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San Antonio Personal Injury Law Blog

What is the Division of Workers Compensation in Texas?

The system of workers' compensation is a creation of the state government. In order to properly administer and oversee workers' compensation claims, Texas has created the Texas Department of Insurance Division of Workers Compensation.

A key function of this agency is to control the distribution of workers' compensation benefits to employees in Texas who have been injured while on the job. It also provides workers' compensation benefits to the families of employees who have lost their lives because of accidents at work.

Jury hears particulars of drunk driving crash

A former Texas millionaire is standing trial for DUI manslaughter. The prosecution claims that in 2010, while allegedly driving drunk, he ran a stop sign and smashed into another car, killing the driver.

The allegedly drunk driver was tried and convicted in 2012 and initially received a sentence of 16 years in prison. His attorneys had the first conviction overturned due to improper behavior by a juror; the retrial is in progress now. The trial is hampered by the fact that the cars involved were released to the insurance companies and sold after the first conviction.

Property owners have a duty to safeguard others on their premises

As a property owner, it is assumed that you are aware of the dangers your property may pose to an unknowing visitor. It is an old story where a home or business owner lets a loose step on their walkway go unattended and an innocent person slips and falls because of it and suffers a serious injury as a result. The victim in this common circumstance is often completely unaware that the step is unsteady.

A property owner's negligence may be demonstrated further, when after an investigation it is discovered that he or she was aware that the step needed to be fixed or replaced but chose to ignore it and unnecessarily put others at risk.

Traumatic brain injury may lead to behavioral changes

Much of both common and scientific knowledge about the effects of traumatic brain injuries concerns the short-term and possibly long-term physical effects. Less is known about how brain injuries caused by incidents like a blow to the head may contribute to personality changes or even personality disorders.

A recently completed study, though, appears to shed some additional light on some specific behavioral effects that may be attributable to victims of traumatic brain injuries.

Medical malpractice victims have recourse to remedies under law

It can be disconcerting to be a victim of medical malpractice. To be injured by the very health care system that is supposed to promote your health and well-being can be especially difficult to comprehend.

Medical professionals like doctors spend years in medical school. However, doctor errors and hospital negligence have still seemingly become too common. What is more, these kinds of errors are often interwoven: for example, before a surgical error such as a wrong-site surgery occurs, a misdiagnosis or failure to diagnose may also have taken place. 

Texas gets unwelcome national distinction for car accident deaths

The frequency of car accidents can fluctuate depending on a number of circumstances. Poor weather like rain or snow places drivers at risk of an accident. Driving late at night especially on holidays when people are out celebrating like New Year’s Eve generally increases the risk of drunk driving related accidents. However, there are times when an increase in car accidents is more difficult to explain.

Recent statistics show that car crashes have risen noticeably in the areas of Texas where oil and gas production is thriving. At first glance, it is difficult to find a correlation between the drilling and production of oil and gas and car accidents. The simplest explanation may be that where a business or industry is flourishing more people and more drivers are navigating the roads and highways. The increased traffic may be the sole cause of this rise in motor vehicle accidents.

Daniel J.T. Sciano Presenting at SATLA Real World Annual CLE Seminar

Tinsman and Sciano's own Daniel J.T. Sciano will present, Demonstrative Evidence: Getting Champagne Proof From a Beer Budget, September 26, at the SATLA Real World Annual CLE Seminar at the Wyndham San Antonio Riverwalk Hotel. This presentation is a must-see for personal injury attorneys wanting to know how to identify, obtain, and present the crucial evidence they need to successfully prosecute their next trucking or commercial vehicle case. Come learn from Dan how to get what you need, and how to present it most effectively. Registration is open to all SATLA members and non-member plaintiffs' attorneys. For more information or to register, please visit: https://www.satla.com/index.cfm?pg=events&evAction=showDetail&eid=18336&evSubAction=listMonth&calmonth=201409

Injured Texans without workers' compensation entitled to money

Any work accident victim employed by a company or individual that was negligent could file a lawsuit against that employer. If you are injured on the job, you could be eligible for compensation to help cover the cost of your medical expenses, lost wages, pain and suffering. Proper training and safety is required of every work environment.

You have a rightful expectation as an employee to be protected and safe while working and to not be exposed to unsafe working conditions. Whether you have suffered a construction site accident, occupational disease, neck injury, back injury or repetitive stress, you could be eligible for a workers’ compensation claim.

What standard is used to declare a person a negligent driver?

If you are seriously injured in a car accident in Texas, you might be entitled to compensation for your pain and suffering, medical expenses and other damages. An attorney reviewing the circumstances of the accident on your behalf may begin by trying to determine if there is sufficient evidence to prove that the accident was caused by a negligent driver.

This post is meant to be an overview of a very broad topic. It is not intended as legal advice which should only be given by an attorney familiar with all of the facts surrounding a particular situation

Texas Supreme Court affirms 10-year malpractice lawsuit deadline

The 10-year statute of limitations in Texas for filing a lawsuit for medical malpractice -- officially referred to as the "statute of repose" -- has withstood a legal challenge that went all the way to the Texas Supreme Court.

The facts of the case date back almost 20 years, when a baby suffered severe brain damage during delivery. The infant’s mother waited until about eight years afterward before filing notice of intent to file a medical malpractice lawsuit, but did not actually initiate the action until five years after the 10-year statute of repose restriction had passed.

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10107 McAllister Freeway
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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