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San Antonio Personal Injury Law Blog

Car accident wrongful death lawsuit filed against Fort Worth

Relatives of a man who died when he lost control of his car during a police chase in Fort Worth are suing the city, alleging that the police use of a device designed to puncture tires was done recklessly and thereby caused the car crash. The case highlights some interesting considerations in connection with wrongful death lawsuits, which we will address below.

Do you always have to file a wrongful death lawsuit in a Texas state court? Although most wrongful death lawsuits are handled by state courts, as long as the plaintiff meets the requirements for filing a lawsuit in a Federal district court, then it may be possible to initiate it there. The lawsuit in question has been filed in Federal court.

Invitee, licensee, or trespasser? What you need to know

Under the theory of premises liability, property owners have a legal responsibility to maintain safe premises. If you were injured while visiting, doing business, or working on someone else's property, you have a right to seek compensation from the property owner. The reasons why you entered the property can determine the outcome of your case.  

Texas law provides that the property owners' duties vary depending on the visitor's status. All visitors are divided into three categories: invitee, licensee, or trespasser. Whether you have a valid premises liability claim depends on which category you fall under. 

New Texas resource available for Medicare-related complaints

We frequently advocate consulting with an attorney for people who need information, or who have questions about whether they have a medical malpractice claim. For patients under Medicare and their family members who have possible complaints about the treatment being provided, Texas provides a resource: KEPRO.

KEPRO is the newly-designated Beneficiary and Family Centered Care Quality Improvement Organization for Texas. Patients and their families can use this organization to gain access to patient records for review when they have concerns about matters such as whether the patient is receiving proper care or is truly ready to be discharged from the health care facility. One of the advantages that checking with KEPRO provides is that its services are free of charge.

Benefits available under Texas workers' compensation

The process of obtaining workers' compensation benefits is one of answering questions. The threshold question is whether the worker's injury or illness in work-related. If that initial inquiry can be answered in the affirmative, then the next question is, "What kinds of benefits is the worker entitled to?"

In the state of Texas, the system of workers' compensation insurance provides for four types of benefits, some of which may be combined with others. 

What is the liability of a retail store owner for injuries?

All men and women are not treated equally when it comes to determining property owner liability for injuries in the event of an accident. A customer walking through a shopping mall in San Antonio, Texas, who slips on a wet floor might have a right to seek compensation, but more information is needed about the accident before any conclusion may be drawn.

Slip-and-fall accidents are just one type of mishap that can cause serious injuries to someone while on another person's property. An individual invited by a property owner to come onto his or her property to transact business, as in the case of a customer entering a grocery store, is entitled to expect that the owner has taken reasonable steps to make the premises safe. This is not, however, a guarantee of absolute safety.

Nurse sues hospital in Texas Ebola case

Ordinarily medical malpractice cases, and their legal cousin hospital negligence, occur when a patient sues a doctor or other health care professional, or the facility where that person works, or both. Less common are instances in which one of the medical professionals themselves files the lawsuit, but a new case in Texas is an example.

Last year the attempted treatment of a man who arrived in Texas from Africa and who eventually died from symptoms of the Ebola virus made national news when two nurses at the hospital where he was treated contracted the disease themselves. Both nurses survived, but one of them has now filed suit against her employer.

Can I sue the government for premises liability?

A person who suffered an injury on a piece of property frequently employs premises liability law as a cause of action against the owner or holder of property. Most of the time this source of liability concerns claims against private property owners. These can include landowners, homeowners, and most businesses.

But what if the owner of the property where the injury took place is either the Texas state government, or a county, city or town? Does it make a difference if the harm took place on public property instead of private?

Work accident victim dies in fall at Texas oil field

The recent death of a worker in an oil field accident serves as another example of the often-unsafe working conditions Texas workers face. It also illustrates the important role played by workers' compensation benefits as a resource upon which workers and their families may rely when a work accident victim is injured or dies.

Fellow workers in a rural Texas oil field heard the sound of a falling hardhat. They looked up into the rig and saw an unconscious 40-year-old worker hung up in his safety harness. The injured worker appeared to have fallen while working high above the base of the oil rig when he lost his footing and fell. 

Dangerous conditions can be a source of negligence liability

Negligence cases in the state of Texas are often thought of in terms of an individual's behavior causing harm to someone else, such as an inattentive driver striking a pedestrian or another vehicle, or a surgeon accidentally leaving behind a sponge in a patient.

Less well known is negligence in the form of a failure to act when action would be necessary to prevent harm, or negligence that is evidenced by dangerous physical conditions; often these two forms of negligence can be found together in the form of premises liability.

How worker's compensation disputes are handled in Texas

Under ideal circumstances, if you are injured at work, and your Texas employer has workers' compensation coverage, applying for and receiving benefits should be simple. But sometimes misunderstandings arise which can complicate the process and may require the application of dispute resolution procedures.

If you find yourself in a dispute with your employer or its insurer about whether you are entitled to receive workers' compensation benefits, then Texas has in place a multi-step process to resolve the matter.

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Tinsman & Sciano, Inc.
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  • Richard Tinsman & Daniel J.T. Sciano. Board Certified | Texas Board of Legal Specialization
  • American Association for Justice | formerly the Association of Trial Lawyers of America (ATLA) | Member 2013
  • AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated for Ethical Standards in Legal Ability
  • Daniel J.T. Sciano, 2003-2012 and Stephen Lazor, 2010, 2011, and 2012. Super Lawyers