Kahn Law Firm, P.C.

What Should You Know About Lane-Splitting?

If you’re injured in an accident with a negligent driver or a negligent motorcyclist in or near the Houston area, you must contact a Brazoria County motorcycle accident attorney as quickly as possible. 

Motorcycles account for fewer than two percent of the registered motor vehicles in Texas, but in 2021, motorcycles were involved in twelve percent of this state’s fatal traffic accidents. In 2023, there were more than 8,700 motorcycle accidents in Texas.

These accidents caused 599 deaths and more than 2,400 serious injuries. Many of these accidents involved lane-splitting, which is illegal in Texas. What is lane-splitting? Why is it so dangerous? And what are your options and rights if you are injured in an accident caused by lane-splitting?

How is Lane-Splitting Penalized in Texas?

Generally speaking, lane-splitting happens when a motorcyclist crosses painted lines on the road to proceed between and past slower-moving vehicles moving in the same direction. The precise definition of lane-splitting varies slightly from state to state.

Several states allow lane-splitting in particular situations, but not Texas. A $175 fine is the usual penalty for lane-splitting in this state. A Texas motorcyclist who causes a traffic accident by lane-splitting will be deemed either wholly or partially at-fault for the accident.

When a motorcycle accident is investigated, lane-splitting may or may not prompt charges of negligent or reckless driving. The main question is this: Was the car or truck driver speeding or driving recklessly, or was the lane-splitting motorcyclist the only party at-fault?

Why is Lane-Splitting So Dangerous?

Why is lane-splitting dangerous, and why is it illegal in this state? The dangers associated with lane-splitting include but are not limited to:

1. car and truck doors that open suddenly
2. drivers abruptly changing lanes without using their blinkers
3. drivers who make turns without realizing a motorcyclist is present
4. hands, arms, or objects unexpectedly coming from car and truck windows

How Does Comparative Negligence Apply in Lane-Splitting Accidents?

Texas is a “comparative negligence” state for auto insurance, which means that each driver in a traffic accident may be assigned a percentage of the fault. Let’s say that Motorist Y suddenly and recklessly changes lanes and collides with Motorcyclist Z, who was lane-splitting.

A car insurance company or a trial jury (should the case go to trial) may determine, for example, that Motorist Y is 70 percent liable for the accident due to recklessly changing lanes and that Motorcyclist Z is 30 percent liable for the accident because he or she was lane-splitting.

If Motorcyclist Z is injured with damages of $100,000, under comparative negligence in Texas, Motorcyclist Z’s damages would be reduced by 30 percent. The motorcyclist could still recover $70,000 (70 percent of his or her damages) for medical costs, lost wages, and related losses.

What Should You Do After a Motorcycle Accident?

If you sustain injuries in a collision that involves a motorcycle, whether you are a motorcyclist or a car or truck driver or passenger, seek medical assistance. That’s the priority. After you’ve been examined and treated, arrange to meet with a Brazoria County motorcycle accident lawyer.

If you’re not treated at the scene or taken to a hospital, have a medical exam at once – within the first 24 hours if possible. Without that exam, you may have difficulty linking your injury to the accident, and the other party’s insurance company may claim your injury occurred elsewhere.

How Will Your Attorney Handle Your Injury Case?

If you’re injured in a crash with a lane-splitting motorcyclist and you weren’t at fault, and if your Brazoria County motorcycle accident attorney can prove it, Texas law will be on your side.

Your attorney will examine witness statements, medical records, the police report, and any photos or video of the accident. Then, your attorney will try to negotiate a settlement of your personal injury claim.

Nevertheless, if no reasonable settlement offer is forthcoming in the pre-litigation negotiations, or if liability for the collision is in dispute, your lawyer will file your case in court and can take it to trial and tell the jurors why they should award your compensation.

What Damages Can Injury Victims Recover?

On the other hand, if you’re a motorcyclist who is injured by a car or truck driver’s negligence, even if you were lane-splitting, you can also be compensated for a percentage of your damages. The damages that injured victims of negligence are entitled to recover include compensation for:

1.  current and projected future medical care and treatment
2.  lost wages and projected future lost earnings
3.  personal suffering and pain
4.  additional accident-related damages and losses

When Should You Contact an Attorney?

You have two years from the date you were injured to take legal action with a personal injury claim after a motorcycle accident in Texas, with very few exceptions. It’s best to speak with an attorney immediately after you’ve been examined and treated by a medical provider.

Don’t wait two years. Over time, evidence can be lost, altered, or contaminated. Your Brazoria County motorcycle accident lawyer will need to scrutinize the evidence while it’s still fresh and speak with any witnesses to the accident before their memories fade.

What Will Justice Cost?

If you are injured by a negligent or careless motorcyclist, or if you’re a motorcyclist and you’re injured by a negligent or careless car or truck driver, it costs nothing to find out more about your rights. A Houston-area motorcycle accident lawyer can take your case on a contingent fee basis.

Your first legal consultation is free, and you’ll owe no lawyer’s fee until and unless your lawyer obtains your compensation with a jury verdict or a private settlement. But with so many attorneys in the greater Houston area, who will make your personal injury case a priority?

The Kahn Law Firm Will Fight for the Compensation and Justice You Need

Houston-area personal injury attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have substantial experience resolving the most complicated personal injury claims. For over twenty years, we have been recovering the compensation that our injured clients need.

