Posted on Tuesday, May 14th, 2019 at 6:20 am
If you live in San Antonio, and you don’t know much about the local courthouses, you’ll want to find out more about them sooner rather than later. Being familiar with the local court buildings can save you a lot of trouble.
Bexar County Court House
This courthouse is located downtown San Antonio, and it is housed in a historic building. It is near Main Plaza and the Cathedral of San Fernando. The courthouse, which was designed by J. Riely Gordon, is considered to be an example of Romanesque Revival architecture.
The courthouse is located at 100 Dolorosa. It opened in 1896, and it is still frequently used today. The courthouse can be accessed by bus, and there is also parking available. On most days, the building is open until 5 PM. It is closed on all federal and state holidays.
The building is actually home to a number of courts, including the Bexar County District Court. Criminal cases usually take place here.
San Antonio Municipal Court
While Bexar County is the largest courthouse in San Antonio, many cases are also heard in the Municipal Courthouse. This courthouse is where a lot of common disputes are settled, including parking and speeding tickets. Because of this, the courthouse is typically very busy.
Although the courthouse has a website and a phone number, it can be difficult to get information from a city clerk over the phone. Instead, you will have to come to the courthouse in person if you need to talk to someone. The courthouse is located at 401 S Frio St.
City of Shavano Park Municipal Court
The Shavano Park courthouse is also located in San Antonio. This courthouse is at 900 Saddletree Ct. This is a smaller courthouse that is less prone to long wait times.
If you are due to appear in municipal court, you will have to figure out which courthouse you need to visit. Typically, San Antonio residents will be expected to visit the San Antonio courthouse, while residents of Shavano Park will be asked to visit this courthouse.
Bexar County Justices of the Peace
If you hope to see a Justice of the Peace, you don’t have to visit one of the larger courthouses in San Antonio. Instead, you can head to the Bandera Festival Shopping Center, where you can find Justices of the Peace. A number of matters can be settled here. For example, you can apply for a marriage license or pay a ticket.
The shopping center is located at 7723 Guilbeau Rd. This shopping center is easy to access, and there is plenty of parking available. If you visit the court at a busy time, you can expect to wait for as long as an hour.
If you live in the San Antonio area, you’ll want to make sure you are familiar with all of the courthouses in the area. Even if you stay on the right side of the law, you may have to appear at one of these buildings in the future.
Posted on Tuesday, May 7th, 2019 at 9:40 pm
In Texas, navigating through a personal injury claim can be quite difficult, both financially and emotionally. Many cases tend to take a lot of time to resolve, and it’s important to have an attorney that will be in your case for the long haul, and won’t settle quickly for a cheap amount.
To help make the process a bit more bearable, it’s important to understand the stages involved in a personal injury case, along with the work that your counsel will be doing to keep your case on the right track. The key to a fair and successful recovery is being patient all through to allow the case to play out.
Typically, Texas personal injury cases will go through 5 critical stages:
The litigation stage is often avoidable, though it’s the primary goal of your attorney to obtain the most favorable resolution for you. So, if there are inadequate settlement offers from the responsible party, your attorney might file a lawsuit and the litigation stage will run its course.
Here is a rundown of each of the 5 stages your case is likely to go through:
1. Treatment and Recovery
Immediate medical attention and treatment for your injuries is vital for your health and safety. The first thing that your attorney will prioritize is getting you back to 100% full health. As such, during this stage, you’ll see your physician and/or medical provider as regularly as needed, and the timeline will vary depending on your injuries.
It’s important to be patient during this stage and adhere to all of the treatment plans and prescriptions from your doctor. You also want to document the nature of your injuries after the accident, and all the expenses you have incurred as a result of the accident, including the prescriptions, medical bills, wheelchairs, artificial appliances, etc.
In case you’re unable to attend any of your doctor’s scheduled appointments, make sure you cancel timely, and then reschedule at your earliest convenience. Keep in mind that what your doctors write on your file can dramatically affect your case.
2. Summary Stage
When you’re fully recovered, the medical bills and records are collected from your medical providers. Additionally, your attorney will collect documentation for your lost wages, out-of-pocket expenses, and incidental expenses. When the necessary information is collected, a settlement packet will be submitted to the responsible party or their insurance company along with a demand letter.
