No child should have to experience a birth injury, but a trusted lawyer can help a family who has been victimized in this way. These incidents are not the same as birth defects, which typically occur during development in the womb. Birth injuries occur during delivery of the child and are usually the result of medical malpractice, either on the part of the obstetrician, a nurse or even a surgeon. And sadly, these incidents tend to have permanent effects on the child, including irreversible brain damage.
During delivery, the child is extremely vulnerable. If a doctor is not careful when handling the child or not attentive prior to delivery, the child can be harmed. For example, if the child is not facing the correct way prior to delivery, the doctor should plan accordingly, even ordering a cesarean section if needed. If they fail to do so, the child may have to be forcefully pulled out or may be deprived of oxygen. Doctors may also misuse their instruments, such as forceps, or prescribe medications that harm the child. No matter how the incident is caused, it may result in a significant birth injury. An experienced lawyer can help a family file a claim for medical malpractice if their child is hurt in this way.
During a medical malpractice case, the attorney will call upon expert witnesses, usually other doctors, to demonstrate how the defendant was neglectful in their care toward the infant. If fault is proven, the victim will receive a settlement.
Most Houston law firms are specialized in a few areas of expertise, and only a handful are capable of representing injury victims properly. And among these, only a select few have the experience to handle any injury case with confidence. During the case proceedings, the victim may be in medical recovery and unable to exert much effort with their claim. And when the injury has been caused by a powerful business or other institution, attaining compensation can become an exhausting battle. For these reasons, injury victims should consider an attorney who has fought a variety of tough cases before, and won them. Terry Bryant and his team fit this bill.
Terry Bryant’s team is one of the few Houston law firms that has been around for nearly 30 years and has taken on several large companies. Among these include BP, ExxonMobil, Chevron, Shell, Memorial Hermann Hospital and many more. When Terry Bryant represents a victim, it’s done from start to finish. This means everything from naming the defendant to arguing on behalf of the victim in court or during settlement. Vehicle accidents, workplace incidents, medical malpractice, drug injuries, maritime accidents, defective products, birth injuries, asbestos related mesothelioma, workers’ compensation and social security claims are among the cases that this prestigious firm handles. With an experienced lawyer representing the victim, the chances of recovering a financial settlement for medical expenses and other damages are greater, helping with the transition back to a normal life.
Texas mesothelioma attorneys are putting in the overtime these days as more asbestos-related lawsuits are filed here than anywhere else in the nation. This is primarily because the state has had the fourth highest number of asbestos-related deaths since 1999. With so many oil and gas, shipping, chemical and shipbuilding companies in Houston and Dallas, the large number of asbestos-related injuries was inevitable.
Oil platforms, industrial buildings, and ships make regular use of asbestos as it is highly effective at insulating equipment and piping. Texas mesothelioma attorneys have gone after a number of companies that maintain these facilities, including Chevron Phillips, Texaco, Bethlehem Shipping, Lone Star Industries, Lyondell, Todd Shipping, and Gulfport Shipping. In some cases, workers were responsible for handling contaminated materials will little or no safety equipment, leaving them completely exposed.
It’s important for victims to take advantage of their legal rights if they are suffering from an asbestos-related condition. After a while, the fibers that asbestos leaves behind in the body will build up and cause chest pain, fatigue and can lead to deadly cancers, like mesothelioma. Once a victim has been diagnosed with cancer, they will usually not have long to live. By pursuing your legal rights, you ensure your family is taken care of and that negligent employers will start phasing out the asbestos containing materials they use.
Maritime lawsuits are not like most other injury claims, primarily due to the presence of the Jones Act. This federal statute regulates many elements of oceangoing vessels, including the rights entitled to a seaman in the event of injury. This is paramount, as seamen are not protected by workers’ compensation if they are hurt on the job. It’s a riskier situation overall for seamen, but they do stand to win larger settlements if they can prove their case.
The Jones Act allows seamen to file maritime lawsuits for negligence against an employer or vessel owner following an accident. Normally, claims of negligence can be difficult to prove as the victim must demonstrate that the defendant’s conduct was grossly out of line. However, negligence claims against vessel owners and employers have a much lower bar to clear. Something as simple as a slippery work surface can qualify as negligence if the worker slips and strains their back or slams against the floor.
Additionally, workers have a right to compensation for their room and board, medical expenses, and ongoing wages. This right is upheld until the worker reaches maximal medical improvement (MMI) and can be invoked at any time. However, vessel owners and employers will often try to avoid paying out maintenance and cure, so a worker should consider speaking to an attorney if they believe they were cheated out of financial benefits after an injury on the job.
A Texas car accident lawyer is always busy, as the Lone Star State ranks near the top in serious and fatal injury rates among motorists. The courts are regularly tied down with these cases, so there have been attempts to expedite them, usually with no-doubt liability standards. Attorneys experienced in the area have to be ready for just about anything because every crash is different. However, these claims follow the same general pattern, and the vast majority of them will end during the settlement phase.
Did the crash occur at a railroad crossing? Was anyone impaired? Were all involved vehicles maintained properly prior to the wreck? Was anyone breaking traffic regulations? Where were the vehicles hit? Was someone acting recklessly before the crash, like talking on their cell phone? These are just a few of the factors that a Texas car accident lawyer will have to weigh when putting together a case.
