Kahn Law Firm, P.C.

How Does Texas Determine Fault in Multi-Truck Collisions?

In Texas, determining fault in multi-truck collisions is a complex process. It involves a thorough investigation of the accident scene, examination of the vehicles involved, and analysis of any available video footage or witness statements. The state follows a “proportional comparative fault” system, which means that each party involved in the accident can be assigned a percentage of fault.

How Does Texas Law Define ‘Proportional Comparative Fault’?

The “proportional comparative fault” system is particularly important in multi-truck collisions, where multiple factors like speed, adherence to traffic signals, and compliance with safety regulations play into determining fault. For instance, if a truck driver was speeding and another was improperly loaded, both might be found liable, with damages apportioned according to their percentage of fault.

The analysis often extends to reviewing dashcam footage, GPS data, and electronic logging devices, which provide crucial information on driver behavior and vehicle movement before the collision. Witness statements form an essential part of the evidence, offering perspectives that may not be captured by cameras or sensors.

Legal skill is vital in these cases as attorneys for the involved parties might negotiate based on the evidence gathered to determine the proportion of fault. In scenarios where fault is contested, these cases can escalate to court, where a judge or jury will evaluate the evidence to assign fault percentages.

What Role Does Negligence Play in Multi-Truck Collisions?

To prove negligence in a multi-truck collision, it is necessary to establish four key elements:

1. Duty: In the context of truck driving, the “duty of care” is typically straightforward to establish, as drivers have a legal obligation to operate their vehicles safely to avoid harming others on the road.
2. Breach: Once duty is established, the plaintiff must demonstrate that the defendant breached this duty. This could involve showing that the driver violated traffic laws, such as by speeding, failing to signal, or operating the vehicle while fatigued or under the influence. It might also involve proving a failure to maintain the truck properly, such as neglecting necessary repairs or ignoring required inspections.
3. Causation: The plaintiff must then prove causation, showing that the accident and the plaintiff’s injuries were directly caused by the defendant’s breach of duty. This often involves complex reconstructions of the accident to demonstrate how the actions or inactions of the driver were directly responsible for the collision. The involvement of multiple trucks can complicate this step, as it may be challenging to pinpoint which actions led to the accident.
4. Damages: Finally, the plaintiff must prove that they suffered actual damages due to the accident. This can include physical injuries, property damage, lost wages, and other economic losses. Non-economic damages, such as pain and suffering, may also be considered.

What Are the Steps Involved in a Multi-Truck Collision Investigation?

Investigating a multi-truck collision is a meticulous and structured process, requiring attention to detail and skill in various fields. Initially, law enforcement and accident reconstruction specialists arrive at the scene to secure and document it. This includes a thorough examination of the vehicle positions, skid marks, debris, and any environmental factors that could have contributed to the incident.

Photographs and measurements are taken extensively to create a detailed map of the scene. These visual and physical records are crucial for reconstructing the event during later analyses. Investigators collect any relevant items from the scene, such as parts of the truck that may have failed or objects that might have obstructed the drivers’ views.

Following the onsite investigation, the next step involves interviewing witnesses and involved drivers to gather firsthand accounts of the accident. These testimonies can provide insights into the behavior of the drivers before the collision and other circumstantial details not evident from the physical evidence alone.

Investigators may utilize advanced technology such as drone footage or 3D scanning to capture the accident scene from different angles, providing a comprehensive view that helps in understanding the dynamics of the collision.

The vehicles involved are inspected for mechanical issues that could have played a role in the accident, such as brake failure or tire blowouts. Data from electronic logging devices (ELDs), which record vehicle speed and driver hours, are also examined to check for compliance with regulations and to see if fatigue could have been a factor.

Each piece of gathered information contributes to an understanding of the collision, aiding in determining liability and understanding what preventive measures could be taken to avoid future accidents. This detailed investigation not only helps in legal assessments and insurance claims but also plays a critical role in improving road safety standards and trucking regulations.

What Are the Common Causes of Multi-Truck Collisions?

Multi-truck collisions can occur due to a variety of reasons. Some of the most common causes include driver fatigue, distracted driving, speeding, improper loading, and mechanical failures.

What Happens if a Mechanical Failure Caused the Multi-Truck Collision?

If a mechanical failure caused the multi-truck collision, the trucking company or the manufacturer of the faulty part may be held liable. Trucking companies are required to regularly inspect and maintain their vehicles to ensure they are safe to operate. If they fail to do this and a mechanical failure causes an accident, they can be held responsible.

How Can an Attorney Help Me After a Multi-Truck Collision?

An experienced attorney can provide invaluable assistance after a multi-truck collision. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

What Role Do Insurance Companies Play in Multi-Truck Collisions?

Insurance companies play a significant role in multi-truck collisions. After an accident, you will likely need to deal with one or more insurance companies to recover damages for your injuries and property damage.

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

What Should I Know About Product Liability Claims?

Product liability claims involve a complex area of law that seeks to hold manufacturers, distributors, suppliers, retailers, or other entities responsible for any injuries caused by their products. In Texas, as in other states, these claims are typically based on three theories: negligence, strict liability, and breach of warranty.