In the vast majority of cases, the insurance company won’t settle the case until they receive a copy of all the medical bills and records along with lost wage information regarding the case of the injured party once they have fully recovered. The role of your attorney during this stage is gathering all of the necessary information and present it to the defendant.
During this stage, the lawyer can determine if you have a case or not, and will give you the bad news early enough.
3. Demands and Negotiation
Many smaller and less complicated personal injury claims are settled before a lawsuit is filed. If your attorney thinks that your case can be settled, they will make a demand to the party and fault, or their insurance company.
Alternatively, your lawyer will file the lawsuit. Generally, if the claim involves a claim of permanent impairment or injury, a good attorney won’t settle before filing suit. They will also not make a demand until you have recovered or reached a point of maximum medical improvement.
During this stage, the insurance company will make an offer of settlement. Your attorney will present you with the full details, and you have the option of accepting or declining the offer. Negotiations will continue until an acceptable offer is made. If the insurer accepts the demand, the case is officially settled, and from there, it proceeds to the disbursement stage. If they refuse to make a fair offer, your case proceeds to litigation.
Filing a lawsuit starts the clock running on when your case gets to trial. Your lawyer should provide you will the information on what to expect. Keep in mind that lawsuits take time, and you have to be patient all through the litigation.
The key here is to present the jury with a strong case and clear facts, which should help them render a fair verdict for you. Of course, this will be a team effort, and your help will be appreciated.
The final stage is disbursement. Once your case is settled, a check will be issued to both the attorney and the injured party. You’ll be contacted to avail yourself to the lawyer’s office to sign the checks and releases of the claims. All the checks will be written to pay the liens, medical bills, and even the attorney. With your check at hand, the case file will officially be close.
Posted on Saturday, April 27th, 2019 at 2:22 pm
Electric scooters have become popular all over America, including San Antonio and other large cities in the state. In many places, they have been encouraged by city authorities as a part of an approach to providing alternatives to fossil fuel powered transportation.
In San Antonio, there are currently nine electric scooter hire companies. There are around 12,000 scooters somewhere around the city at any one time, not all in action at once. The city has been grappling with how to deal with a vehicle that is neither a bicycle nor a motorcycle, but somewhere in between. There has been a pilot scheme in operation and the city council has made several rules for scooter use which it is hoped will help to eliminate some of the problems that they have presented.
One of the problems is a rash of accidents, some of them quite serious. Both scooter hire’s and pedestrians have been hurt. There are many reasons why the electric scooters have caused a whole new set of potential accident scenarios.
One reason is simply that the scooters are a relatively new technology and many people who pay to use them in the city are not familiar with the way they should be handled. Riders have fallen off when the scooter hits a bump, goes around a tight corner or does not respond to the use of the brakes fast enough.
The scooters have a speed limit of 15 mph. That makes them faster than the ordinary bicycle, but slower than the average motorized vehicle. If they are ridden on a sidewalk they are a potential accident risk to pedestrians or other electric scooter rides and cyclists. If they are ridden on a road, then there is a danger that the scooter rider may be a victim of an accident. The scooters are safest when ridden on purpose built or designated cycle lanes or paths, but there simply aren’t enough of them to satisfy the people who choose to hire them.
Another problem is that the scooter companies do not provide helmets. Those people who hire scooters do so for limited periods of time because of their convenience and speed getting around the city, but generally don’t carry a helmet around with them.
A prohibition on the use of scooters between 11 pm and 6 a.m. was ruled by the San Antonio City Council some time ago, which helps to eliminate the rate of accidents in the dark, but doesn’t totally exclude them.
There have been at least two deaths in Texas attributed to electric scooter accidents; one in Austin and another in Dallas. The rate of emergency callouts and ER visits was reported as having spiked by over 150 percent in Austin after electric scooters were first rolled out in that city.
Electric scooters are just as vulnerable as any two wheeled vehicles and a collision between a scooter rider and a pedestrian, cyclist or anything more solid often ends up with the scooter rider falling abruptly on to the path, sidewalk or roadway. A scooter defect that has not yet been reported in San Antonio, but has affected scooters in some other U.S. cities and overseas, causes the scooter’s wheels to lock up and throw its rider on to the ground. Typical scooter injuries are similar to bicycle accident injuries:
- head injuries including traumatic brain injury;
- bruises, cuts and more severe lacerations
- broken ribs;
- spinal injuries;
- facial injuries including loss of teeth.
