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San Antonio Personal Injury Law Blog

NFL brain injuries provide analogy to damage in other victims

Many brain injuries are the result of an accident such as a violent car accident, an accidental fall, or hitting the head in some other way. But some brain injuries are the result of on-the-job injuries. Workers’ compensation claims can be filed due to a brain injury in many occupations such as a fall in a construction job. But lately, these on-the-job injuries have been widely reported in another profession.

Players in the NFL are professional athletes who are employees of the team they play for. Recent reports have brought attention to the frequency and severity of these on-the-job injuries. The symptoms suffered by these athletes are similar to any person who suffers a brain injury, such as memory loss and diminished cognitive functions.

The three "D's" of dangerous driving: drunk, distracted, drowsy

Anyone who has been injured in an accident should investigate whether the other driver who caused the accident may be liable for damages to be paid for medical care, time off work and other consequences of the accident. But since proving drowsy driving as the cause may require specialized testing or accident reconstruction, engaging an attorney to assist may be helpful to your case

The dangers of drunk driving have been at the forefront of the public's attention for decades. Distracted driving has become a part of the vernacular over the last decade or so with the advent of the cell phone and the dangers of talking and texting while driving. But a new "dangerous 'D'" has been added to the mix and the NHTSA is trying to educate the public about it.

What does Texas regard as a negligent driver?

Bexar County motorists probably know that they might be entitled to compensation if they are injured in a car accident caused by a negligent driver. The challenge is in understanding how Texas law defines and establishes negligence.

Proving that a car or truck accident was the fault of another driver comes down to proving that the other person breached a duty that he or she owed to you, that the breach of duty caused you to be injured and that your resulting injury could have been foreseen by the other driver. Unless the evidence proves each of these elements of negligence, you might not be entitled to recover damages.

Distracted driver not helped by hands-free cellphone use

Bexar County motorists who switch to hands-free devices to make calls using their cellphones may think they are driving safely, but recent studies point to other factors contributing to the risks posed by a distracted driver. The results of one study showed that the leading cause of distraction for teen drivers was interaction with passengers. Cellphone use came in second as a distraction factor.

Data collected on the driving habits of teenage drivers showed that distracted driving was a contributing factor in 58 percent of the accidents investigated in the study. Researchers found that a distracted driver was to blame in almost eight out of 10 rear-end car accident crashes they studied.

Are all traumatic brain injuries permanent?

The annual statistics for traumatic brain injuries in Texas are sobering to consider. Every year more than 100,000 Texans suffer from such an injury, and more 380,000 must cope with some form of traumatic brain injury-related disability.

You can take some reassurance in that of that annual brain injury number, only about 5,000 people will experience a permanent disability. Advances in understanding the nature of brain injuries and in treating them mean that if you suffer one, the chances are better than ever that you may be able to eventually make a complete or nearly complete recovery.

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.

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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