an otherwise full recovery. On the other hand, less severe injuries may only take a few days to weeks to heal completely.

If you or a loved one has been involved in a car accident that resulted in a head injury, you may be entitled to compensation. Our team can help you determine whether asserting a legal claim is in your best interest. Call today for more information.

Is it illegal to eat and drive in Texas?

Eating while driving is an often unrecognized danger for drivers across Texas and the rest of the nation. While most of us realize that texting and driving is illegal and hazardous, we may not be aware that we can put ourselves and others in immense danger by attempting to eat and drive.  Distracted driving is said to be the cause of about a quarter of all car accidents, but many believe the true figure is far higher due to difficulties in identifying distracted drivers.  Before you eat while driving again, take a look at some frightening facts about eating and driving below.  If you or a loved one is injured in a distracted driving car accident, contact our Texas personal injury attorneys at Chandler, Mathis & Zivley for experienced legal assistance.    

Eating While Driving Statistics

Several recent studies have investigated the potential dangers of eating while driving.  According to a Lytex study, drivers that eat or drink behind the wheel are 3.6 times more likely to be in a car crash.  The National Highway Traffic Safety Administration estimates that driving and eating increases the likelihood of an accident by 80 percent.  Despite these dangers, 70 percent of drivers admitted to eating while driving in an Exxon Mobil survey, and even more drink beverages when on the road.  

The dangers of eating and drinking while driving lie in the extensive level of distraction these behaviors cause.  Eating and driving typically incorporates a combination of all three levels of distraction: visual distraction, manual distraction, and cognitive distraction.  Visual distraction happens when the driver’s eyes are diverted from the road, which could include looking down to open a wrapper.  Manual distraction occurs when drivers take their hands off the road, such as to hold a food item.  Lastly, cognitive distractions take a driver’s mind and focus off the road, which can happen when a driver focuses on their meal instead of the road.  

To avoid the dangers of eating while driving, it is imperative that you wait to eat or eat before leaving your house.  Pull over to eat if you must eat on the road. With some planning, you can ensure that you do not become a distracted driver.  

Can I sue a bar after an alcohol-related accident?

Each year, over 10,000 people die in alcohol-related crashes in the United States, according to the Centers for Disease Control and Prevention.  On top of alcohol-related car accidents, excessive consumption of alcohol also commonly gives rise to slip and falls and acts of violence.  If you have been injured by an intoxicated individual, you may wish to pursue a claim against the bar or other establishment that served him or her alcohol.  The law in Texas concerning the liability of sellers of alcohol for negligent acts committed by customers is known as the dram shop law.

Texas Dram Shop Law

The Texas Alcoholic Beverage Code Chapter 2 contains the state’s laws regarding dram shop.  Under Texas law, sellers of alcohol may be held liable for injuries inflicted by customers if:

• The alcohol was sold or otherwise provided to a minor; or
• The customer was served alcohol despite the fact that he or she was obviously intoxicated to the points that he or she served a clear danger to the safety of self and others; and
• The customer’s intoxication was a foreseeable cause of the injuries suffered by the third party.  

Even with these elements met, Texas alcohol vendors may be able to seek protections under the Safe Harbor defense, which can eliminate liability for some employers who comply with Texas Alcohol and Beverage Commission (TABC) laws.

Take the following example:  Ron stopped at The Saloon, a Texas bar, after work.  Ron purchased several strong drinks.  He began to clearly have trouble speaking and walking, but the bartender continued to serve him.  Ron left the bar, got into his car, and swerved into oncoming traffic on his way home, injuring a Texas family.  The injured family may now seek compensation directly from Ron, and also may be able to file a dram shop claim against The Saloon for serving alcohol to Ron after it was clear Ron could present a danger to himself or others.

Plaintiffs injured as a result of the actions of an alcohol vendor may be able to seek compensation for their medical expenses, lost wages, property damage, and pain and suffering.  Most dram shop claims in Texas must be filed within two years of the date of injury.  Contact a personal injury lawyer right away if you have been injured by an intoxicated individual to assess whether you may also have a viable dram shop claim.  

The IRS defines income as any money, property, or services that you receive. Generally, all income is taxable unless it is specifically exempt by law. Technically speaking, personal injury settlements are income based on the IRS’s definition. This is true despite the fact that personal injury settlements are often used to compensate you after an accident. Even so, the IRS makes certain exceptions for portions of personal injury settlements.

Depending on what your settlement is for, portions of it may be taxable. It is important to consider itemizing your compensation arrangement for tax purposes.