Electric scooters and personal injury compensation
There are two main ways in which electric scooters are the subject of a personal injury claim. If you were hit by a negligent scooter rider, then you may have grounds for filing a claim against them. Note that it is unlikely that the scooter rider would have insurance to cover an injury that they may have caused, so the claim would be made against their assets.
The second type of claim would be one made by the scooter rider if hit by a negligent vehicle driver, or against the scooter hire company itself if the accident was caused by a defect in the scooter.
As the use of electric scooters becomes even more popular in San Antonio it is likely that the number of injuries related to this method of transportation will increase. If you have been injured in a scooter accident in or around the city, you should contact an experienced personal injury attorney in San Antonio as soon as your injuries allow you to do so. You can contact a San Antonio Lawyer for professional and dedicated legal help at 833-210-4878.
Posted on Sunday, April 21st, 2019 at 10:24 pm
The statute of limitations for car accidents determines the time frame for filing a case in a court of law. If the victim lives in Texas, he or she has two years from the day of the auto accident to file a case. The statute of limitations is relevant to auto accident lawsuits because the victim will always try to resolve the case by negotiating with the insurance provider. Negotiating with the insurance company doesn’t automatically put the statute of limitations on hold. If you are a victim of an auto accident in Texas, you should pay close attention to the statute of limitations. If not, you may not be able to file a case in a court of law in Texas. This article provides information on the statutes of limitations for Texas car accidents.
If you or someone in your family is injured due to a car accident in Texas, you should satisfy the requirements of civil law in a timely manner. The statute of limitations will come into effect after two years from the date of your accident. You cannot file a personal injury lawsuit in a Texas court of law after that. That’s why you need to closely work with a reputable personal injury lawyer in Texas to file an injury lawsuit. You and your attorney shouldn’t delay filing the case. The time limit doesn’t change whether you are the victim of the accident or the driver of the vehicle. On the other hand, the plaintiff can be a car driver, motorcyclist, bicyclist or pedestrian. Regardless of the role of the plaintiff, the time frame holds true.
The Texas Civil Practice and Remedies Code Section 16.003 states that a personal injury lawsuit should be filed within two years from the date of an auto accident. Anyone injured in an auto accident is considered the victim. A longer filing period is allowable only if someone dies in the accident. The victim’s family gets an extended period to file a lawsuit in case the individual dies as a result of the auto accident. In fact, the statute of limitations for wrongful death cases is still two years. But it will start on the day the victim is pronounced dead. This day can be different from the day the car accident actually occurred. Your personal injury attorney is the best person to advise you on what needs to be done after a car accident in Texas.
What You Need To Do After An Auto Accident In TX!
The first step after an auto accident in Texas is to contact the police. They will interview the participants in the accident and file a Crash Report (Form CR-2). This report is filed when the injuries or property damages of the accident exceed $1,000. If the accident results in a death, the CR-2 should be completed and submitted within ten days of the auto accident. Once the police are informed of the accident, the next step is to take stock of the injuries to you or the others involved in the accident. Call emergency assistance to attend to the injuries of the victims.
If you are in a position to gather information on the drivers involved in the accident, you should definitely do so. Write down their names, address, phone numbers, and insurance information. If there are eyewitnesses, get their names, addresses, and phone numbers. Make sure you collect as much evidence as possible if you are in a position to do so. Takes photos of the accident scene. Call your insurance provider and notify them of the accident. These are important things that you need to do in case you are involved in an auto accident in Texas.
Consult A Personal Injury Attorney!
Last but not least, you should consult with a personal injury attorney in San Antonio Texas. The lawyer should specialize in dealing with auto accident cases similar to yours. Most lawyers offer a free consultation session to give you an idea about the possibility of filing a case. Even if you could settle the matter by negotiating with your insurance provider, you should first consult with a personal injury lawyer. A reputable personal injury lawyer in Texas can help you get the maximum settlement to compensate for your injuries.
Posted on Saturday, March 30th, 2019 at 5:43 pm
It has taken years for Texas politicians to get their head around cell phone and driving legislation. There were attempts by one politician or another to restrict the use of cell phones while driving, but every time a bill was introduced it became defeated with opponents of legislation claiming that it would limit personal freedom. It wasn’t until September 2018 that House Bill 62 was finally passed. The law makes it illegal for anyone in Texas to use an electronic device to read, write or send messages while driving. Emergency use is the only exception.