We’re a husband and wife law firm, so we can make your case a priority and give it our complete personal attention. If you are injured in the Houston area in an accident that involves lane-splitting, contact the Kahn Law Firm as quickly as possible by calling 713-999-6549.

What is Trust Without Scrutiny?

“Kids will be kids” is a saying as old as time. But sometimes, kids go a bit too far. You, as a parent, are tasked with ensuring your child becomes a proud, productive member of society. Unfortunately, this means that if your child gets into trouble or they are showing signs of drug and alcohol abuse, you may have to resort to more drastic measures than a simple grounding.

In these circumstances, you may come across something known as a “behavioral therapy camp.” These camps are equipped with the tools necessary to help get children back on the right track—the track that creates upstanding members of society.

But just like anything else, these places sometimes hire bad people. People who may use their authority to abuse children. People who rely on the fact that these children may not be trusted should they try to inform others about the abuse.

These people are scum.

As a parent, you want to do right by your child. What should you do when someone who was supposed to care for your child instead abuses them?

How Can You Identify Abuse?

No one knows your kid better than you. While your child may have been acting out or showing symptoms of chemical abuse, which resulted in you being forced to seek outside help, their behavior may shift even more after returning from a behavioral camp.

Some of these shifts may be simple mood changes or rebellion from being forced to attend such camps that follow rigid schedules, rely on counselors and therapy, and may even include physical labor. However, as their parent, you may notice other behaviors that are out of character.

It can be hard to trust your child when they are acting out. It can be even harder if they are making allegations against the very camp that was supposed to help them.

Here are a few signs that the American Psychology Association suggests keeping an eye out for when you suspect abuse:

• Cuts, bruises, and burns.
• Broken bones and other internal injuries.
• Lack of interest in surroundings or hobbies.
• More knowledge about sex than is normal for their age.
• Pain, bruising, or bleeding on, in, or around the genitals.

Unfortunately, the signs are not always readily apparent. Even worse, your child may feel like they are unable to trust you, causing them to hide the truth or evidence of abuse from you.

Children who are abused may themselves become abusive towards others. They are more likely to use violence to solve their problems and can show issues with managing their emotions. Even worse, abuse can feed the very problems you sought to solve by sending them to a behavioral therapy camp, such as alcohol or drug abuse.

Abuse isn’t always physical or even emotional. Abuse can also come in the form of neglect, which can be even harder to identify. Perhaps they lost more weight than you assumed they would because of meals being withheld, or they were put into dangerous situations.

What Should You Do if You Suspect Abuse?

The first thing you should do if you suspect abuse is to talk to your child. Approach them from a place of love and understanding. Try to avoid accusations or confrontation, instead bringing the conversation back to your love and intention to help them.

You can track their symptoms. If they have unexplained injuries after returning from camp, take photos of them. If they are acting out worse than before they went to camp, journal their behavior. Keep notes of their behavior and any out-of-character behavior.

If you are certain your child was abused while they were at a behavioral therapy camp, you should immediately call law enforcement and make a report. Take your child to have a medical examination and keep the medical report. All of this information can help you build a solid case against the camp.

It is important to remember that your child may continue to act out while you follow these steps. Remind them that you are on their team. You are not trying to get them in trouble. You are trying to hold the people who hurt them accountable for their actions. Your child will need your support throughout this entire process.

Do You Need a Lawyer?

While gathering your evidence and filing police reports, you may be wondering if you should hire a lawyer. Remember, this camp that hurt your child will have a full legal team on their side trying to discredit you and your child. As soon as the allegations of abuse get back to them, they will be building a case meant to defend themselves and vilify you and your kid.

Working with a personal injury attorney can help you build a strong case should your claim go to trial. When you work with the compassionate team at The Kahn Law Firm, P.C., you work with a team of experienced attorneys who want your voice heard and the people who hurt your child brought to justice.

Call 713-999-6549 to schedule your no-obligation consultation with our team. Our team knows how to traverse the Texas legal system, and we fight for you and your family.

Don’t take on these criminals on your own. Fill out our online contact form to get your case started and ensure these people can’t continue hurting other vulnerable kids!

What Rules Prevent the Overloading of Trucks?

According to the rules set forth by the Federal Motor Carrier Safety Administration, a truck’s cargo should be loaded and secured with the following safety measures in mind:

• Securement systems used on commercial trucks should be able to withstand some acceleration and deceleration. The system in place should hold when subjected to 0.8 g deceleration moving forward and 0.5 g acceleration moving backward.
• If possible, all tie downs used for trailers with rub rails must be positioned inboard the rub rails. Tiedowns must also include edge protection when they are likely to sustain abrasions from contact with cargo. Two tie downs must be used if a piece of cargo measures five feet or less in length but weighs over 1,100 pounds. Two tie downs are also required when cargo is longer than five feet but less than ten feet.
• Cargo that may roll inside a trailer should be secured with chocks, wedges, and other equipment that prevents rolling. The items that are used in order to avoid rolling must not be loose while the truck is in motion.

Additionally, a truck with a single axle is limited to 20,000 pounds of cargo, and a truck with a tandem axle may only carry 34,000 pounds of cargo. The truck’s gross weight may not exceed 80,000 pounds.

What Makes an Overloaded Truck Dangerous?