Compensation Related to Physical Injuries

Not all personal injury cases involve injuries to the body, but many do. If your settlement or award for your personal injury case is based on physical injuries or illness, and you did not take an itemized deduction for your medical expenses related to that injury, you do not need to include the settlement proceeds as part of your income.

However, if you took an itemized deduction, you cannot also claim that the settlement income is exempt. Whatever portion of the settlement is for medical expenses that you deducted in prior years should be included in your regular income. It will be reported as “other income.”

Compensation for a Mental Anguish or Emotional Distress

If your mental anguish or emotional distress is specifically caused by a personal physical injury or sickness, then any award for this type of damage is treated the same as physical injury compensation. If, however, the emotional anguish is not related to physical harm, then it should be included in your income. For example, if your mental anguish is related to someone else’s injury, it would likely be taxable. Nonetheless, you can still deduct any amounts paid for medical expenses not previously deducted from the taxable settlement portion.

Taxation on Lost Wages or Lost Profits

Any amount that you receive for lost wages or lost profits will be taxed as if you earned it while working. This means that not only are federal taxes due on the settlement, but it is also subject to Social Security and Medicare obligations as well. In fact, you report this portion of the agreement as regular wages on line seven of Form 1040.

Lost profits are treated similarly. Assuming the lost profits are related to your trade or business, you should include the income as if you earned it on your Schedule C. That also means that a portion of the settlement is subject to the self-employment tax as well.

Other Taxable Portions of Settlements

You may also be taxed on compensation for reimbursement for property damage. However, whether you owe tax will depend on the adjusted tax basis of the property. These situations can be tricky, so you may want to work with a tax professional or an attorney to deal with these issues.

Any interest that you receive on your settlement is taxable as interest income. Many people overlook interest, but it can be a valuable part of your settlement if there is a delay in payment.

Punitive damages are fully taxable, even if you receive them in relation to your physical injuries or sickness.

Your personal injury attorney can help you work through the tax implications of your settlement or award. Contact our team to discuss your personal injury case and how a settlement may impact you.

Q: Will the new texting while driving law reduce accidents and personal injury claims?

Texas car accidents can be caused by a number of factors including driving while intoxicated, speeding, aggressive driving, weather conditions, mechanical defects, and more.

Car accidents caused by a driver’s negligent, reckless, or intentional actions or inactions often leave seriously injured, disabled, or dead victims in their wake and are often the basis of a personal injury lawsuit or a wrongful death action.

Once liability is established, car accident victims may be entitled to compensatory damages including past and future medical bills for treatment or rehabilitation, past and future mental anguish and physical pain, Physical impairment or disfigurement, past and future loss of income and loss of earning capacity. If the victim dies from their injuries, their closest surviving family members may be entitled to damages as well through a wrongful death lawsuit, but who has standing to sue and the type of damages they can recover differs on a case-by-case basis so consulting a skilled personal injury attorney is advised.

Another common cause of motor vehicle accidents is distracted driving. And one of the biggest distractions is texting while driving.

In an effort to discourage texting while driving, new legislation went into effect on September 1, 2017. The new law, reportedly described by its own co-author as “something is better than nothing” has its share of loopholes.

According to the law, drivers are reportedly permitted to:

• make and receive phone calls in accordance with local laws
• use navigation applications
• use music applications.

Reported ambiguities surround the unaddressed use of “internet browsers, search functions, gaming, or other phone applications, although “the use of messaging and communications applications like Facebook, Facebook Messenger and Twitter appear to be prohibited”.

With respect to texting while driving, the new law offers reportedly some exemptions including:

• texting during emergency situations (though it doesn’t define what constitutes an “emergency”)
• workers texting the office so long as their phones are mounted
• on-duty emergency vehicle operators are exempt
• on-duty law enforcement vehicle operators are exempt
• hands free texting is allowed.

These loophole defenses, coupled with the mandate that ticketing officers “must not only witness offenders using their phones, but identify that the activity is specifically texting” will make the new law difficult to enforce.

Of course, the safest way to avoid being distracted or being accused of causing a motor vehicle accident is to avoid cell phone distractions entirely.

If you or a loved one has been injured or a loved one has been killed in a motor vehicle accident due to someone else’s negligence, the lawyers at Chandler, Mathis, and Zivley, PC will investigate your case and take legal action to help you obtain the maximum compensation to which you are entitled. Contact our office for a free consultation.

From our offices in Houston and Lufkin, we’ve been serving clients throughout Texas as well as many other states for over 40 years.

Virtually every legal cause of action has a “time limit” by which you must assert your claim. Failing to bring your legal case before this time runs out will bar your claim forever. This time limit is commonly known as the “Statute of Limitations,” because the restriction is specifically set out by statute. 