It hasn’t been long since the bill was passed, but there is already some sound evidence that the change in the law has made a difference to crash fatalities. Prior to the law change, the number of accidents had been increasing year after year. What statistics that are available suggest that the increase was due to innovations in cell phone technology and the rise in use of social media making it more attractive for Texans to use their device wherever they are, including behind the wheel.
A survey in 2017 made by Cambridge Mobile Telematics revealed that a quarter of all motor vehicle accidents were caused by cell phone texting. It has also been reported that over 1,000 collisions on U.S. roads take place every day due to distracted driving, of which cell phone use is regarded as the most prevalent.
Until September last year, Texas was one of only four states that still allowed drivers to use cell phones, but no longer. How has this changed accident rates? According to the Insurance Council of Texas in its 2019 Annual Report, although the fatality rate had climbed 34% in the 9 years since 2010, there has been a 4% decrease in fatalities and pedestrian casualties since HB62 came into force.
Of course, analyzing accident causes like distracted driving can be problematic. How can you tell that a crash took place because someone was texting just before the crash took place, unless someone actually saw the driver, or the driver survived and admitted to using their phone? Some opponents of cell phone use legislation have claimed that restricting cell phone use won’t have much effect as it cannot be properly enforced.
The issue of unenforceability came out when HB62 was being debated in the Texas Senate. Senator Larry Taylor, for example, raised the example of using the cell phone as a navigational tool and for listening to music, both of which were exempted by the bill. Other Senate representatives were keen to counter this viewpoint, however. As Senator Joan Huffman said at the same hearing, if the law saved only one life, it would be worth it. Sen. Huffman said that when people know that what they are doing is against the law, they will still hesitate, even if it won’t stop all illegal behavior.
Two other similar laws have been passed in Texas before HB 62 was passed. One, HB 339 prevents any driver younger than 18 using any sort of wireless electronic device while driving, even hands free cell phone technology. The law was passed in response to the horrifying fatality rate amongst younger drivers in particular, most of which is ascribed to cell phone use. HB 55 stopped adult drivers from using hands-held devices of any type while in school crossing zones and bus drivers from using any device while minors are on board.
HB 62 might still prove to be not strong enough; such is the power of attraction of electronic gadgetry and the ease of communication it provides, so those statistics are going to be watched carefully over the next few years to make sure that the fatality and serious injury rates do continue to decline.
If you, or a member of your family, have been injured in a vehicle accident caused by a distracted driver, you have a right to claim compensation from that driver.
You should contact an experienced personal injury attorney in San Antonio as soon as your injuries allow you to do so. You can contact a San Antonio Lawyer for professional and dedicated legal help at 833-210-4878.
Posted on Tuesday, February 26th, 2019 at 9:36 pm
Every year, there are thousands of cases filed regarding defective product liability. Product liability means that the manufacturer, seller or company is held responsible for the manufacturing and distribution of defective products. An inherent defect in products causes damage to the consumers, consequently becoming the subject to the defective product liability claim. According to product liability law, once this claim is made, the company or manufacturer has to pay for compensation for the damage and loss caused by that defective product.
How a Product is claimed as Defective?
Claims regarding defective products are based on factors such as strict liability, negligence, or violation of warranty of fitness of the product. Although, products are considered tangible things, however, the purview of this claim has expanded to the intangibles, naturals, writings or real estate. This claim can be made against any party involved or relevant to the defective product:
- Assembler or installer
- Manufacturer of other parts of the products
- The Wholesaler
- The retailer or seller of the product
Regardless of the jurisdiction of the party, the plaintiff has to prove that the product is defective. There are three main categories of a defective product which will determine the validity of the claim:
Defect while Manufacturing the Product:
Most often the claims are made under this category. A claim about the defect in a product during manufacturing which has caused an injury to the consumer is appropriate. The product had already a flaw in the making at the factory which caused the damage.
For instance, if there is a bicycle with a weak chain or cracked frame, a defective batch of medicine with a harmful substance, or car with defective airbags or tires. In order to prove such cases, the injury should have occurred due to a manufacturing fault and not the defect that developed later on.
