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Personal Injury

Texas Bacterial Meningitis Death Sparks Medical Malpractice Suit
Texas Bacterial Meningitis Death Sparks Medical Malpractice Suit 150 150 CMZ Law Lufkin/Houston

Q: Can a missed diagnosis be the basis for a medical malpractice lawsuit?

No parent should have to bury their child. While a child’s death is always tragic, it is particularly devastating when it results from preventable medical malpractice. Medical malpractice results when a healthcare provider departs from the accepted medical standard of care and a serious personal injury or death results.

In a Texas medical malpractice lawsuit, a grief-stricken couple is blaming the death of their four-year-old daughter on a freestanding emergency care facility and the third-year resident medical student who treated her and sent her home–allegedly missing the life-threatening diagnosis of bacterial meningitis. Only a few hours later, the critically-ill child was reportedly found “unresponsive in her bed”, went into “full cardiopulmonary arrest”, and despite being rushed back to the clinic, she died.

The first responder medical malpractice suit alleges that the ER facility was improperly staffed and that the attending doctor was “a student trainee practicing at the emergency care facility without direct supervision by a qualified physician”. Expert witness statements by an emergency room physician and a pediatric infectious disease specialist reportedly support plaintiffs’ position that the acceptable medical standard of care was not met and that based on the child’s symptoms and lab work an “overwhelming bacterial infection” would have ” been obvious (and frightening)”.

Medical malpractice which results in a death is often the basis of a wrongful death lawsuit.  The theory is that had it not been for the departure from the accepted standard of medical care, the death would not have occurred.

When somebody dies as a result of injuries caused by the negligent, reckless, or intentional actions or inactions of another person or entity, the victim’s closest surviving relatives can often sue for the victim’s wrongful death. Because wrongful death actions are very complex, a skilled personal injury attorney must be consulted to determine which survivors have standing to sue and what damages they may be entitled to recover.

Once a defendant has been found liable for causing the death, compensatory damages may be awarded, depending upon the particular circumstances of each case. Examples of compensatory damages include the final medical and funeral expenses of the victim, loss of support, loss of services, loss of prospective inheritance and more. In the event the victim was a child, damages may include trauma and loss of relationship with the child.

If you or a loved one was a victim of medical malpractice and survived, or if a loved one died as a result, the personal injury and wrongful death experts at Chandler, Mathis & Zivley can help get you the compensation to which you are entitled. While we can’t undo the injury or death, we can help relieve the financial burden it has caused so you can focus on healing. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans throughout the state as well as those visiting Texas for over 40 years.

 

Dog Bite Injuries in Texas
Dog Bite Injuries in Texas 150 150 CMZ Law Lufkin/Houston

Is the owner liable if a dog bites me in Texas?

Texas leads the nation in dog bite fatalities according to DogsBite.org, a national website devoted to reducing the number of dog attacks.  Between 2005 and 2013, 34 fatal dog attacks occurred in Texas, exceeding the national average.  Since that time, over 15 fatal dog attacks have claimed the lives of victims ranging in age from just six days to 85 years old.  Dog bites can lead to a wide array of serious injuries, leaving victims with lasting damages.  At times, the dog owner can be held accountable for the losses suffered by a dog attack victim.

Texas’ Dog Bite Law

Texas courts have adopted what is commonly referred to as a “one bite rule.”  Under Texas law, anyone injured by a dog will need to prove that:

  1. The dog’s owner knew the dog had a history of aggressive behavior or biting; or
  2. The dog’s owner failed to control the dog or reasonably stop the bite and this negligence caused injury to the plaintiff.

The one bite rule can be difficult for a plaintiff to prove.  Some examples of actionable dog bite cases include being bitten by a free roaming dog or being bitten by a dog with a clear bite history.  A dog owner will typically defend against any personal injury claim involving a dog bite by claiming the dog did not have aggressive tendencies or the owner was exercising reasonable care.  For instance, if the dog bit you while on leash and the owner has evidence it was normally friendly, you may struggle to establish the requisite element of negligence in order to bring your claim.  