Accidents related to an overloaded truck include but are not limited to:

• Difficulty maneuvering: A heavy cargo load may make it difficult for a driver to safely maneuver the vehicle around corners or turns.
• Tire blowouts: Excessive weight may result in burst tires that can cause wrecks.
• Braking difficulties: A heavy load may not give the driver enough time to avoid a collision.
• Mechanical failure: Overloaded trucks can place excessive stress on key parts of a truck that can cause failure.

What Types of Accidents Can Occur From an Overloaded Truck?

An overloaded truck can cause an accident in many ways, such as:

• Rollovers
• Losing cargo that collides with other motorists
• Road collapse
• Rear-end crashes and brake-failure accidents
• Tire blowout crashes

What are Signs of an Overloaded Truck?

When a commercial vehicle is carrying cargo in excess of its handling capabilities, there are signs, such as:

• Sagging
• Overflowing or spilling cargo
• Bulging tires
• Poor steering

Who is Responsible for an Accident Resulting From an Overloaded Truck?

Many parties may be responsible for accidents that occur because of an overloaded truck. Determining the responsible party or parties is an important and difficult part of these claims. Depending on the circumstances, the responsible parties may include:

• Truck driver: A driver may be held liable if he or she fails to ensure that their load complies with federal and state laws.
• Trucking companies: A trucking company can be held liable if it fails to adequately train a driver to secure and weigh a load effectively. Additionally, a company may be held liable under the doctrine of respondeat superior, which holds an employer liable for an employee’s wrongdoings within the scope of employment.
• Truck manufacturers: A defective product can be the cause of an accident.
• Truck loaders: The people who load a truck may work for a company other than the one that owns the truck or cargo. This may cause multiple pirates to be at fault for an accident.

How is Liability Determined?

As with any injury case, liability is determined through the legal theory of negligence. Negligence or recklessness is established by proving four specific elements that show a party is responsible for an accident and the resulting injuries. The four elements of negligence are:

• Duty of care: This element is established by proving that the responsible party owed the injured party a reasonable expectation of care.
• Breach of duty: The responsible party failed to uphold their duty of care by acting in a specific manner.
• Causation: This breach of duty is directly responsible for the accident and the injuries resulting from the accident.
• Damages: Damages represent the monetary amount of compensation sought for injuries resulting from the accident.

Negligence Per Se

If a truck driver has violated a state or federal law, the theory of negligence per se may apply. Negligence per se removes the need to establish the first two elements of negligence because the violation of the law is accepted as a breach of duty of care. This leaves the injured party responsible for only proving that the driver violated the law and that this violation caused the accident.

Modified Comparative Fault

The State of Texas uses a system of modified comparative fault that allows multiple parties, including the injured party, to hold blame for an accident. If a victim is found to be partially responsible for an accident, then the awarded damages are reduced based on the injured party’s percentage of fault. If an injured party is found to be more than 50% at fault for an accident, then he or she cannot recover any damages.

What Possible Claims May Be Filed for an Overloaded Truck Accident?

Several types of claims may be filed, depending on the specific circumstances of each accident. Possible claims include:

• Negligence claims
• Product liability claims
• Wrongful death claims
• Vicarious liability

Do I Need an Attorney?

If you have been injured by a commercial vehicle, you need aggressive and knowledgeable legal representation you can count on. Between a driver or company insurance and lawyers, you do not want to take this fight on alone. Call The Kahn Law Firm, P.C., today at 713-999-6549 or fill out a contact form for a free consultation.

How Can a Pedestrian Remain Safe on the Road?

According to the Texas Department of Transportation, there are certain steps a pedestrian can take to minimize the risk of an accident. To protect themselves and other motorists, a pedestrian should:

• Always use available sidewalks. When no sidewalk is available, walk on the left side of the road, facing the flow of traffic.
• Always use available crosswalks.
• Yield to oncoming vehicles.
• Do not assume that traffic will stop.
• Make eye contact with drivers before crossing to ensure you have been seen.
• Walk on the right side of a crosswalk so others may pass on the left.
• Look both ways before exiting a bus.
• Be aware of parked cars or other obstacles that may impede the view of traffic.
• When possible, exit a vehicle on the curbside of the street.

What Should be Done Immediately Following a Pedestrian Accident?

If you are injured as a pedestrian in Texas, there are certain steps you should take to ensure the best results for any possible claim you may wish to file. The best way to protect yourself is to:

• Seek medical attention. You may not immediately feel an injury that results from a collision. Some injuries may take hours or days to present themselves. A medical examination will address any sustained injury and serve as a formal report of the accident.
• Call 911. Regardless of injury, police officers should be called and notified of the accident. A police report serves as another vital record of the event.
• Exchange contact information. If able, gather the name, address, and phone number of the driver, as well as the names and phone numbers of any eyewitnesses to the accident.
• Gather evidence. If able, take pictures of the accident scene, including road conditions, street signs, vehicle damage, and personal injury.
• Consult with an attorney. Legal representation is a high priority following any type of accident. Call a personal injury lawyer at The Kahn Law Firm, P.C.

Do Texas Pedestrians Always Have the Right of Way?