Negligence in Product Liability

Negligence refers to a situation where a company fails to the “reasonable care” standard in the design, manufacture, or inspection of a product, leading to a consumer’s injury. For instance, if a company fails to properly test a toaster and it causes a house fire, they could be held liable for negligence.

Strict Liability in Product Liability

Strict liability, on the other hand, does not require proof of negligence. Instead, it focuses on the product itself. If the product is inherently dangerous or defective and results in injury, the manufacturer may be held responsible, even if there was no negligence on their part. For example, if a child’s toy breaks easily into small, swallowable pieces, the manufacturer could be held strictly liable if a child chokes on a piece.

Breach of Warranty in Product Liability

Breach of warranty involves a situation where a product fails to perform as advertised or promised, leading to injury. This can be either an express warranty (a specific promise made by the seller about the product) or an implied warranty (an unspoken, unwritten guarantee that the product will work as expected).

What Steps Should I Take if a Defective Product Injures Me?

If you’ve been injured by a defective product, take immediate steps to protect your rights and potential claim. First, seek medical attention for your injuries. Not only is this important for your health, but medical records also provide crucial evidence in a product liability claim.

Preserving the Product and Evidence

Next, safeguard the product and any packaging, instructions, or receipts. These can serve as evidence of your purchase and the product’s condition. If possible, take photographs of the product and your injuries.

Documenting the Incident

Document everything related to your injury, including when and where the incident occurred, how the product was used, and any witnesses. This information can be very valuable when building your case.

Consulting with an Attorney

Finally, consult with an experienced attorney. Product liability claims can be complex, and an attorney can guide you through the process, ensuring you understand your rights and options.

What Are the Types of Defects That Can Lead to a Product Liability Claim?

In Texas, there are three main types of defects that can lead to a product liability claim: design defects, manufacturing defects, and marketing defects.

Design Defects

Design defects are inherent flaws in a product’s design that make it unsafe. For example, a car model that has a tendency to roll over during sharp turns would be considered to have a design defect.

Manufacturing Defects

Manufacturing defects occur during the production process. These defects are not part of the product’s design but are mistakes or errors that occur during assembly or production. For instance, a bicycle with a faulty brake system due to improper assembly would be an example of a manufacturing defect.

Marketing Defects

Marketing defects, which can also be known as “failure to warn,” involve inadequate instructions or warnings about a product’s use. If a power tool is sold without proper safety instructions, leading to an injury, this could be considered a marketing defect.

What Are the Time Limits for Filing a Product Liability Claim in Texas?

In Texas, you have a two-year window to file a product liability claim, starting from the date of the injury. However, there are exceptions to this rule. If the injury wasn’t immediately apparent, the time limit may begin from the date the injury was discovered or reasonably should have been discovered.

Statute of Repose in Texas

There’s also a statute of repose, which sets an absolute deadline for product liability claims, regardless of when the injury was discovered. In Texas, this deadline is 15 years from the date the product was sold. This means that if a product has been in use for more than 15 years, you may not be able to file a product liability claim, even if you were recently injured.

What Compensation Can I Anticipate from a Product Liability Claim?

The compensation you might receive from a product liability claim in Texas hinges on the details of your case, such as the severity of your injuries and the degree of the manufacturer’s negligence or liability. Potential damages you could recover include:

Medical Expenses

This encompasses both past and future medical costs associated with your injury, including hospital bills, medication, physical therapy, and any required surgeries.

Lost Wages

If your injury has led to missed work or impacted your earning capacity, you may be eligible for compensation for these financial losses.

Pain and Suffering

This covers the physical pain and emotional distress resulting from your injury, as well as compensation for any permanent disability or disfigurement.

Property Damage

If the defective product caused damage to your property, such as a house fire caused by a faulty appliance, you could be compensated for the repair or replacement costs.

How Can an Attorney Help with My Product Liability Claim?

A seasoned attorney can be an invaluable partner in a product liability case. They assist in navigating the intricacies of Texas law, collecting evidence, and constructing a robust case. They can also negotiate with insurance companies and manufacturers for you, striving to obtain the compensation you are entitled to.

Additionally, your attorney can help identify the responsible parties, whether it’s the manufacturer, distributor, or retailer, and establish the theory of liability, whether it’s negligence, strict liability, or breach of warranty.

Your lawyer will manage all interactions with the other parties, making sure you avoid saying or doing anything that might jeopardize your case. If necessary, they can take your case to court, advocating for you every step of the way.

If you’ve been injured by a defective product, call The Kahn Law Firm, P.C. today at 713-999-6549 for a free consultation.

What Laws Protect Bicyclists?

For the most part, bicycles in the State of Texas are considered vehicles and are subject to most of the same traffic laws. Important information regarding the rules for bicyclists can be found in the Texas Transportation Code, and includes:

• Bicyclists are required to ride on the right side of the road as close to the curb as possible, except when they are passing a vehicle or turning left
• Bicyclists can not ride on the sidewalk
• Bicyclists are required to use arm signals when turning
• Bicyclists are required to have a white light on the front of their bicycle and a red reflector or light on the rear of their bicycle when riding at night
• Passengers are limited to the amount that the bicycle was designed to carry
• Cargo is limited to objects that allow the operator to keep one hand on the handlebars at all times

What Should You Do After a Bicycle Accident?