Given the complexity of a dog bite action in Texas, dog bite victims will want to act fast to secure the assistance of an experienced personal injury attorney following the bite.  Dog bite victims will typically have two years from the date of the attack to bring a personal injury claim.  Potential damages in a dog bite injury action include medical bills, lost wages, permanent disfigurement or scarring, and pain and suffering.  Take action if you have been seriously injured by a dog right away.

The Devastating Wake of Truck and Train Accidents
The Devastating Wake of Truck and Train Accidents 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for injuries caused in a train or truck accident?

One in eight traffic fatalities in the United States involves big rigs. In 2015, there were 34,000 truck accidents in Texas alone. Not surprisingly, the occupants of passenger vehicles that crash with these behemoths often end up dead or survive with catastrophic injuries.

Because of this reality, trucking companies and truck drivers are subject to special state and federal safety rules including but not limited to regulations involving training, vehicle inspections, and restrictions on the number of hours drivers can drive each day. While there are many reasons truck accidents may be caused by the truck driver, distracted driving and driver fatigue are common ones.

The size and weight of semi-trucks are unmatched by nearly all moving vehicles they encounter in their travels – – except perhaps a train.

Train accidents also leave devastation in their wake for similar reasons. And they occur every two hours in the United States.

Recently, Amtrak reportedly had two separate train accidents– just hours apart on the same day – – one in Washington and the other in Texas. In the Texas accident a semi-truck reportedly failed to clear a train crossing and was struck by the train. In the Washington accident, a train allegedly on its inaugural run derailed, sending some cars plummeting onto the interstate below, reportedly killing at least three and injuring several others as 77 people were reportedly taken to the hospital—including passengers as well as motorists driving on the interstate below when the derailment happened. An investigation continues into the speed and working conditions of the new train and the conditions of the recently upgraded tracks.

A personal injury lawsuit may be commenced when a victim suffers serious injuries as a result of the negligent, willful, or reckless actions of another person or entity. Compensatory damages might include current and future medical expenses, current and future lost income, pain and suffering, property damage, and more.

If the victim dies as a result of their injuries, their closest surviving relatives may be entitled to damages through a wrongful death lawsuit. In addition to recovering the victim’s final medical and funeral expenses, compensatory damages may include loss of financial support, loss of consortium, loss of services, loss of prospective inheritance, and more depending on each case’s particular circumstances.

If you or a loved one has been injured, or a loved one has been killed, in any kind of accident as a result of the actions or inactions of someone else, the Law Firm of Chandler, Mathis & Zivley can help you obtain the maximum financial compensation to which you are entitled. Contact us today to schedule a consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans and those injured while visiting Texas for over 40 years.

 

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.    

 

What is a Subpoena?
What is a Subpoena? 150 150 CMZ Law Lufkin/Houston

A subpoena is a formal demand to appear in court, appear for a deposition, or provide documents. It is an order of the court that must be followed. Failure to adhere to the requirements of a subpoena may result in a civil contempt of court proceeding, which is both time-consuming and may result in fines.

If you read the subpoena carefully, it should provide all of the instructions and information you need to comply. However, rules governing subpoenas will vary slightly depending on whether the subpoena is issued from state or federal court or civil or criminal court.

The Purpose of a Subpoena

Most subpoenas for documents or depositions are issued for purposes of discovery. This type of subpoena is primarily an effort to gather information or materials. The attorney or party is attempting to determine what kind of data you have that may be valuable to his or her case.

Subpoenas that ask for documents are commonly referred to as “subpoena duces tecum.” Subpoenas that request sworn testimony are called “subpoena and testificandum.” A subpoena can also request both types of information as well. In a subpoena that only seeks documents, there is no need to appear at the time and place specified; you can produce the materials ahead of time in lieu of appearing.

The other type of subpoena is for trial purposes. This kind of subpoena involves commanding a witness to appear and testify at trial.