In Texas, a pedestrian must obey all official traffic control devices unless an officer is present and is overruling the traffic control device. Additional laws include:

• A pedestrian cannot stand in a roadway for ride solicitation, contribution, employment, or business from a vehicle’s occupant.
• Vehicles are required to yield to pedestrians crossing at a designated crosswalk unless there is a controlling traffic signal.
• A pedestrian cannot suddenly leave a curb or other place of safety to enter a crosswalk in the path of a vehicle when the driver cannot yield.
• A pedestrian can only cross two adjacent intersections if they are within a marked crosswalk.
• A pedestrian cannot walk alongside or on a roadway if there is a provided sidewalk that is accessible to the pedestrian.

What are Common Causes of Pedestrian Accidents?

While there are many possible reasons for a traffic accident to occur, accidents involving pedestrians are usually the result of cellphone use, either by the driver or the pedestrian. Other causes of accidents include:

• Failure to grant the right of way to a pedestrian
• Driving while distracted
• Ignoring traffic signals and rules
• Driving while under the influence of drugs or alcohol
• Walking while under the influence of drugs or alcohol
• Drowsy driving
• Speeding
• Unsafe or illegal turns

What Injuries are Commonly Seen in Pedestrian Accidents?

When a pedestrian is struck by a vehicle, the sustained injuries are usually significant. Some of the most common injuries are:

• Brain injuries
• Broken bones
• Crush injuries
• Internal injuries
• Loss of limbs
• Scrapes, lacerations, and road rash
• Spinal cord injuries or paralysis
• Wrongful death

How is Fault Determined in a Pedestrian Accident?

To establish that a driver was responsible for an accident, the pedestrian must show negligence. Negligence is a legal theory based on carelessness or recklessness and relies on the establishment of four distinct elements:

• Duty of care. The driver owed the pedestrian an expectation of reasonable safety.
• Breach of duty. The driver did not uphold this expectation of safety.
• Causation. The driver’s breach of duty is directly responsible for the resulting injuries.
• Damages. This is the monetary amount of compensation sought based on the sustained injuries.

Modified Comparative Fault

The State of Texas uses a system of modified comparative fault that allows multiple parties to share responsibility for an accident. This means that a pedestrian can be partially responsible for the accident and still receive compensation for injuries. However, the amount of compensation will be reduced based on the pedestrian’s percentage of fault.

For example, if a pedestrian is found to be 25% at fault for an accident and is awarded $100,000, then he or she would receive $75,000.

Furthermore, if a pedestrian is found to be 50% or more at fault for the accident, then they will not be able to collect any compensation.

When is a Pedestrian at Fault for an Accident?

There are certain situations when a pedestrian is entirely responsible for an accident, such as:

• Ignoring a “Do Not Walk” signal
• Walking on a bridge, highway, or byway where a pedestrian is not allowed
• Walking into traffic while intoxicated
• Darting into traffic
• Jaywalking or walking outside of a crosswalk

How Long Do I Have to File a Claim?

The statute of limitations for a personal injury case, in most cases, is two years from the date of the injury. Claims filed outside of this timeframe may be barred.

Do I Need an Attorney?

If you have been injured as a pedestrian, you need legal representation you can count on. Call The Kahn Law Firm, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.

New Texas Law on School Vaping: What Students and Parents Need to Know

Vaping has become a widespread concern in schools across the United States, prompting lawmakers to take action to curb its prevalence among teenagers. In Texas, a new law has been introduced to address this issue by enforcing mandatory punishments for students caught vaping on school premises or at a school-sponsored event. This law aims to deter students from vaping by implementing stricter consequences.

The Rise of Vaping Among Teenagers

Vaping is the act of inhaling vapor produced by an electronic cigarette or similar device. It has gained immense popularity among teenagers over the past decade. This trend is alarming due to the health risks associated with vaping, including nicotine addiction, lung damage, and other long-term health effects. The appealing flavors and discreet nature of vaping devices have made them particularly attractive to young people, leading to a significant increase in usage among middle and high school students.

The Centers for Disease Control and Prevention (CDC) reports that approximately 20% of high school students reported using e-cigarettes in 2020. The ease of access to vaping products, combined with targeted marketing towards younger audiences, has exacerbated this issue. In response, schools and lawmakers have been seeking effective strategies to combat the rising trend of vaping among students.

Introduction of the New Texas Law

To address the growing problem of vaping in schools, Texas has implemented a new law that mandates specific punishment for students caught using vaping devices on school property or at school activities. The law, which went into effect on September 1, 2023, is part of an initiative to protect the health and well-being of students.

Under this law, students found vaping on school premises or at an off-campus school activity will face mandatory disciplinary action. Previously, the penalties for vaping were left to the district’s discretion, but this legislation takes away individual district control and applies a uniform punishment. The law applies to all public schools in Texas, ensuring a consistent approach to handling vaping incidents across the state. Students should be aware of these stricter consequences and make healthier choices while on school premises.

Key Provisions of the Law

The Texas law outlines several key provisions aimed at curbing vaping in schools.

1. House Bill 114 implements a one-strike policy for students. Students caught vaping within 300 feet of school property or on school property will face mandatory transfer to the school district’s Disciplinary Alternative Education Program (DAEP).
2. The bill applies not only to school premises but also to any school-sponsored or school-related activity, whether on or off school property.
3. Students caught selling or under the influence of vape pens or e-cigarettes fall under the provisions of the new bill. 
4. In addition, schools may have students participate in a tobacco education or cessation program as part of the disciplinary program. These programs are not required under the law. They are designed to educate students about the dangers of vaping and provide them with the tools and support needed to quit.
5. If the school’s DAEP is full, the student can be placed in in-school suspension until space is available to transfer them to the program.