Following a bicycle accident, the most important step is also the hardest: remaining calm. The following information will help ensure safety and are important steps necessary for a successful bicycle accident claim:

• Call 911: Call the police and request medical attention as needed. 
• Remain at the scene of the accident: Wait for the police to arrive so that they can include all necessary information in a police report that will help any resulting claim.
• Take pictures: Take pictures of the scene, including the position and condition of the bicycle, the other vehicle, any road signs, etc.
• Document contact information: Get the contact information of the driver involved in the accident, including name, address, phone number, license plate number, and insurance information. Get the contact information of any eyewitnesses including name, address, and phone number.
• Seek medical attention: Medical clearance is needed following a bicycle accident to ensure that a serious injury is not present that is not immediately apparent, such as internal bleeding or a concussion.

How is Liability Determined After a Bicycle Accident?

Liability is determined based on the legal theory of negligence. To establish negligence, the injured party is responsible for proving the following elements:

• Duty of care: The injured party was owed a reasonable expectation of safety from the other driver. This is easily proven, as all drivers possess the inherent responsibility to maintain safety.
• Breach of duty: The negligent driver failed to uphold their duty of care by acting recklessly. An example is the failure to use a turn signal.
• Causation: The sustained injuries were a direct result of the negligent driver’s breach of duty, and without that action, the accident would not have occurred.

Comparative Negligence

Texas recognizes the rule of comparative negligence, which states that if an injured person is partially responsible for the accident, then the collected damages are reduced by the percentage of fault of the injured party. For example, if a person is found to be 30% at fault for a bicycle accident and is awarded $100,000, then the recovered damages will be reduced by 30%, and they will receive $70,000.

If a bicyclist is found to be 50% or more at fault for an accident, then they are barred from recovering any damages.

What are Common Causes of Bicycle Accidents?

There are many potential causes of bicycle accidents, including potholes, defective bicycle parts, and poor weather. However, most bicycle accidents are the result of negligence from the bicyclist or another driver. Here are the most common examples of negligence resulting in a bicycle accident:

• Pulling out in front of a vehicle or bicycle
• Driving distracted
• Driving under the influence of drugs or alcohol
• Running a red light or stop sign
• Failing to yield at an intersection
• Passing on the right
• Riding in a vehicle’s blind spot or failing to check blind spots when changing lanes
• Failing to drive in a designated bike lane

According to the Texas Department of Transportation, the following road hazards are the four most commonly affecting bicyclists:

• Sewer or cattle grates: Be aware of the road surface
• Parked cars: When possible, keep a door’s width away from parked cars to avoid unexpected openings
• Surface conditions: Be mindful of ice, water, loose gravel, uneven pavement, rumble strips, and other possibly dangerous road surfaces
• Railroad tracks: Cross railroad tracks perpendicular or head-on with the rails

What Damages Can Be Recovered From a Bicycle Accident Claim?

Recoverable compensation varies widely depending on the specific circumstances surrounding each case. The severity and permanence of injury will greatly affect compensation amounts. Possible recoverable expenses include:

• Medical expenses to date
• Ongoing and future medical expenses, including surgery, rehabilitation, and prescription drugs
• Lost wages
• Diminished earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of consortium
• Wrongful death

What is the Statute of Limitations to File a Bicycle Accident Claim?

A statute of limitations is the legal timeframe given for filing a case. In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident, with few exceptions.

One exception to the timeframe is if the victim is a minor or mentally incapacitated. When this occurs, the statute of limitations is paused until the victim reaches legal age or becomes mentally competent. Another exception is in the event of tolling. Tolling extends the statute of limitations for individuals who were initially unaware of their injuries or the fault of the other driver when the accident first occurred.

Do I Need an Attorney?

An attorney is an invaluable asset in bicycle accident cases. They are able to talk and negotiate with insurance companies, compile evidence, and use the law to benefit you. Call Kahn Law, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.

The Basics of Wrongful Death Claims

Losing a loved one in a fatal accident is a devastating experience that no one should have to endure. When the accident is caused by the negligence or reckless actions of another party, the surviving family members may have grounds to file a wrongful death claim.

A wrongful death claim is a legal action that seeks to hold the responsible party accountable and obtain compensation for the financial and emotional damages suffered by the victim’s loved ones.

Understanding the key elements of a wrongful death claim is crucial for ensuring that you can effectively seek justice and obtain the compensation you deserve. In this comprehensive guide, we will explore the essential components of a wrongful death claim, the process of proving liability, and the steps you can take to secure the justice your loved one deserves.