The Scope of a Subpoena

In a state court, a subpoena can only reach witnesses that are within 150 miles of where the witness resides or was served if the subpoena is attempting to obtain documents or deposition testimony. That means that a witness can only be compelled to travel 150 miles to be deposed or provide materials. However, if the subpoena is trying to force someone to attend trial, the subpoena is effective within 150 miles of the county in which the trial will take place. That is, if the witness lives or was served within 150 miles of the trial county, it will still be effective.

Federal subpoenas have a much wider range. They are effective within the entire district of the federal court or within 100 miles of the place of the deposition. There are also additional geographic locations that apply if the subpoena is applicable in another state or if the court authorizes special service.

Who Can Issue a Subpoena?

If you are in Texas state court, three entities or individuals can issue subpoenas:

  • A court clerk
  • An attorney who is authorized to practice in Texas
  • Deposition officer who is permitted to take depositions in Texas

In federal court, the district clerk will provide a blank subpoena, and the party who is requesting the subpoena will complete the form.

What Should I Do if I Receive a Subpoena?

If you receive a subpoena, read it carefully. You may also want to contact an attorney to help you decide what you should and should not produce. If you have reasons that you do not want to or cannot appear for a deposition or trial, you may need to fight the subpoena. An experienced litigator can help you with the process. Contact Chandler, Mathis, Zivley for more information.

Top Defenses to Personal Injury Claims
Top Defenses to Personal Injury Claims 150 150 CMZ Law Lufkin/Houston

Even the best personal injury claims, with the strongest possible facts, will undoubtedly be met with some sort of defense along the way. In many cases, possible defenses are presented during the negotiation stages prior to ever making it to the courtroom – often as a way to attempt to deter the plaintiff from continuing. However, our team of experienced personal injury practitioners is ready to meet and overcome any defenses thrown our clients’ way, which could include any of the following:

Defense #1: Contributory Negligence: In Texas, there exists an “affirmative defense” known as contributory negligence. To assert this defense, the defendant must take the position that “yes, this occurred, but the plaintiff was at fault too!” In other words, the plaintiff in some way contributed to his or her own injuries. In considering this defense, the fact finder (usually a jury) would review the evidence to determine if, but for any of the plaintiff’s own actions, the injuries could have been minimized or avoided all together. An example of contributory negligence in the car accident realm may be a plaintiff who was involved in a serious crash, but was found to be texting at the point of collision. It would then be up to the fact finder to determine whether the texting factor contributed to the plaintiff’s injuries. If a contributory negligence defense succeeds, the plaintiff’s ultimate damages award will be adjusted to reflect the plaintiff’s personal percentage of fault – known as proportionate responsibility.

Defense #2: Wavier: You know those pesky waivers you have to sign at every go-kart track and mini golf course? Well, they can come in handy (for the defense) in the event an injury occurs during the event, provided the waiver is executed properly and the language is clear and unambiguous. Not all waivers will be upheld under the law, so the defense is not a conclusive end to the case.

Defense #3: Statute of Limitations: The statute of limitations is a hard deadline plaintiffs must follow when deciding whether to file a personal injury claim. Missing the deadline can be disastrous to the case, and will generally results in a waiver of the claim. However, the statute can be “tolled” under certain circumstances – meaning, the time clock stops if certain conditions are present. For instances, minors generally have until their 18th birthday before the statute begins running. The clock may also toll if the plaintiff was mentally unable to advance the claim at the time the injury occurred.

Negligence and wrongful death both carry a two-year statute of limitations in Texas. If the claim involves medical malpractice, the time may be extended under the “discovery rule,” which allows injured patients additional time to “discover” the injury – as it is not always obvious right away.

Contact an experienced personal injury attorney today!

If you would like to discuss your possible injury claim, please contact the attorneys of Chandler Mathis & Zivley today: 1-877-739-7744.

FAQ About Boaters’ Liability & Lawsuits
FAQ About Boaters’ Liability & Lawsuits 150 150 CMZ Law Lufkin/Houston

Our great state of Texas is blessed with a wide array of rivers, lakes and shorefront – promising endless hours of recreation for tourists and locals alike. However, as with most activities, boating is not without risk – and even the most seasoned sailors could face liability in the event of a mishap. The following discusses some of the issues surrounding boaters’ liability in Texas, as well as what you can do if you find yourself injured as a result of a collision or accident.