Implications for Students and Parents

The new Texas law has significant implications for students and parents, highlighting the importance of understanding the consequences of vaping and the steps that can be taken to prevent it.

For Students

The mandatory punishments outlined in the law serve as a deterrent for students who might consider vaping on school property. The threat of transfer to another school and participation in cessation programs is intended to discourage vaping and encourage students to make healthier choices.

For Parents

Parents play a crucial role in addressing vaping among teenagers. The importance of parental involvement in cessation efforts is recognized, and open communication between parents and children about the risks of vaping is encouraged. Parents are urged to educate themselves about vaping and its effects to better support their children in making informed decisions.

The Role of Schools in Implementing the Law

Schools play a vital role in enforcing the new law and creating a safe and healthy student environment. This involves implementing preventive measures, educating students about the risks of vaping, and fostering a supportive environment for those seeking to quit.

Schools may organize educational programs and workshops to raise awareness about the dangers of vaping. By providing students with accurate information and real-life testimonials, schools can help dispel myths and misconceptions about vaping.

Schools might establish support systems for students struggling with nicotine addiction. This can include counseling services, peer support groups, and resources that promote a healthy lifestyle.

Schools can collaborate with parents, community organizations, and healthcare professionals to create programs to prevent student vaping. This includes sharing resources, organizing community events, and promoting healthy alternatives to vaping.

The Broader Impact of the Law

The introduction of mandatory punishments for vaping in Texas schools reflects a growing recognition of the need to address the vaping epidemic among teenagers. By implementing stricter consequences and promoting education and awareness, the law aims to create a cultural shift away from vaping and towards healthier choices.

Reducing vaping among teenagers has significant public health benefits, including decreased rates of nicotine addiction and improved overall health outcomes. By addressing vaping early, the law seeks to prevent long-term health issues associated with nicotine use.

Facing School Vaping Penalties? Seek Legal Help.

Are you or your child facing disciplinary action for vaping in school under the new Texas law? Don’t navigate this challenging situation alone. The Kahn Law Firm, P.C. is here to support you. Don’t let a vaping incident derail your child’s education and future. Contact our team at 713-999-6549 for a free consultation.

Differences between Birth Injury Lawsuits and Other Medical Malpractice Cases

Medical malpractice claims encompass many issues, from misdiagnoses and surgical errors to prescription mistakes. Birth injury litigation is unique due to its complexity. Understanding how birth injury litigation differs from other types of medical malpractice claims can reveal the distinctions of these cases.

Nature of Birth Injury Claims

Birth injury litigation involves claims that arise from injuries sustained by a baby during labor and delivery. These injuries can result from factors including medical negligence, failure to monitor the baby’s condition, improper use of delivery tools, or inadequate response to complications. The focus of birth injuries is on the harm caused to the newborn, which can have lifelong consequences.

Other types of medical malpractice claims might involve errors that occur at any stage of treatment, from diagnosis to post-operative care. For example, a misdiagnosed condition, an error in surgical technique, or a medication mix-up falls under general medical malpractice but does not involve the unique aspect of childbirth.

Legal Standards and Burdens of Proof

Legal requirements for proving birth injury claims are often more stringent because the injury must be the direct result of medical negligence. In general, medical malpractice cases must prove that the healthcare provider deviated from the standard of care and that this deviation caused harm.

Proving negligence can be particularly challenging in birth injury cases. It must be established that the healthcare provider’s actions were not just below the standard of care but that the failures led to the baby’s injury. This often requires expert testimony from specialists in obstetrics and neonatology who can detail how the alleged negligence deviated from accepted practices and led to the injury.

Emotional and Psychological Impact

Birth injury cases often involve intense emotions. The injury affects the newborn and the parents, who face the challenge of raising a child with potentially severe and lifelong disabilities. The emotional toll can be substantial and is a critical consideration in birth injury litigation.

Other medical malpractice cases, while they can also be emotionally taxing, might not always involve the same level of personal and family impact as birth injury claims. For instance, a misdiagnosed condition in an adult may affect the patient’s quality of life. But, the case may not carry the same emotional weight as an injury sustained at birth that affects a child’s future.

Types of Injuries and Long-Term Consequences

The types of injuries in birth injury litigation can vary widely.

Cerebral Palsy

Cerebral palsy is a group of neurological disorders that affects movement and muscle tone. It is caused by damage to the brain before or during birth.

Brachial Plexus Injury

This injury includes damage to the network of nerves controlling the arm and hand, often caused by shoulder dystocia during delivery.

Fractures and Head Injuries

Broken bones or head trauma can occur during the delivery process. These injuries often require extensive medical treatment, therapy, and possibly long-term care. The long-term nature of these consequences means that birth injury litigation often involves seeking compensation for immediate medical expenses but also for future care needs, potential loss of earning capacity, and pain and suffering.

In comparison, other medical malpractice claims might involve injuries with varying degrees of long-term impact. They don’t typically involve the same level of ongoing care or developmental issues as those seen in birth injury cases.

Duration and Complexity of Litigation

Birth injury lawsuits can be more complex and lengthier than other types of medical malpractice cases. The complexity arises from the need to establish that the alleged negligence resulted in the injury. The litigation process can be prolonged due to the need to predict future care needs and the potential for ongoing negotiations over settlement amounts. This can make birth injury cases more resource-intensive and time-consuming compared to other medical malpractice claims, which might focus on more immediate damages and less complex causation issues.

