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It can be difficult to always be vigilant when it comes to avoiding accidents at the workplace. People are often trained in the ways of safety on the job, knowing which circumstances to avoid and which habits not to get too comfortable with. Regardless of how careful you are or how much you try to prevent it, an accident is going to happen, and it most likely isn’t going to be losing a finger to a piece of machinery. According to the Occupational Safety and Health Administration (OSHA), the most common accidents at the workplace are slips and falls. Slips and falls are also among the leading causes of fatal accidents on the job.

Here, we will go over the types of work accidents, along with their most common causes, and what you should do if you are injured on the job site.

Slip and Falls

Slips and falls are one of the leading causes of work accidents. “Slip and fall” is a blanket term that also includes trip hazards, slips, and falls that are the fault of the property owner, which is most often the company you work for. Slip and fall injuries can result from spills, changes in floor height, unmanaged cords, such as extension cords or other cabling, and worn rugs or carpeting. It is the property owner’s responsibility to maintain a safe work environment.

Proving Liability for Slips, Trips, and Falls

If you intend to pursue a claim for an injury caused by a slip and fall accident, you will have to prove that the negligence of the property owner created a dangerous condition that ultimately led to your accident.

It must be proven that the property owner either created the unsafe condition, knew the hazardous condition existed but failed to fix it, or the dangerous condition existed long enough that the property owner should have been aware of and corrected the issue before it resulted in an accident.

Vehicle Related Accidents

Motor vehicle crashes are the leading cause of work-related deaths in the U.S. Accidents can occur while operating a vehicle “on the clock.” Occupations such as long-haul drivers, construction, and even forklift operators make up the majority of vehicle accidents at the workplace.

Injuries are not reserved for those inside the vehicle. Construction workers are often at risk of being involved in a vehicle accident. Being struck by a car while working a job site near an active street is dangerous business.

Proving Liability for Vehicle Related Accidents

Proving liability for work accidents involving a vehicle is necessary if you intend to pursue a claim. Your employer is required to adequately train you in the safe use of any company vehicles. If you were not adequately trained and it resulted in an injury at the workplace, your employer may be liable for that injury. Likewise, your employer may be liable if your employer requires you to operate a vehicle beyond the number of consecutive driving hours, which is a maximum of 15 consecutive hours in a day or 70 hours in a work week.

If your employer made you operate a vehicle that was overweight, loaded with too much cargo, or a vehicle that was in poor maintenance, they may be liable for any vehicle-related accidents caused by that vehicle.

Employers are required to supply a safe work environment for their employees. If an unsafe work environment leads to a construction worker working a job site and they are struck by a vehicle because of their employer’s neglect, again, they may be liable for the accident.

Electrical Hazards

Electrocution is a hazard that is often difficult to predict. While it can be a safety issue for linesmen and electricians, eclectic hazards can exist in any workplace. Faulty electrical outlets and exposed or worn wires can create an electric hazard and an unsafe work environment.

Proving Liability for Electrical Hazard Accidents

Similar to the above examples, proving negligence is an essential part of proving liability. Employers must properly train their employees to work in their environment in a safe manner. Employers are required to supply a safe workspace if they knew about the hazard but failed to repair it or they had a reasonable amount of time to discover and repair the danger but did not; they may be liable for an accident that occurred because of an electrical hazard.

Overexertion and Muscle Strain

Sometimes, “wear and tear,” not of machinery or equipment but of your body, can lead to an accident. These accidents can be sudden or cumulative. Repetitive work with no breaks, jumping, lifting, pushing, carrying, or using improper technique can all lead to an accident at work. The repetitive motion of using a mouse and keyboard may lead to injuries.

Proving Liability for Overexertion

Your employer is required to train you in the safe practices of physical tasks required by your job. Their failure to do so, or their neglect to create a safe work environment, can lead to an accident and, worse, a significant injury. They are also liable for requiring continuous strenuous exertion without a proper break. Employers are required to supply safety equipment, such as lift belts, to ensure you are able to do your job and stay safe in the process.