Key Elements in a Wrongful Death Claim

To successfully pursue a wrongful death claim, there are several key elements that must be established:

• Duty of Care: The first step is to demonstrate that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a reasonable manner and take appropriate steps to prevent harm.
• Breach of Duty: Next, you must show that the defendant breached their duty of care through their negligent, reckless, or intentional actions (or inactions).
• Causation: You must be able to prove that the defendant’s breach of duty was the direct cause of the victim’s death. This can involve complex analysis of the chain of events and the role of the defendant’s actions.
• Damages: Finally, you must demonstrate the financial and emotional damages suffered by the victim’s surviving family members as a result of the wrongful death. This can include lost income, funeral expenses, and the loss of the victim’s companionship and guidance.

By understanding these key elements, you can better navigate the process of filing a wrongful death claim and ensure that your case is built on a solid foundation.

Proving Liability in a Wrongful Death Claim

Proving liability in a wrongful death claim is a crucial step in seeking justice for your loved one. This process typically involves a thorough investigation and the collection of evidence to establish the defendant’s negligence or wrongful conduct.

Gathering Evidence in a Fatal Accident Case

One of the most important aspects of proving liability is the collection and preservation of evidence. This can include:

• Police reports and accident reconstruction data
• Medical records and autopsy reports
• Witness statements and testimony
• Surveillance footage or other visual evidence
• Expert analysis of the accident scene and contributing factors

Carefully documenting and preserving this evidence is essential, as it will form the foundation of your legal case.

Establishing Negligence or Wrongful Conduct

Once the evidence has been gathered, you must then demonstrate how the defendant’s actions (or inactions) constituted negligence or wrongful conduct. This may involve:

• Demonstrating a Breach of Duty: Using the evidence, you must show how the defendant failed to uphold their duty of care and acted in a manner that was unreasonable or reckless.
• Proving Causation: You must establish a clear causal link between the defendant’s actions and the victim’s death, showing that their conduct was the direct or proximate cause of the fatal accident.
• Quantifying Damages: You must calculate the financial and emotional damages suffered by the victim’s loved ones, including lost income, funeral expenses, and the loss of companionship and guidance.

Presenting this evidence in a clear and compelling manner is crucial to proving the defendant’s liability and securing a favorable outcome in your wrongful death claim.

Seeking Justice for a Wrongful Death

The process of seeking justice for a wrongful death can be complex and emotionally challenging. However, by understanding your rights and the legal options available to you, you can take proactive steps to ensure that the responsible party is held accountable and that your family receives the compensation you deserve.

Compensation in a Wrongful Death Claim

Wrongful death claims can result in a variety of types of compensation, including:

• Economic Damages: These include lost wages, medical expenses, and funeral costs.
• Non-Economic Damages: These include compensation for the loss of companionship, emotional distress, and the victim’s pain and suffering.
• Punitive Damages: In some cases, the court may award punitive damages to punish the defendant for their egregious conduct and deter similar behavior in the future.

The specific types and amounts of compensation will depend on the unique circumstances of your case and the applicable laws in your state.

Hiring a Wrongful Death Attorney

Navigating the legal system and pursuing a wrongful death claim can be a daunting task, especially during a time of grief and emotional turmoil. That’s why it’s crucial to work with an experienced wrongful death attorney who can guide you through the process and ensure that your rights are protected.

A skilled wrongful death attorney can:

• Investigate the Accident: They will thoroughly investigate the accident, gather evidence, and work with experts to build a strong case.
• Negotiate with Insurance Companies: They will handle all communications and negotiations with insurance companies, ensuring that you receive the maximum compensation possible.
• Represent You in Court: If necessary, they will represent you in court and advocate for your rights, fighting to hold the responsible party accountable.

By working with a wrongful death attorney, you can focus on the emotional healing process while ensuring that your legal rights are protected and that justice is served.

Schedule Your Free Consultation

Losing a loved one in a fatal accident is a devastating experience, but you do not have to face the aftermath alone. By understanding the key elements of a wrongful death claim and the process of proving liability, you can take the necessary steps to seek justice and obtain the compensation your family deserves.

Working with an experienced wrongful death attorney is crucial in navigating the legal system, dealing with insurance companies, and building a strong case to hold the responsible party accountable. With their guidance and advocacy, you can focus on the emotional healing process while ensuring that your legal rights are protected and that your loved one’s memory is honored.

If you’re ready to speak to the legal team at the Kahn Law Firm, P.C, contact us today to schedule a free consultation.

What are Common Causes of Slip and Fall Accidents?

Slip and fall accidents can occur anywhere for a variety of reasons. They are typically the result of property owners who act in a careless manner that results in an accident. Examples of actions that contribute to slip and fall accidents include:

• Poor lighting
• Loose handrails, missing steps, and poorly maintained stairs
• Uneven surfaces
• Unmarked hazards and obstacles
• Poor maintenance
• Accumulation of snow and ice
• Water or other liquids left on the floor

What are Common Slip and Fall Injuries?

When a young, healthy individual falls, significant injury is usually avoided. However, when an older individual or person with other contributing health factors falls, the sustained injury can be extensive. Common injuries that occur with slip and fall cases include:

• Hip fractures
• Concussions and other traumatic brain injuries
• Back injuries
• Spinal cord injuries
• Neck injuries
• Broken bones or fractures

How is Liability Determined in a Slip and Fall Case?