FAQ #1: Is there such a thing as “boating under the influence?”

Absolutely. All too often, boating enthusiasts take to the water without giving much thought to the concept of boating while intoxicated. However, Texas takes a stern approach toward minimizing boater intoxication, and has enacted laws similar to DUI regulations statewide. Under current law, any person caught operating a boat, personal watercraft, water skis, sailboard or similar device with a blood alcohol content (BAC) of 0.08% or greater is considered under the influence. A first conviction of BUI carries a maximum jail sentence of 180 days and a maximum fine of $2,000. The second conviction carries a maximum sentence up to one year and a fine of $4,000; while the third conviction carries a fine of up to $10,000 and a jail term of 2-10 years.

FAQ #2: Does personal injury law cover boating accidents?

Yes. Much like auto accidents, boating injury lawsuits are decided based on the laws of negligence. In other words, at the time of the incident, was the defendant acting as a reasonable, safe boat operator. These inquiries are heavily fact-driven, and the court will consider whether the defendant’s actions immediately leading up to the incident were reasonable in nature. Examples of possible unreasonable conduct could include boating under the influence, failure to navigate safely, speeding, boating in restricted areas, failure to maintain required gear, or operating a watercraft without sufficient knowledge.

FAQ #3: What should I do if I was injured in a boating accident?

If you were recently injured in an accident involving a sailboat, personal water craft or other type of boating apparatus, you may be able to recover the costs of your injuries in a personal injury lawsuit for damages. If the defendant was at fault, you may recover the actual costs of your harm (e.g., medical bills) as well as non-quantifiable damages such as pain and suffering.

Contact an experienced personal injury attorney today!

If you were recently involved in a boating accident in Texas, please contact Chandler Mathis & Zivley today:

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.  

 

Lawsuit Filed Following Fatal Train vs. Bus Collision
Lawsuit Filed Following Fatal Train vs. Bus Collision 150 150 CMZ Law Lufkin/Houston

In a chain of events almost too tragic to imagine, an Austin-based charter bus full of recreational travelers was struck by an oncoming train, catapulting the bus nearly 300 feet. As a result of the collision, four bus travelers were killed and dozens of others were treated for injuries in nearby hospitals. Almost immediately, wrongful death lawsuits were filed by the surviving family members of those killed in the crash, alleging – among other things – that the parties involved were negligent and unreasonably unsafe in the moments leading up to the crash.

In a lawsuit filed on March 7, 2017 against the tour bus company and the driver individually, plaintiffs alleged that the incident began when the charter bus was inexplicably straddling train tracks located on Main Street, Biloxi, Mississippi. For reasons still unclear, the charter bus seemed unable to move for several minutes. Tragically, an oncoming passenger training carrying 52 travelers – and powered by three locomotives – slammed into the charter bus, resulting in fatalities and injuries to train and bus travelers alike. The petition further alleges that it took nearly 30 minutes for witnesses and emergency crews to remove travelers from the windows of the train and bus.

The investigation into the crash is still ongoing, however details continue to emerge each day. According to media reports, the driver of the ill-fated bus may have been relying on the assistance of a GPS device immediately prior to the collision – which may have led the driver unknowingly onto the tracks without immediate awareness that trouble may be afoot.

Interestingly, the complaint further details a series of sixteen other collisions that have occurred at the same railroad cross – one of which occurred just weeks ago involving a Pepsi truck, which was ultimately struck by an oncoming train (although no one was killed or seriously injured in that crash).

The specific acts of negligence as delineated in the complaint include allegations the bus driver failed to control the bus, failed to act as a proper lookout for danger, and failed to driver the bus as an ordinary, cautious driver would have done. The complaint also names the train company responsible for maintenance of the train involved in the collision – and alleges that the company had a duty to ensure all railroad crossings on the appointed route were safe and in proper working order.

Contact an experienced personal injury attorney today!

If you were recently injured in a serious personal injury case, please contact the attorneys of Chandler Mathis & Zivley today: 1-800-657-2230.

 

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