In some cases, the claim may be determined through no-doubt liability, which is present in a couple situations. These typically include rear-end collisions and crashes that occur as someone is making a left-hand turn. In either case, the court will nearly always find the defendant liable for any damages. If no-doubt liability is not in play, reviewing witness testimony and any police reports can help shed light on a claim.
Vehicle crash victims usually have a long road to recovery following a wreck, but an attorney can help speed the recovery process along and safeguard the victim’s financial future.
A bike accident attorney often has to deal with some of the most devastating injury cases. When a rider is struck by a car, there is little protecting them from the force of impact. A helmet may save a rider’s life, but it won’t necessarily prevent serious injury, and even a car traveling as slow as 20 miles per hour can kill a bicyclist. Recovering from these injuries is often just as taxing, including the crushing weight of medical bills, time lost from work, and chronic complications like pain or mental problems.
The compensation a victim will be able to attain as a result of the crash depends on who is liable. In many cases, the motorist is responsible for checking for a rider, taking care not to veer into the path of a rider unexpectedly or make sudden, dangerous turns. A bike accident attorney looks at more than just traffic laws to determine who is at fault. If there are any inherent defects in either vehicle, or if the crash occurs at a poorly maintained stretch of road, additional parties may share responsibility.
With a strong case that includes a detailed account of the events surrounding the crash, the victim will be able to get restitution for their medical expenses and provide for ongoing therapy, should it be needed. This can be a significant help to a person who may no longer be able to work or take care of their own basic needs.
An offshore accident attorney is often the only person capable of helping a seaman after they have been hurt on the job. Seamen are not eligible for workers’ compensation in the event of injury and must instead pursue a negligence claim against an employer or vessel owner. Qualified seamen also have a right to maintenance and cure, and this is intended to help a hurt seaman handle their medical and living expenses in the interim. However, vessel owners often shortchange a hurt worker in this respect, putting a significant financial burden on the victim during their moment of greatest need.
When a seaman is hurt, the Jones Act will play a large part in the settlement process, so an offshore accident attorney will need to know it inside and out. Fortunately, claims made through the Jones Act require less proof than most other negligence claims, so vessel owners and employers take on much more liability than most other defendants. Even a blind corner on a ship can make the vessel owner liable if an injury occurs as a result.
What constitutes a qualified seaman is determined by a few things. For one, the worker must be assigned to an active vessel. They must also contribute to the vessel’s purpose or maintenance, and must spend much of their time working on the vessel. A defendant will usually challenge the worker in this area, so an attorney may be needed to establish an employee’s work history and qualifications as a seaman.
When a motor vehicle collides with a bicycle, the resulting injury can be extremely serious, even fatal. Any cyclist that has spent a long time on the road has had some close calls, and it only takes a single accident to change the rider’s life forever. These accidents are also becoming an increasing concern in urban areas as younger people are ditching the car for the pedals instead. In fact, while the number of fatal traffic accidents has declined sharply in the last ten years, the number of rider deaths has remained constant.
In most cases, the motorist is the one responsible if they collide with a bicycle. The resulting injury and its medical costs are typically the responsibility of the driver. However, proving liability is not always easy, as motorists will often argue that a cyclist came out of nowhere or that other issues, like road conditions, factored into the crash.
If you are struck by a motorist and have the wherewithal to do so, it is important to document the events leading up to the crash. If you are with a friend, have them approach witnesses to get their account, and call for medical and police help as soon as possible. The more details you remember, the easier it will be to win a settlement.
Today’s daily stories remind us that Houston is still far from a pedestrian friendly city.
A vehicle struck a middle-aged woman in Cypress last night killing her. According to reports, the woman was crossing using the crosswalk at the intersection of Queenston Blvd and Forest Height Drive when the incident occurred. Life Flight responded to the scene and transported her to a local hospital, where she later died. The authorities ruled out the involvement of any intoxicants after meeting with the driver, who isn’t expected to be charged with any crimes.
Another deadly hit-and-run accident claimed the life of a pedestrian earlier this morning in southwest Houston. According to authorities, a vehicle struck a man attempting to cross the service road of the Southwest Freeway between Bellaire Blvd. and Fondren Road. The vehicle did not stop to render aid to the victim, who was later found by other motorists. The Houston Police Department is currently investigating attempting to locate the identity of the alleged vehicle. Would the victim have survived if the driver of the vehicle had stopped to render aid? We will never know. What we do know is that there is a family out there morning the loss of their loved one.
Whenever a victim believes they have been hurt due to the negligence or carelessness of another, they have the legal right to file a personal injury claim against the responsible party. There are hundreds of situations in which this legal right is available to the victim, but they are all handled a little bit differently. What this means is that there is no single right way to manage a case, and every case will have to be adjusted to fit the circumstances surrounding the incident. This is why so many turn to attorneys experienced in the field, as it can be difficult for a victim to determine what details will be relevant to the court.
A personal injury claim can be done in response to nearly any accident. Vehicle accidents, workplace accidents, defective medications, medical malpractice, defective products, maritime accidents, workers’ compensation and social security claims, and even dog bites are all cases best handled by a skilled attorney.
During a case, a lawyer will name the defendants, determine what the victim should be owed based on their damages, and argue on behalf of their client during the settlement and, if need be, trial phases. In most cases, an attorney can secure a favorable settlement, preventing the case from going to trial and greatly expediting the process for the victim, who may not be able to wait for financial assistance. This can take a heavy burden off the victim and allow them to seek the medical treatment they need.