Financial Considerations and Settlements

Settlements in birth injury cases often involve larger sums due to the anticipated long-term costs associated with the injury. Compensation may cover a wide range of expenses, including immediate and ongoing medical care that includes surgeries, therapies, and specialized treatments; special education services and accommodations; and costs related to in-home care or long-term care facilities.

Other medical malpractice cases also involve financial compensation but might require a different scale of long-term financial planning. For example, a claim involving a misdiagnosed condition may focus on current medical costs and lost wages without the same emphasis on future care and ongoing support.

Role of Expert Witnesses

Expert witnesses play a crucial role in both birth injury and general medical malpractice cases. However, birth injury litigation often requires testimony from specialists with expertise in obstetrics, neonatology, and pediatric care. These experts can help establish how the standard of care was breached during labor and delivery and how this breach led to the injury.

In other medical malpractice claims, expert testimony might come from a range of specialists depending on the nature of the case. The focus is generally on how the standard of care was not met in a specific context rather than in the unique setting of childbirth.

Are You or a Loved One a Victim of Medical Malpractice? The Kahn Law Firm, P.C. Is Here to Help.

If you’re facing a birth injury claim or another form of medical malpractice, seeking help from The Kahn Law Firm, P.C. can ensure that your case is handled with the knowledge and sensitivity it deserves. We specialize in all medical malpractice cases and are ready to work to get the compensation you deserve. Call us at 713-999-6549 for a free consultation.

Medical Documentation in Car Accident Claims

Car accidents can be distressing and life-altering events, often leaving victims with physical injuries, emotional scars, and financial burdens. In Texas, car accident claims can be complicated and aided by an understanding of the legal process, especially regarding medical documentation. This documentation is critical in establishing the extent of injuries, supporting insurance claims, and ensuring fair compensation. Medical documentation is vital in Texas car accident claims and can substantially impact the outcome of your case.

Establishing a Connection Between the Accident and Injuries

One of the most crucial aspects of a car accident claim is proving that the injuries sustained directly resulted from the accident. Medical documentation is tangible evidence linking your injuries to the accident, making it difficult for insurance companies to dispute your claim. This connection is essential for receiving compensation for medical expenses, lost wages, and pain and suffering.

Immediate Medical Attention

After a car accident, seeking immediate medical attention is paramount, even if you feel fine. Some injuries, like whiplash or concussions, may not manifest symptoms right away. A medical provider can identify these injuries and begin treatment promptly. Additionally, your initial medical evaluation records can establish a timeline that connects your injuries directly to the accident.

Detailed Medical Records

Detailed and accurate medical records are vital. These should include emergency room visits, doctor consultations, diagnostic tests (such as X-rays, MRIs, or CT scans), treatment plans, and follow-up appointments. Comprehensive records provide a clear picture of the injuries and the medical care required

Documenting the Severity and Impact of Injuries

The extent of your injuries and how they affect your daily life will significantly influence the compensation you receive. Medical documentation not only records the physical impact of the injuries but also demonstrates the emotional and psychological effects.

Treatment Plans and Recovery Process

Documenting the treatment plans prescribed by healthcare providers is crucial. This includes medications, surgeries, physical therapy, and rehabilitation. Detailed notes on your recovery process, including improvements or setbacks, offer insight into the long-term effects of your injuries.

Pain and Suffering

Medical documentation can also support claims for pain and suffering, which are non-economic damages. Physician notes, mental health evaluations, and personal journals documenting your physical and emotional challenges can help substantiate your claims.

Supporting Insurance Claims

Insurance companies often scrutinize car accident claims to minimize payouts. Medical documentation is a robust defense against attempts to downplay the severity of your injuries or question their legitimacy.

Consistency in Records

Consistency in your medical records is crucial. Any discrepancies or gaps in treatment can raise red flags with insurance adjusters. Ensure that all healthcare providers have accurate and up-to-date information about your injuries and treatment.

Expert Testimonies

In some cases, medical experts may be required to provide testimony or reports that explain the nature of your injuries and the expected impact on your life. These expert opinions can be pivotal in strengthening your case and persuading insurance companies to offer fair settlements.

Facilitating Legal Proceedings

Medical documentation becomes even more critical if your car accident claim escalates to a lawsuit. Courts rely heavily on documented evidence to assess the validity of claims and determine compensation.

Medical Reports as Evidence

Medical reports serve as concrete evidence in court proceedings. They provide an objective account of your injuries and treatment, which can counter opposing arguments and support your case.

Depositions and Testimonies

Medical professionals involved in your treatment may be called upon to provide depositions or testimonies. Their expert insights can help clarify the nature and extent of your injuries to the court.

Ensuring Fair Compensation

Pursuing a car accident claim aims to receive compensation for your losses. Comprehensive medical documentation is instrumental in achieving this goal.

Calculating Damages

Accurate medical records help calculate the economic damages you’ve incurred, including medical bills, rehabilitation costs, and lost wages. They also help determine non-economic damages like pain and suffering.

Negotiating Settlements

Having well-documented medical evidence strengthens your position when negotiating with insurance companies or other parties. It allows your attorney to present a compelling case for the compensation you deserve.