Your Next Step After a Work Accident

Your first step if you are injured because of a workplace accident should be to seek out medical treatment. Your next step should be to contact the experienced attorneys of The Kahn Law Firm, P.C. You can get information and schedule a free consultation today by calling 713-999-6549. When it comes to your injury, do not wait. Building your case as soon as possible is vital for a solid personal injury case and is your best course of action for getting the financial compensation you are owed.

What Are the Dog Bite Laws in Texas?

Experiencing a dog attack can be extremely frightening, especially if you or your child was the victim. Mauling by a vicious animal can result in deep wounds, infection, and even death. If a dog attacks you or your loved one, you should get medical attention immediately to prevent permanent damage. Once you are safe, you should consider bringing a lawsuit against the negligent owner.

In Texas, owners are held responsible if they knew of a previous attack or knew that the dog acted like it was going to hurt someone. The best way to see whether you have a valid lawsuit is by reaching out to experienced personal injury attorneys like those at our law firm. We will review the details of your case and help you understand your legal options. Call today to learn more about how we can help at 713-999-6549.

State Law

Texas has state laws that govern dog bite incidents. One famous statute is known as the “one bite rule.” Dog owners and landlords can also be held accountable for acting negligently when they know their dog is potentially dangerous.

The One Bite Rule

The one-bite rule is significant in dog bite cases because it prevents victims from seeking compensation if the incident is the first time the dog has acted in a vicious manner. The law aims to protect owners who did not know that the dog would react this way. However, please note that the rule applies to more than just biting. If the dog ever acted like it would hurt someone, even if it did not do so, the owner could be liable for future attacks.

Negligence

Texas law permits dog bite victims to take legal action if an incident occurs because of the owner’s negligence. For example, if the owner knew about the dog’s vicious nature and allowed it to roam at large, they could be held liable. Owners who violate animal control statutes may also be at fault in a personal injury case.

Landlords also have a duty to protect their tenants from known dangerous animals, and legal action may be taken if a landlord or landowner fails to fulfill this obligation, resulting in someone’s injury or death.

Local Ordinances

It is also essential to understand that local ordinances may vary from Texas state law. Some locations have placed stricter rules for dangerous animals, while others make more exceptions for owners. Please get in touch with a legal representative in your area to learn more about your legal duties and rights.

What Compensation Can I Recover for My Dog Bite Injuries?

A successful dog bite case can recover economic and non-economic damages on behalf of victims. Call our law firm right away to get excellent representation and recover maximum damages for your injuries.

Economic Damages

Economic damages include items with an exact monetary cost. These may include:

• Medical expenses
• Hospital charges
• Past and future Doctor’s visits related to the injury
• Time missed at work
• Decreased earning capacity

Non-Economic Damages

Non-economic damages are more challenging because they do not have a monetary value that is easy to assess. However, they are equally important in a personal injury case.

Some non-economic damages you may be entitled to include:

• Disfiguration
• Catastrophic injury
• Loss of enjoyment of life
• Wrongful death

How is Liability Determined in a Dog Bite Incident?

In any personal injury case, it is critical to determine liability. Your ability to collect compensation depends on proving the following:

• The at-fault party owed you a duty of care, such as preventing their vicious dog from attacking you.
• The other person failed to fulfill their duty of care.
• Their actions caused serious damage to you or your loved one.

Owner Negligence

According to the Texas Health and Safety Code, a dog owner may be liable for a dog mauling if the person “fails to secure the dog and the dog makes an unprovoked attack on another person…that causes serious bodily injury.” However, if the person had the dog on a leash and made reasonable attempts to control the dog, or if the attack was provoked, this could affect the victim’s ability to recover damages. Call a knowledgeable dog bite attorney to learn whether you have a valid legal claim for your dog bite injuries.