According to the basics of premises liability laws, property owners have a legal obligation to guests, customers, and other visitors who come onto their property to maintain a reasonably safe environment. Most slip-and-fall cases rely on the following information:

• Did the property owner act carefully so that a slip or trip was unlikely to occur?
• Was the injured party acting carelessly by not seeing or avoiding the hazard responsible for the fall?

To hold a business or property owner responsible for injuries suffered following a slip and fall, one or more of the following situations must be true:

• The owner or employee must have caused or created the hazard.
• The owner or employee must have known of the hazard and failed to take reasonable steps to address the hazard or to limit the danger.
• The owner or employee should have known of the danger because any “reasonable” person who takes care of the property would have discovered and addressed the issue

Comparative Negligence

Texas recognizes the legal doctrine of comparative negligence that evaluates the injured party’s contribution to the accident. Under comparative negligence, the percentage of fault that is held by the injured party is the percentage that damages are reduced. For example, if a person is found to be 20% at fault for an accident and receives a judgment of $100,000, then they will receive $80,000. If a person is found to be 50% or more at fault, then they are barred from receiving any compensation. Examples of fault or shared fault that would be contributory negligence include:

• Accessing a part of the property where visitors are not allowed or expected to be
• Not paying attention when walking
• Wearing inappropriate footwear
• The condition was marked by cones or signage
• The dangerous conditions should have been obvious

How Does Visitor Status Affect Premises Liability Claims?

Property owners are only liable for accidents if they are aware of the danger and fail to take necessary and reasonable steps to address it. Texas state law requires property owners to take reasonable care to maintain the property for visitors. The level of care that is required depends on the visitor’s status on the property. There are three designations for visitor status:

• Invitee: An invitee is a person who has been permitted to enter the property. Property owners who know about a dangerous situation on the property and do nothing to repair it or warn others about it can be held responsible for any injuries that result from their negligence.
• Licensees: This group of visitors has the landowner’s express or implicit permission to be on the property. The landowner owes licensees a lesser obligation of responsibility to warn of harmful situations if the licensee is unlikely to discover them.
• Trespassers: Trespassers are individuals who are on an owner’s property without permission. Owners have no responsibility to trespassers other than not intentionally injuring them.

Attractive Nuisance

An attractive nuisance is any potentially dangerous condition or object on a person’s property that may attract and pose a danger to children. Examples of attractive nuisances include swimming pools, trampolines, or abandoned structures.

Property owners have a legal responsibility to take reasonable steps to prevent children from accessing these potential dangers in an effort to avoid accidents and injuries. Failing to secure these features could result in a liability claim if a child is harmed, even if the injury is a result of the child trespassing.

How is Negligence Proven in a Slip and Fall Case?

Evidence and other proof of negligence in a slip-and-fall case can be hard to obtain. To determine a property owner’s “reasonable” action in addressing slip hazards, the law focuses on regular efforts to maintain a safe and clean property. Negligence can be proven with the following evidence:

• Inspection records from the property
• Any safety violations issued to the property owner by local, city, or state officials
• Security camera footage of the accident
• Statements from eyewitnesses to the accident
• The shoes worn during the accident
• Medical records showing the received treatment following the accident

What Damages Can Be Recovered?

Recovered damages will vary depending on the specific circumstances of the case. Possible compensation includes:

• Medical expenses to date
• Future or ongoing medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering

Do I Need an Attorney?

If you or a loved one has been injured in a slip and fall accident, then you have legal options available to receive the compensation you deserve. Call Kahn Law Firm, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.

The Time is Now

If you or a loved one have suffered a brain injury, contact your personal injury attorney immediately. The sooner you start working with your trusted legal advocates to ensure you take the proper steps, the better your chances of obtaining the compensation you deserve.

Gathering evidence to support your case begins with the first and any follow-up medical records relating to the brain injury. Compensation in brain injury cases can vary widely based on the severity of the injury and what obstacles it causes in the victim’s life.

Types of Losses to Pursue Following a Brain Injury

Medical expenses can seem straightforward, but remember to include all of them, such as prescriptions, any therapy you completed, and more.

Lost income is another large category. Any time you missed work due to the injuries should be calculated. Whether it was while you were healing, completing the recommended treatment, resting at home as recommended by doctors, or other times that you missed out on wages as a direct result of the brain injury, it should be documented.

Future earning capacity should also be calculated if it is diminished in any way due to the injuries. For example, suppose you were once capable of a particular position, but due to the long-lasting effects of the brain injury, you are no longer capable of completing the tasks at the same level. In that case, you may now have diminished earning capacity and, therefore, should be compensated for it.

Similarly, if you have future anticipated medical needs, these costs should also be covered. If some future surgeries or therapies will be needed to continue healing, you can include the estimated costs of this and include it in the damages you pursue.

Severe brain injuries can also lead to pain and suffering by those who endure them. Cognitive or motor functions can be impaired, problem-solving abilities can be diminished, anxiety and depression may have presented or worsened as a result of the injuries, and more. Though not tangible losses you can quickly compute, your personal injury attorney can ensure that these losses are included in the overall damages you seek.