Defects in Designs of the Products:
Defects in design also cause injury and the subsequent claim will be made as the product was inherently hazardous. This claim will not be made given an error or mistake, instead, the whole range of the product is dangerous, regardless of the fact that the defective product was made according to the requirements.
For instance, the airbags do not protect completely, are too thin to absorb the impact of a crash or collision; or a batch of sunglasses which does not protect the eye from ultraviolet rays.
Not Providing Enough Instructions or Warnings:
If a person uses a product and gets injured because there was no sufficient warning regarding the usage of the product, the claim will be made under the category of failure to warn. Such claims arise when a product is dangerous in such a way which is not obvious nor there a warning about the potential danger involved in using it, or the consumer needs to take extra care to use the product and nothing such is mentioned in the instructions.
For instance, an oven is packaged without any sufficient instruction that the surface gets hot after a certain temperature. The injury in such cases must be the consequence of failure to warn.
While facing these claims, the manufacturer may raise the defense that the plaintiff may have altered the product which caused the harm or he or she has not identified the supplier which may have caused harm. In such complicated situations, it is important to hire the services of a competent product liability attorney who can fight to recover your compensation.
Posted on Sunday, February 24th, 2019 at 5:49 pm
Statutes of limitations are imposed in many areas of law. They vary from state to state and may be quite complex, as is certainly the case where they apply to birth injury claims. Basically, when it comes to making a personal injury or medical malpractice claim, the state’s statute of limitations determines when you can no longer make a valid claim. The reasoning behind this is to prevent courts from being clogged up with claims made many years after an event was alleged to have taken place. Although there are exceptions, the longer a claim is made after a supposed event, the less likely it can be proven, making the claim less likely to succeed. This can prolong the claim process which can also prolong the time taken in court if it comes to that.
In most states, personal injury claims made against private individuals or organizations are two to three years after an injury has occurred. The statute of limitations for claims against government entities, like cities, states or the federal government are typically shorter, often as little as 6 months or a year and the claim process is often more complex as well.
Exceptions to the statutes of limitations when an injury or illness is discovered later in life
Most states recognize there are exceptions to the general rules about time limits. For example, if someone works in a particular industry and eventually becomes sick, they may not realize that their sickness resulted from a period working in the industry until much later in life. This is typical for many cancers and diseases like mesothelioma, for example. In these cases, the law generally allows what is called a toll or extension of the statute of limitations so that the claimant can be able to make their claim within a set number of years after the ‘discovery’ of the disease, rather than after the exact point at which the disease occurred. In most cases, this would not be possible anyway s the damage would have been done over a prolonged period of time.
A similar extension of the normal statute of limitations applies to birth injury claims as well. Theoretically, if a birth injury occurs due to the incompetence or poor medical procedures, then the family should be able to make a claim within two years of the birth in Texas. This period may be different in other states. However, that assumes that whatever happened to the baby at birth was immediately obvious. In some cases, the effects of poor procedures may not be apparent until much later in life. There may be no recognition of the effects of a birth injury, for example, until a child becomes a teenager. By that time, the statute of limitations has long passed and without an exception to the statute, it would become impossible for that child to receive compensation from the medical institution responsible for the injury.
Extension of the normal statute of limitations for some birth injury claims
In Texas, the statute is modified to take this into account in a modified version of the ‘discovery’ extension.’ A child has two years after they become 18 to make a birth injury claim a long as the claim is made against a privately owned and run medical facility or against a private individual medical professional.
Claims against a government medical facility
The law is different when it comes to birth injury claims against a government owned or run medical facility or a military hospital run by the federal government. The statute of limitations may be as little as one year after the discovery of the injury to file an administrative claim against the relevant agency.
As the statute of limitations is so important when it comes to making a personal injury claim or medical malpractice claim it is vital that you contact an experienced personal injury attorney as soon as a birth injury or other medical incident is recognized. You can contact a San Antonio Lawyer for professional and dedicated legal help at 833-210-4878.
Posted on Tuesday, January 29th, 2019 at 4:59 am
A premises liability case occurs when a person gets injured on someone else’s property. The owners of the property ensure that their property- building or open space- is secured for the visitors. The owners have a legal responsibility to ensure that property is safe and has taken the safety measures which prevent any harm or damage from occurring to others.