Tips for Maintaining Accurate Medical Documentation

To maximize the impact of your medical documentation in a car accident claim, consider the following tips:

1. Seek Prompt Medical Attention: Visit a healthcare professional immediately after the accident, even if your injuries seem minor.
2. Be Honest and Thorough: Provide complete and accurate information about your symptoms and medical history to healthcare providers.
3. Follow Medical Advice: Adhere to prescribed treatment plans and attend all follow-up appointments to demonstrate a consistent record of care.
4. Keep Personal Records: Maintain a personal journal detailing your symptoms, pain levels, and how your injuries affect your daily life.
5. Request Copies of Medical Records: Regularly obtain copies of your medical records and review them for accuracy.
6. Communicate with Your Attorney: Share all medical documentation with your attorney to ensure they have a comprehensive understanding of your case.

Receive Personal Attention for Your Car Accident Claim and Get the Compensation You Deserve!

If you’ve been injured in a car accident, navigating the legal and insurance complexities can be overwhelming. Don’t face it alone. As a small firm, The Kahn Law Firm, P.C. takes pride in providing personal attention to each client. You’re not just a number to us—we take the time to understand your unique situation and tailor our approach to meet your needs. Let us advocate for you by negotiating with insurance companies to ensure you receive the compensation you deserve. Call 713-999-6549 for a free consultation. We’ll take care of the legal challenges so you can focus on healing.

How Does Texas Law Deal With Multi-Vehicle Traffic Accidents?

Traffic crashes happen every day in the Houston area, but when three or more vehicles are involved, questions about liability and damages quickly get complicated. If you’re injured in a multi-vehicle crash, promptly contact a Brazoria County personal injury lawyer.

Multi-vehicle collisions are usually calamitous for all who are involved. These accidents often cause catastrophic injuries and/or permanent disabilities and lead to complex injury claims, costly property damages, and in the worst cases, wrongful deaths and wrongful death lawsuits.

How does Texas law deal with multi-vehicle traffic accidents? Will the injured victims qualify to recover compensation? If you’re one of those victims, how will a Brazoria County car accident attorney handle your personal injury claim after a multi-vehicle accident?

What Constitutes a Multi-Vehicle Accident?

Multi-vehicle accidents are traffic accidents that involve at least three vehicles, at least three drivers, and usually three or more automobile insurance companies. If passengers were in the vehicles, or if a commercial vehicle was involved, there will be additional legal complications.

Often, these accidents are chain-reaction collisions – a series of rear-end crashes in poor weather conditions. Of course, each multi-vehicle accident is unique, so the details of each accident must be thoroughly investigated to determine what happened and which party or parties have liability.

How is Liability Determined for a Multi-Vehicle Accident?

An accident reconstruction expert may use math, physics, and computers to reconstruct a moment-by-moment description of what happened in the seconds before a multiple-vehicle accident – a description that, in most cases, indicates which driver should be assigned liability.

After a multiple-vehicle collision, the following questions are a few that should be explored:

1. Were any of the motorists unlicensed or driving while intoxicated?
2. Did bad weather or poor road conditions have any role in causing the collision?
3. Was the cause of the collision a defective vehicle or defective vehicle part?

What Should You Do After a Multi-Vehicle Accident?

If you’re injured as the result of a multi-vehicle accident in Texas, there will not be a Brazoria County car accident attorney on the scene to advise you, but taking the following steps will put you in the best position to succeed with a personal injury claim:

1. Call for medical assistance immediately if anyone has been injured.
2. Call the local police so that the accident will be properly investigated.
3. When the police arrive, ask the officers how to obtain a copy of their accident report.
4. Swap auto insurance and personal contact details with the other drivers.
5. Take plenty of photos, and ask for the names and contact details of any eyewitnesses.
6. Undergo a medical exam – even if you feel fine – as quickly as possible.

A Brazoria County personal injury lawyer can offer you legal advice – later – but in the first moments after a multi-vehicle collision, you must concentrate on gathering the evidence you’ll need if you subsequently bring a personal injury claim.

How Are Multi-Vehicle Accident Injury Claims Resolved?

Texas is an “at fault” state for car insurance. The driver who is responsible for a crash is liable for the damages. If you’re injured in a multi-vehicle accident, your attorney will negotiate with the liable driver’s insurance company for the settlement that you’re entitled to by law.

Personal injury claims arising from car accidents in Texas are typically resolved when the attorneys for the defendant and the plaintiff negotiate a settlement outside of the courtroom, but multi-vehicle accident cases may take more time and effort to resolve.

For instance, more compensation may be available if a large commercial truck was involved, and a trucking, leasing, or freight company may be assigned liability. If liability is disputed, or if you’re not offered a reasonable settlement amount, your lawyer will take your case to court.

When Should You Seek to Retain an Attorney?

If you are injured in a multi-vehicle crash in or near Houston, you must be advised and represented by a Houston-area auto accident attorney who represents clients in the most complicated personal injury cases.

As soon as you’ve been examined and treated by a medical provider, schedule a consultation to speak with an accident attorney. That attorney will discuss your rights and options and suggest the best way to move forward, which may include pursuing a personal injury claim.

Your first consultation with a Texas injury lawyer is offered without obligation or cost. If you proceed with legal action, you will pay no lawyer’s fee until and unless your lawyer recovers the compensation you need with a trial verdict or an out-of-court settlement.

Is There a Statute of Limitations for Filing Injury Claims?