Factors That May Affect the Compensation Following a Brain Injury

Courts will review all angles to determine what compensation a victim may be entitled to. Both parties will be carefully analyzed to determine what is reasonable and acceptable.

For example, the other party’s financial position will be analyzed to determine what they are capable of paying. Whether or not they have adequate insurance, if they are financially stable, and more may be reviewed by the courts.

The courts may also review your lifestyle, age, career path, and more before the accident. This perspective can help paint a picture of how much the injury has impacted your life and how long it may continue.

For example, if you are young and have children, rather than approaching retirement, the amount of compensation may vary significantly as both scenarios would require different financial needs.

What Are Punitive Damages?

Punitive damages aren’t applicable to every case. Punitive damages are reserved for those cases that are incredibly negligent or intentional. For example, if a brain injury occurred as a result of a car accident where the other party was driving while intoxicated, this may result in punitive damages.

Punitive damages are meant to accomplish two things. Typically, they are to punish the offender for a particularly negligent or intentional act and serve as a deterrent for others to act in the same ways, leading to severe injuries.

The amount of punitive damages awarded can vary greatly but are much higher if it’s determined that malicious intent or wanton disregard for injuring the victim was evident.

How Can a Personal Injury Attorney Help Me or My Loved One With a Brain Injury Case?

Your experienced personal injury attorney can handle various aspects of your case while you or your loved one focuses on healing and following doctor recommendations.

Many cases regarding brain injuries are settled out of court, meaning you may not be required to go to trial. Your attorney can begin gathering the necessary evidence to provide all relevant parties with sufficient proof of the injuries sustained. Medical records, lost wages, and many other documents can help paint the picture of why you or your loved one deserve ample compensation.

As discussed above, your attorney can also closely analyze and calculate what future losses you may incur or what intangible losses you have endured thus far, whether emotional distress, loss of enjoyment of life, or more. These items can’t be calculated with tangible documents to support them, but your attorney can estimate a reasonable and fair number to pursue.

Handling negotiations with insurance companies or other parties is a skill that personal injury attorneys obtain through years of experience helping clients. By working with them, you can ensure that you have a strong and professional ally to go to bat for you and your loved ones and that you aren’t settling for less than you deserve.

Your Tireless Advocates

With an established pattern of helping our clients recover the damages they or their loved ones have endured, we are confident that we can help you, too.

We pride ourselves on defending our fellow Texans when they have endured unimaginable losses due to the negligence of others.

Contact our office at 713-999-6549 to set up your free initial consultation today and learn more about how we can best assist you.

Minor Crashes Can Still Result in Severe Injuries

You may have been there before, where you get into what feels like a minor fender bender and don’t suspect any significant injury issues. What may be a seemingly minor issue can still result in substantial or severe damages if not treated immediately.

Not only is it problematic to let injuries fester without treatment, but waiting to seek medical attention can lead to legal obstacles should you choose to pursue compensation following the accident.

How Our Bodies Respond to Car Accidents

Our bodies are prepared to ensure we can get through stressful or dangerous situations. There are a couple of things that happen following a traumatic event, such as a car accident. The first reaction our bodies typically experience is the creation of endorphins. Endorphins are meant to block the pain we may be feeling; therefore, until the endorphins are no longer released in our brains, we may not feel pain resulting from the accident.

Adrenaline may be familiar to most of us, but not in the way that you may experience it following a car accident. The adrenaline rush is typically our bodies’ first natural response to an accident. Regardless of the crash’s severity, a significant amount of force normally crosses through the body, which can result in many issues.

Adrenaline is a good mask for injuries you may have sustained, as when you are experiencing it, you feel almost hyper or more alert rather than dazed or sluggish due to the accident. This hyper and aware state, coupled with pain-blocking endorphins, may lead us to believe that we are fine and haven’t suffered any injuries, and this can be a severe mistake.

What Signs Should I Be Aware Of?

A headache is one of the most common symptoms we may experience following an accident. Some may brush this off as a minor issue, but it can indicate more severe injuries. Our body and head can be knocked against the vehicle’s frame or a window/windshield in many collisions. This collision can result in your brain shifting inside your skull or causing trauma to your neck or head. These injuries can often lead to Traumatic Brain Injuries, which can be highly problematic and can be permanent.

It’s crucial to seek medical attention if you are experiencing headaches, which can sometimes take hours or even days to appear.

Soft tissue injuries such as whiplash are also prevalent after a car accident. Whiplash occurs when the head is suddenly jerked back and forth, resulting in severe damage to the neck muscles and soft tissue. Tearing or stretching of the neck muscles can also occur, resulting in a lower range of motion and stiffness, and typically need to be medically addressed through physical therapy or other treatments.

Tingling or Numbness

Another symptom to be aware of is tingling or numbness. This symptom is commonly attached to injuries to the spine, traumatic brain injuries, or nerve damage. All of which can worsen significantly over time if left untreated and can result in permanent issues.