If the owner fails to observe this legal duty and an accident occurs in the result of this, the victim will file a lawsuit for the compensation of sufferings and losses. Accidents such as falls and slips, animal attacks, falling equipment, security lapses, fires, injuries at swimming pools or construction sites etc. are subject to lawsuits.
Criteria for the Premises Liability Case:
In order to file a premises liability case, you need to prove certain things to win the case:
- The defendant is the legal owner of the property: it is important for the plaintiff to prove that the place where the incident occurred is defendants legally owned property.
- The defendant is careless in taking care of the property: the next important thing after determining the ownership, the plaintiff has to prove that the defendant showed negligence in taking care of the property and failed to warn the visitors about the known and possible dangers on the property which was undiscoverable by the visitors on their own. It is very important to prove that the defendant did not provide a safe environment on his or her property and owner’s negligence caused the damage to the victims. This would mean that the defendant had time to remove the dangers but did not or failed to do so.
- The plaintiff suffered the damage or injury: it is of crucial importance that the plaintiff has to prove that he or she was actually injured as the consequence of the defendant’s negligence. This point is proven through the testimony of the plaintiff, doctors or the expert witness(s). These professionals attest the severity of the damage, its reason and the impact on the victim’s life.
Factors that can complicate the Case:
Despite the above-mentioned things are proven there are certain factors that can complicate the premises liability case and can raise several important questions:
- Plaintiff’s Status at the time of the accident: it is important to determine the victim’s status when the accident occurred; was he or she the licensee, an invitee or a trespasser? A licensee is a family member or friend who visits home frequently and receives less protection as compared to the invitees. In the case of invitees, they are supposed to be protected by the host or defendant. The trespasser is not allowed and has the minimum protection in such case.
- Was the plaintiff expecting a danger or hazards within the premises?
- Was the victim in part responsible for the injuries?
If at any stage, the case gets complicated, it is better to seek legal help of a personal injury attorney who can guide the plaintiff or suggest ways to get through such complications.
How to Strengthen Your Case:
Since the can become complicated, there are few ways to strengthen your premises liability case:
- Collect Evidence: it is the responsibility of the plaintiff to prove that the defendant was at fault or negligent. He or she must gather proofs in his or her favors through taking pictures at first place.
- Observe Statue of Limitations: any case within the purview of personal injury has a certain statute of limitation. Once this time period lapses, the claim cannot be made. So it is important to update the law.
- Stay Truthful: Getting caught in lies can prove to be damaging for the plaintiff’s reputation leading to losing the case. So, if at any stage the plaintiff is at fault or is a trespasser, he or she must own the mistake.
Posted on Monday, January 21st, 2019 at 4:22 pm
Texas is a big state with a highly diversified economy. It has a huge oil and gas industry so it may not be such a surprise to learn that the state has the highest fatality rate for oil well and gas drilling blowouts and explosions. The oil and gas industry is in fact the most dangerous in the U.S. and Texas is the most dangerous state.
The Bureau of Labor Statistics (BLS) keeps records of serious injuries and fatalities according to the type of industry. Their figures may not be completely accurate as some accidents are not recorded for privacy reasons. The oil and gas industry is particularly vulnerable to fire and explosions caused by gas leaks. Although only 1% of American workers are involved in the oil and gas industry nationwide, the number of fatalities caused by fire or explosion is about ten times the average number in any other industry with the exception of firefighting.
To be fair, the actual incidence of serious injuries and fatalities in Texas may not be as bad as other states when the percentage of workers involved in the industry are taken into consideration. In 2013, for instance, it appeared that Texas had three times the number of oil and gas fatalities as North Dakota, another state where the industry is important, but on analysis the figures reveal that when the numbers of workers are taken into account, Texas fatal accidents are less than half that for North Dakota.
Accidents on oil and gas rigs are sometimes simply the result of the inherent danger of the proximity to a highly combustible material, but in many cases accidents are preventable. Workers are often injured or killed because of negligence on the part of the company involved in the operation. Methane explosions are particularly common. In one accident in 2010, for instance, supervisors continued to drill for oil after an old coal mine had been pierced, releasing a cloud of methane. The methane exploded, killing seven oil workers.