The amount of time that you have to sue the defendant will vary depending on the type of claim that you want to assert. Personal injury claims generally use the “time limit” for bodily injury and property damage, but other limitations may apply as well.

The Rationale Behind the Statute of Limitations

The Statute of Limitations serves two major purposes. First, it encourages victims to bring their claims quickly so that evidence is fresh and available. Witnesses are more likely to remember information when asked about it closer in time to the incident. Many businesses and institutions are only required to keep documentary evidence for a certain amount of time. If you wait too long, much of this valuable information may be destroyed.

The second reason that this limitation is in place is a benefit to the alleged wrongdoer or defendant. The defendant may not be able to effectively defend himself or herself if you wait too long to bring your claim for the same evidentiary concerns. It also allows the defendant a little peace of mind as well. Having a potential lawsuit looming forever is both stressful and impractical.

Personal Injury Statutes of Limitations in Texas

Most personal injury lawsuits involve claims for bodily harm and property damage. Those claims must be asserted within two years from the date of the injury. Other potential claims and their time limits are listed below.

• Assault and Battery: Two years
  
• False Imprisonment: Two years
  
• Fraud: Four Years
  
• Medical Malpractice: Two years
  
• Libel and Slander: One year
  
• Trespass: Two years
  
• Wrongful Death: Two years

The “clock” starts on these claims on the date of the occurrence in most situations. For example, a claim for personal injury in a car accident case will begin as of the date of the accident. 

However, there are situations where this is not the case. In circumstances where you were incapacitated because of your injury, your “clock” will not start until you are physically and mentally able to understand your situation. 

The Discovery Rule and Statute of Limitations

The “discovery rule” is an exception to the statute of limitations. There are situations where victims may not understand or appreciate the full extent of their injuries or the cause of their injury until long after the action that caused the damage occurred. The discovery rule is more common in medical practice claims or situations where you are unsure of what caused your injury.

For example, imagine that you go into the hospital for surgery. The procedure is not successful, and you must be the hospital and have a second surgery as a result. You may not know or understand why the first operation failed. It could have been a variety of factors, from your body’s response to an error the doctor made. It may take some time to determine what caused your need for the second surgery. That is one of many situations in which the discovery rule might apply.

If you think you have a personal injury claim, you should contact an attorney sooner than later, regardless of how much time you have to file your lawsuit. It takes time to develop your case—and the sooner you start this process, the better. Contact our team today for more information.

Who is liable when a fraternity or sorority member dies at the fraternity/sorority house?

The family of a Texas A&M University student who died as a result of an overdose recently filed suit against the Sigma Nu fraternity house.  In the wrongful death lawsuit, the family of the deceased student named the fraternity itself and several of its members as defendants. Anton Gridnev was found dead inside the Sigma Nu chapter house. Investigations revealed several drugs in his system. Frat members allegedly failed to respond to Gridnev’s overdose in a timely manner, which Gridnev’s family feels lead to his death.

Overdoses at Fraternity and Sorority Houses

Sadly, Gridnev’s overdose while at his fraternity house is far from unusual.  Just three months after Gridnev’s death, another college student at Texas A&M similarly died as the result of an overdose of drugs or alcohol. The student was a member of a different fraternity at A&M.  Authorities report that house members thought he was sleeping, only to find him dead later on.

These instances raise some important questions as to how much legal responsibility a fraternity or sorority should hold for the actions of its members.  Are other Greek life members expected to respond immediately to potential medical emergencies among members?  What if the fraternity or sorority house was supposed to be dry?

Wrongful death cases involving overdoses among college students are complex and will often turn on the specific facts surrounding the incident. Liability could arise in cases where the deceased college student’s family can show frat or sorority members pressured the student to consume drugs or alcohol that later resulted in death or failed to take action when a frat member was in obvious medical distress.

Hazing Related Deaths

Along with overdoses, college students involved in Greek life sometimes die as a result of hazing. At least one pledge has died each year since 1969, and many years this figure is far higher.  In one recent incident, a young pledge out of Penn State died from internal trauma following a pledge event. It is alleged that 18 older brothers of Beta Theta Pi forced the now deceased student to drink an excessive amount of alcohol. Video footage showed them prodding the injured pledge and failing to call for medical help.

While most campuses across the nation have called for an end to hazing, the illegal practice is still ongoing, mainly in fraternities. Fraternities, frat members, and potentially even colleges may be held legally responsible for the death of a member if the family of the deceased pledge can prove hazing lead to his or her death.