When immediately diagnosed or discovered, these injuries are much more responsive to treatment, and the treatment options are more plentiful. If one waits to seek medical attention, the injuries may have escalated and can result in far more severe medical ailments and limited resources to treat them.

What If I’m Experiencing Abdominal Pain?

Abdominal pain may be tricky to perceive, as some pass over it assuming that due to the traumatic event, they are just “shaken up” and, therefore, are experiencing abdominal issues.

You should pay attention to the pain’s severity and keep a record of it. If it persists, you should seek medical attention immediately, as it can mean internal bleeding, which can be life-threatening if it goes untreated.

Especially if the abdominal pain is coupled with feeling faint or dizzy, it’s crucial to seek medical attention immediately.

Back Pain

Another tough pain to perceive is back pain, in terms of whether it’s severe enough to seek medical attention. Many pass over the symptoms or pain as just a normal response of our bodies following an accident. What can occur are far more severe injuries, such as herniated discs or other soft tissue injuries that may require significant therapy or surgery to fix.

If you listen to your body and know something is wrong, it’s important to advocate for yourself and push for an MRI or an X-ray that may show issues in the spine. Remember that having a beeline after an accident is essential so you can document the problems and treat them immediately.

Knowing what to look for and being persistent with medical staff is something that all of us should be prepared to do following an accident. A complete exam must be given to rule out possible severe issues. Medical staff won’t get it right every single time. It’s essential to ensure that you are thoroughly checked and that if you suspect something is wrong, it’s because it usually is, and you may have to push to have them check out the issues.

What we all can hope for when facing a scary or unknown situation is a strong advocate. We are fierce and tireless advocates for our clients, allowing them to tend to the injuries they are facing. We provide sound legal advice, compassionate professional guidance, and a strong advocacy for our clients when facing various legal issues.

Contact our office today at 713-999-6549 to schedule your free initial consultation and learn more about why our clients feel like family when they work with us.

Technology Today

Most of us could never dream of the technological advancements we see today in all our lives. From advancements in technology in our cars, cameras, or video surveillance to medical aspects, technology is constantly evolving. With change comes advantages and some disadvantages.

Let’s discuss how advancements can affect personal injury cases and settlements.

Advanced Technology Can Mean More Effective Resolutions in the Medical World

As advancements in the medical world continue to surface, medical professionals worldwide now have more resources available to better diagnose and treat issues we face, such as personal injuries or illnesses.

From another angle, life expectancies can increase due to advanced medical treatments, meaning that if we are faced with a lifelong injury, we may need financial help for longer than we would have in the past to ensure we are taken care of for the rest of our lives.

These aspects are pertinent to personal injury cases, as they will help determine more accurately what the client should pursue in damages rather than settling for the most transparent losses.

How does this affect personal injury cases? Let’s dive deeper, read on to learn more.

Precision is Key, Not Just in the Medical Profession

Medical professionals are more prepared to accurately diagnose and effectively treat patients through medical advances, meaning that they may be able to reduce the costs incurred by getting the diagnosis correct in a shorter amount of time. New technology emerges all the time, helping with both diagnosis and treatment, allowing for what may have been life-changing injuries to become more manageable in the future.

Advancements also allow for personal injury attorneys to better calculate the losses incurred for those affected by personal injury. Though calculations were powerful before, they are now backed by more sufficient evidence and can be more accurately calculated, helping all personal injury victims across the world.

For example, personal injury cases don’t just account for the losses incurred to date, but they are proactive in accounting for future losses due to the injuries sustained. With better technology, medical analysis can more precisely predict the long-lasting effects of injuries, thus allowing your experienced attorneys to fight for future financial needs vigorously.

Advancements in Mental Health Concerns

Mental health issues or concerns are consistently being researched so we have a better understanding of how to manage them. Personal injuries can result in post-traumatic stress disorder, depression, anxiety, and more.

If any of these symptoms or issues are present, it can significantly affect one’s ability to work now and in the future. Medical advancements in this area can ensure that those who need it are sufficiently helped with ongoing care and treatment.

These treatment plans are vital to those who are suffering and, therefore, need to be accounted for in personal injury cases. Even if no significant physical injuries were endured, personal injury victims may incur substantial mental health or emotional issues from the incident that decrease or eradicate their capacity to work as they once did.

What Damages Can I Expect to Pursue in a Personal Injury Case in Texas?

If you or a loved one were injured in an incident, it’s no news to you that the medical expenses incurred can add up rapidly, causing financial distress. Meanwhile, you are likely unable to work or at a diminished capacity until you are fully healed, making your income less than it used to be. This scenario can quickly lead to financial issues you may be unprepared for.

Pursuing damages following a personal injury case is vital to moving forward, and as experienced personal injury attorneys, we fight tirelessly to ensure our clients never settle for less.

The two common categories pursued following a personal injury case are economic and non-economic damages.

 

Economic damages are typically those that are backed by tangible evidence. Medical costs are easily calculated using medical bills; property damages can be accounted for through the bills incurred to fix your vehicle or other property, and lost wages can easily be calculated.

What about the losses incurred that aren’t as tangible? Mental anguish, depression, anxiety, loss of enjoyment of life, and more aren’t going to have a dollar sign attached as a car repair bill would, but they are equally, if not more, important in affecting our lives.