Workers not the only ones affected by oil and gas accidents
Oil and gas explosions and fires don’t always just affect workers. If they occur on land in the vicinity of buildings used for homes and offices, then others in the community can be seriously affected after a catastrophic accident. Theoretically, an oil or gas well should not be drilled close to anyone’s home, but the distance may not be far enough for all danger to be avoided. In the 2010 Deepwater Horizon explosion and fire in the Gulf of Mexico, 11 workers died, 17 more were injured and there was also well documented catastrophic damage to the marine environment caused by the subsequent oil spill. The incident remains the U.S.’s worst environmental disaster to date.
Some accidents are caused by ignoring safety procedures. The methane explosion example above was in that category. In other cases, workers may not be sufficiently well trained to do the job they are doing or are not fully trained to follow safety procedures. Adequate supervision may be lacking. In the Deepwater Horizon incident, it was determined that Transocean, the company that was drilling for oil for B.P., had ignored concerns that the well’s blowout preventer was not able to be remotely activated properly in the event that a blowout occurred.
Workers’ comp. or personal injury?
Many Texans and workers from other states are employed in oil and gas wells and are at a higher risk of serious injury than most other workers. In most cases, if an accident causes an injury to an employee, then workers’ compensation should cover the cost of medical treatment, rehabilitation, lost wages and compensation for dependent families in the event of a fatality. Texas is almost unique in the U.S. for not having mandatory workers’ compensation requirements. Many employers in Texas do in fact take out workers’ compensation insurance. However, in the event that an oil and gas worker is not covered, a personal injury claim may be the only way of obtaining compensation.
For non workers injured by such an explosion or fire there exists the possibility of obtaining compensation through a personal injury claim. If you have been involved in an oil or gas accident and are not covered by workers’ comp., then you should arrange an appointment with a San Antonio lawyer to discuss your legal options and the possibility of a personal injury claim. You can contact the San Antonio office of the Patino Law Firm at 833-210-4878.
Posted on Tuesday, January 15th, 2019 at 4:21 am
Injuries in the result of an accident are personal in nature. Two persons involved in the same accident and vehicle will have a different nature of injuries. Similarly, the healing time will be different given their injuries. In this case, the doctor plays a vital role when it comes to the diagnosis and treatment of the victim(s). A doctor’s diagnosis of the victims’ injuries and their medical record can make or break the personal injury case. If he makes the wrong diagnosis, or does not keep any a medical record or does not produce at any stage of the proceeding, this can damage the credibility of the victim leading to losing the personal injury case.
Seeking Medical Treatment Immediately After the Accident:
It is very important to seek immediate medical treatment after the accident. These medical records help in determining the link between the accident and consequent injuries. This step is very necessary because the treating doctor’s statement will have more credibility than the hired doctors who are usually paid for the opinion in such cases.
Another thing to keep in mind is that if the victim does not seek medical treatment first and consults the lawyer instead, the court will find it difficult to link between the injuries and accident due to the time that has elapsed between the events. Moreover, the defendant can raise the argument that the injury was pre-existing and not the result of the accident.
The Follow-up Treatment:
Initial treatment is not enough after the accident. The personal injury victim must visit the doctor often and follow the instructions strictly. Moreover, the doctor may also advise that how long after the accident the victim can return to work or can perform other activities. In case the victim does not follow up with the doctors, such an act can be used against the victim that he or she has not taken appropriate steps to recover from the loss.
Keeping Medical Records:
In a personal injury case, medical records are of vital importance as they serve as the key evidence. Moreover, these medical records must contain complete information about the victim’s accident, injuries, diagnosis, and treatment. For instance, these medical records must contain that the victim’s treatment was started as a result of his or her involvement in a motor vehicle accident. If the doctor proves this link between the injuries and the accident, it can be much easier to recover the compensation money from the insurance companies.
Doctors Being Associated with the Personal Injury Law Firms:
Some doctors have developed a reputation as being associated with the personal injury law firms. When the medical records crafted through these practices, the credibility of such reports come into question. As the personal injury law firms are also involved, it appears that these firms have developed such medical reports. Such doctors fall apart when the cross-examination is carried out. This can break your personal injury claim and the victim lose the case. So, it is advisable to go to the doctor who is not associated with such firms and establishes a good report.
It is important for a medical report to be perfectly scribed with all the relevant information. Although the attorney can discuss the report with the doctor, however, the doctor must include every relevant information about the treatment.
So, if you are suffering from injuries in the result of an accident, it is better to seek treatment from a well reputed and qualified doctor as well as follow his instructions while keeping a full medical record.