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San Antonio Personal Injury Law Blog

How damages in brain injury cases are calculated

In an earlier post, we discussed the reasons why brain injury awards are so large. This post is intended to help you understand how the damage awards are calculated. 

Every brain injury case is very different. If you sustained a brain injury, you should speak with an experienced personal injury attorney as soon as possible to find out what your options are. As demonstrated above, you may be entitled to damages. The value of your damages award, however, will depend on the particular facts of your case.

Involved in a motor vehicle accident? Let us help you recover

Word association: When you hear the term, "motor vehicle", what is the first word to come to mind? Did you say, "car"? You are probably not alone if you did, but when you think of the term in a broader sense it can mean much more than that. Whenever you travel, wherever you go, chances are that you do so by means of a "motor vehicle": boats, motorcycles, trains, aircraft, mass transit, trucks and more. And with any of these, there is always the chance that you can be involved in a motor vehicle accident as a driver or as a passenger.

Modern transportation is a convenience that most of us cannot imagine doing without, but it comes with a burden of responsible behavior not to harm others through careless operation of a motor vehicle. And while the majority of people will adhere to that duty of care, until automation reaches the point where drivers become obsolete there will always be a few who do not take that duty as seriously as they should.

How can you prove a premises liability case?

Most people are generally aware of the duty of a property owner or occupier, such as a retail business, to maintain safe premises for others who are on the premises. The failure of such a property owner or occupier to uphold this duty is often referred to as "slip-and-fall" liability, but attorneys usually refer to the legal theory as premises liability. 

On first impression, proving a premises liability case when visiting a business may seem like a simple matter. For example, you slipped on something, you fell, and you were hurt. But in fact, proving a slip and fall case as a legal matter can be more complicated than that.

Workers compensation still has room for improvement

There is no disputing that workers in Texas are better off under the system of workers’ compensation than they were before its existence, not only from a standpoint of worker safety but also in terms of having a reliable source of partial income and medical expense coverage in case a job-related accident or illness makes them temporarily or even permanently unable to return to work.

Still, there is no such thing as a perfect system, and workers’ compensation is no exception to this rule. This is one of the conclusions that we can draw from a recent report from the Occupational Safety and Health Administration, “Adding Inequality to Injury: The Cost of Failing to Protect Workers on the Job”. The report contains a number of disturbing findings about how structural characteristics of the workers’ compensation system place undue burdens on workers while sparing the employers who are supposed to be paying much of the costs of insurance, as well as problems that workers have with navigating the claims process.

Head-on collisions demonstrate how survival actions can work

Of all vehicle accident types, the head-on collision is probably the worst that a driver can encounter. Even with airbags and safety belts in modern cars, the possibility for serious injuries is great, and where there are serious injuries the possibility exists that they can become fatal. Two recent head-on collisions that occurred in Texas can serve to illustrate this point.

In one accident, a car and a sport utility vehicle met head-on in Austin when the car crossed into the path of the SUV when they were moving through an intersection. The car driver died, the SUV driver was injured. In the other incident, a car crossed the centerline on a highway near Amarillo and hit a car head-on. The passenger in the car that was in the wrong lane died; the drivers of both vehicles were injured as well as another passenger in the vehicle that left its lane.

School bus accident investigation shows grim number of fatalities

We are probably all aware of the law that requires a vehicle to stop behind or while passing a school bus to stop when the safety arm is down. Those who fail to observe this safety measure can be fined or even have his or her driver's license suspended. While those penalties may get the attention of a driver, more serious, even deadly, consequences can occur.

In Texas, over 1.4 million school-age children are transported in about 35,000 public school buses every day across the state.

OSHA blames construction worker injuries on "confined spaces"

The term “confined spaces” can mean different things in different situations. Someone who works in a “cubicle farm” in an office may consider that to be a “confined space”. Someone who is claustrophobic may certainly have a different definition of “confined space”. But OSHA has recently adopted a new rule designed to make confined spaces on construction sites safer for workers. According to OSHA statistics, close to 780 construction worker injuries and five deaths occur in confined spaces each year.

The new standard will go into effect in early August of 2105, and will affect workers throughout the country, including those in Texas. Workers who are concerned about the safety of confined spaces on worksites, or feel that they have already been affected by them, may want to contact an attorney who handles workers’ compensation cases to determine whether the existing or new standards justify a claim against an employer.

Placing liability in a medical malpractice suit

When you suffer an injury or worsened medical condition due to surgical error or other mistakes from doctors, a medical malpractice lawsuit could help you claim damages. Yet, once you try to point the finger at any one individual, it may feel like you’re pointing at empty air. Knowing who is liable in medical malpractice suits is the first step to claiming compensation.

In most cases, the hospital is held liable in some form or another. If the doctor who treated you did not receive proper training or licensing, the hospital as a business may be liable. In addition, not having enough nurses on staff could lead to malpractice. If a doctor on staff ignores the orders of a private physician, or fails to question a dangerous treatment prescribed by the private physician, they may be liable in a lawsuit.

How does joint and several liability work in Texas?

Let us assume that you have been involved in an accident with a commercial vehicle, and that the other driver was at fault. During the investigation of the accident you learn that the driver was working on company business at the time of the collision, and that the company that owned the truck had contracted the maintenance of the truck's brakes to another firm that had failed to perform those services competently. So, in addition to the driver's carelessness the brakes were also not working properly when he lost control of the vehicle.

As you can see, in a personal injury lawsuit based on such an event you can be looking at multiple defendants: the driver, the company he or she worked for, and the brake service contractor. Under Texas law, if you prevail in your lawsuit, how is the money damages award to be allocated among these parties?

Medical malpractice: what you don't know can hurt you

It has been said that the beginning of wisdom can be summarized in three words: "I don't know." The need to learn about the existence of and the nature of a thing or an event is what leads to knowledge, and that knowledge can form the basis for meaningful action. When it comes to medical malpractice, most people who are not already personal injury attorneys not only do not know what to look for, they do not know what they do not know. You can suffer an injury as the result of a medical mistake and not even be aware of it – at least at first.

Medical malpractice – and to some extent its cousin, hospital negligence – can take so many different forms that it becomes a possibility from the moment you set foot in the doctor’s office or arrive at the hospital, throughout your stay at a healthcare facility, and even after you pick up your prescription and go home. Your injury or illness may be misdiagnosed by a poorly trained or inexperienced doctor; that misdiagnosis or delay in proper diagnosis can lead to delayed treatment, which in turn can result in a worse and medical condition; your surgeon can leave a sponge inside of you, or even operate in the wrong place; your pharmacist may switch medications on you.

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10107 McAllister Freeway
San Antonio TX 78216

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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