With medical advancements, medical professionals can better understand the lasting effects that mental health issues have on our lives and, therefore, our ability to work. This knowledge translates well to ensuring that our clients are protected for years to come and not just reimbursed for expenses incurred thus far.

For example, suppose medical professionals discover more accurately what level of anxiety or PTSD you may have and what the required ongoing treatment for it is. In that case, it helps us determine your capacity to work and how the treatment will affect you in the distant future. Calculations can be made based on this and better supported through medical advancements, ensuring you aren’t left with unnecessary financial burdens.

Your Tireless Advocates. Your Necessary Ally.

Our team is family, and we treat our clients as if they are family, too. We pride ourselves on our Christian values, including integrity, honesty, and compassion. We work tirelessly with our clients with patience and fierce advocacy for what is right for them and their loved ones.

No one should settle for less than they deserve when faced with an injury due to someone else’s negligence. Call our office today at (713) 999-6549 to schedule your free initial consultation and learn more about how we can best assist you.

We look forward to your call.

Navigating a Claim for Injuries Suffered While Traveling Out of State

More Americans are traveling now than ever, whether for business, pleasure, or even medical care. When an injury happens on an out-of-state trip it can be complicated to sort out whether

you have a personal injury claim, what laws will apply, and how to pursue a potential claim once back in Texas. An experienced and skilled personal injury attorney at Kahn Law Firm can help to explain your options and pursue compensation if a claim is warranted.

What Law Applies if an Accident or Injury Occurs Outside of Texas?

While a Texas resident would be most likely to file a personal injury claim in Texas, even if the injury happened elsewhere, Texas law may not always apply. Determining what laws will apply in a given case is known as “Choice of Law,” for which Texas follows Section 146 of the Second Restatement of Tort. That section states, “In an action for a personal injury, the local law of the state where the injury occurred determines the rights and liabilities of the parties, unless, with respect to the particular issue, some other state has a more significant relationship under the principles stated in § 6 to the occurrence and the parties, in which event the local law
of the other state will be applied.” It is important to note here that “state” is used to include foreign countries, as well–not just states within the U.S. Determining choice of law is complex and may vary based on the kind of injury, the state or country involved, and other details particular to your situation. Consulting a personal injury attorney who has expansive knowledge of both personal injury and Texas law is your best move in understanding the complexities of cross-border personal injury claims. Call Kahn Law Firm today for a free initial consultation: 713-999-6549.

What Can I Do to Strengthen My Case?

Whether your injury occurs in Texas or elsewhere, the best thing you can do to strengthen your case, in addition to hiring an experienced personal injury lawyer, is to document everything you possibly can. Once your safety is ensured and you have sought any necessary medical attention, it is a good idea to begin gathering whatever evidence you can think of concerning the circumstances surrounding your injury. Maintaining written records, taking photos when applicable, and securing the contact information of possible witnesses can all be important to your potential case. Time is of the essence because evidence can often disappear, whether conditions change naturally or potential targets of the claim intentionally destroy or alter evidence. For example, if you are injured by falling on wet tile in a public place that should have had a warning but did not, taking a photo before the liquid is cleaned up or evaporates or a warning sign is placed can be important to establishing conditions at the time of the accident.

Please do not prioritize evidence gathering over your own health and well-being, however. Seek medical attention immediately, most importantly to get the care you need and ensure your safety, and also to get documentation of your injuries from medical professionals.

What Kinds of Cross-Border Personal Injury Claims Typically Occur?

Common personal injuries that can happen anywhere involve accidents like slips and falls; dog bites; car, truck, motorcycle, rideshare, or pedestrian accidents; defective product injuries; or exposure to toxic substances, to name just a few. In addition, cross-border medical malpractice cases are on the rise, as many U.S. residents seek lower-cost or specialized medical and dental care in other states or countries.

Sometimes, we let our guard down while traveling or engage in riskier behaviors than we would at home. Travel is often synonymous with adventure, and this can lead to an increase in injuries with more complex legal issues attached than those of injuries suffered in your home state or country. Most travelers don’t travel to play it safe–we want to experience sailboarding or visit an amusement park, for example, and that is great! But if an injury occurs that was the result of negligence, you may have grounds for a personal injury claim, even if you were in another state or country. Our skilled personal injury attorneys can help you through every step of the process.

How Can Kahn Law Firm Help in My Cross-Border Injury Case?

Texas residents are traveling out of state at high rates. Just in the holiday period from December 23 to January 2, 2023 AAA estimated that 8.9 million Texans would travel 50 or more miles away from home, many of them to other states or countries. As a border state, Texas sees many residents traveling to Mexico for medical or dental procedures. Sadly, the outcome is sometimes not what the traveler was hoping for. Whether a disappointing outcome is the result of malpractice and subject to a personal injury claim is certainly a question we are happy to assist you in answering.

Call our office today at (713) 999-6549 to schedule your free initial consultation and learn more about how we can best assist you with your potential cross-border injury claim.

We look forward to your call.