The statute of limitations for filing a personal injury claim in Texas is two years. While there are several narrow exceptions to the deadline, if you do not take legal action within two years of the date of a multi-vehicle accident, your claim probably will not be heard by a Texas court.

But don’t wait two years to contact an attorney. In fact, don’t even wait two weeks. Evidence disappears or deteriorates over time. Witnesses forget details. Your attorney needs to meet with the witnesses before their memories fade and examine the evidence while it’s still fresh.

When a negligent driver injures you in Texas, you are entitled to compensation for your lost wages and your projected future lost wages, your current and projected future medical bills, your personal suffering and pain, and your related damages and losses.

Let the Kahn Law Firm Fight on Your Behalf

The Kahn Law Firm routinely fights on behalf of traffic crash victims who’ve been injured by negligent motorists in the greater Houston area. We are a husband and wife law team with twenty years of legal experience.

If you’ve been injured in a multi-vehicle traffic accident because another motorist was negligent, call us to arrange a free consultation. If the Kahn Law Firm represents you, you’ll owe no lawyer’s fee in advance and no lawyer’s fee unless and until we obtain your compensation.

We will handle your case with urgency and care, we will return your phone calls promptly, and we will work tirelessly and effectively to bring your case to its best possible conclusion. To learn more or to begin the legal process now, contact the Kahn Law Firm by calling 713-999-6549
.

What Are My Legal Rights as a Rideshare Passenger?

As a rideshare passenger in Texas, you have the right to a safe and secure journey. If you experience an accident while using a rideshare service like Uber or Lyft, you can seek compensation for any injuries or damages.

Texas law stipulates that rideshare companies must carry a $1 million liability insurance policy. This policy is designed to cover damages in the event of an accident. However, this policy only kicks in under certain conditions. For instance, if the rideshare driver is not logged into the app or does not have a passenger, the company’s insurance may not cover the accident.

Consider a scenario where a rideshare passenger, Sarah, was traveling through Dallas when her driver, distracted by an incoming message, ran a red light and collided with another vehicle. Despite wearing her seatbelt, Sarah sustained significant injuries. Under Texas law, Sarah can claim compensation not only for her medical costs but also for the psychological impact and the disruption to her career, as the driver’s negligence directly led to the accident.

What Should I Do if I Am Injured in a Rideshare Accident?

If you get hurt in a rideshare accident, your top priority should be to get medical help. Even if your injuries seem minor, it’s crucial to get checked out by a healthcare professional. Some injuries may not be immediately apparent and could worsen over time if left untreated.

Next, report the accident to the rideshare company through their app. This is an important step in establishing a record of the incident. Also, gather as much information as you can about the accident. This includes the driver’s name, vehicle information, and any witness statements. If possible, take photos of the accident scene and your injuries.

Lastly, reach out to a seasoned lawyer who focuses on rideshare accident cases. They can assist you through the intricate procedure of pursuing compensation and safeguard your rights.

Imagine Bob, a passenger in a rideshare, who suffers whiplash and a broken wrist in an accident caused by his driver’s fatigue. Bob immediately contacts a personal injury attorney, who advises him to keep a detailed journal of his medical treatments and the impact on his daily life. This documentation helps establish a comprehensive claim, encompassing both the immediate medical costs and ongoing physiotherapy, ensuring Bpb receives adequate compensation to cover all his rehabilitation needs.

How Can I Prove Fault in a Rideshare Accident?

Proving fault can be complex in a rideshare accident. In Texas, the law operates under a “modified comparative fault” system. Your compensation could be decreased if it is determined that you are partly responsible for the accident.

Evidence is essential in determining fault. This may involve police reports, witness testimonies, photographs of the accident site, and any accessible video recordings. A skilled attorney can assist in collecting and examining this evidence to construct a robust case for you.

As mentioned earlier, Texas operates under a “modified comparative fault” system. If it is determined that you are partly responsible for the accident, your compensation could be decreased by the proportion of your fault. For example, if you are deemed to be 20% at fault, your compensation would be reduced by that same percentage.

Even if you bear some responsibility, you can still pursue compensation. A knowledgeable lawyer can explain how this system operates and its potential effects on your claim.

What Compensation Can I Expect?

The compensation you can expect after a rideshare accident depends on several factors, including the extent of your medical bills, the severity of your injuries, and whether you’ve lost income due to the accident.

In Texas, you may be entitled to compensation for:

• Medical expenses: This covers both present and anticipated medical costs associated with your injuries.
• Lost wages: Compensation may be available for income lost if your injuries prevent you from working.
• Pain and suffering: This encompasses the physical and emotional anguish resulting from the accident.
• Property damage: You may receive compensation if your personal items were damaged in the accident.

How Can an Attorney Help Me After a Rideshare Accident?

Dealing with the consequences of a rideshare accident can be daunting.
An experienced attorney can provide invaluable assistance during this challenging time. They can assist you in understanding your rights, collecting evidence, negotiating with insurance firms, and representing you in court if needed.

An attorney can also help you navigate the complexities of rideshare insurance policies. These policies can be confusing, and insurance companies often try to minimize payouts.

Time is of the essence after a rideshare accident. In Texas, personal injury claims are subject to a two-year statute of limitations. This indicates that you have two years from the accident date to initiate a lawsuit. An attorney can assist in making sure you adhere to all necessary deadlines.

If you have been involved in a rideshare accident, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.