Landlord Liability

Landlords also have a duty of care to protect their tenants from known dangerous animals. If you suffered a dog attack in a building where a landlord should have known about a vicious dog and did not remove it, you could have a claim against that landlord. Reach out to our dog bite lawyers immediately to learn more about what to do next.

Can Our Team of Dog Attack Attorneys Help You?

You have our deepest sympathies if you or your loved one experienced a dog attack. We understand the trauma and anguish the attack has caused you and your family, and we promise to fight aggressively to help you recover the compensation you deserve.

Please don’t suffer alone. Allow our experienced dog bite attorneys to investigate your case and uncover the evidence necessary for you to recover damages for your injuries. Our dedication, skill, and honesty have helped countless clients get the compensation they deserve. We will leverage that experience to bring you the results you need in your dog bite injury case.

You can rely on the help from The Kahn Law Firm, P.C., when you need to hold a negligent party accountable for your injuries. Let us handle the legal work so you can rest and recover. Call today at 713-999-6549 or contact us online to schedule your initial consultation.

Negligence and Recklessness at a Glance

If you have been involved in an accident recently, either as the one responsible for it or the one affected by it, you may have encountered words like “negligence” and “recklessness” in your research. While contemplating a case, let’s say, a personal injury case, the plaintiff will assert that the injury was a result of either negligence by the defendant or recklessness by the defendant.

When it is boiled down to the basics, the main difference between negligence and recklessness is whether or not someone has knowledge of whether their actions may have been harmful to someone else or someone else’s property.

What is Negligence?

In the state of Texas, negligence is defined as failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another. Negligence is often the legal basis for many personal injury cases. Negligence is seen mainly as accidental. When negligence is used for the basis of a personal injury case, the plaintiff is saying that they believe the person’s actions caused harm to another. Still, it was not because the defendant knowingly acted in a way that would bring harm.

We enter into a social contract when we enter society. We take responsibility for our actions and take on the duty to act in a certain way to ensure the safety of ourselves and those around us. For example, when you drive, it becomes your duty to do so safely, to control your vehicle responsibly, and to remove distractions. As a driver, you are responsible for ensuring the safety of yourself, your passengers, and other motorists around you.

In a personal injury case, an attorney will attempt to prove that there was a breach of duty. Using the example of you as a driver, if you are speeding and you cause a car accident as a result, you have breached your duty to operate your vehicle in a safe manner.

When an attorney tries to prove negligence, they will try to confirm that the negligence caused the injury. If you are speeding and rear-end the vehicle in front of you, causing damages and injury, the attorneys will try to confirm that the accident resulted from your speeding, a result of your negligence.

The above circumstances will be weighed in a personal injury case. Negligence is measured by whether or not a reasonable person would be aware that their actions may lead to the injury of another. To continue the above example, would a reasonable person be aware of the fact that speeding may result in injury or damages? Most people would agree that, yes, we are aware of the potential hazards that surround speeding in a vehicle.

The final pillar of a personal injury case due to negligence is whether or not quantifiable damages have been caused as a result of negligence. If you rear-ended another vehicle because you were speeding, then your negligence resulted in the damages caused to the vehicle as well as any injuries caused to the passengers.

What is Recklessness?

While negligence is seen largely as an accident, recklessness is not. When someone acts in a reckless manner, they knowingly act in a manner that they are aware of, which may lead to harm or damage to another.

In the eye of the law, intent, also known as willfulness, is when someone acts in a way with the intent to harm another.

Recklessness is immediately less than intent. While someone who is reckless acts in a way that they are aware of may lead to harm to another, they do not have the intention to cause harm.

Likewise, negligence is immediately below recklessness in the eye of the law. Whereas a reckless person knows their actions could harm another, a negligent person fails to act as a reasonable person would and doesn’t exercise reasonable care.

A plaintiff will try to prove reckless behavior in one of two ways, either subjective, where it is believed that the reckless person was thinking when the act occurred. Otherwise, the actions of the reckless person will be compared to how a reasonable person would have acted.

Either way, the plaintiff will also need to determine if the reckless person was consciously aware that their actions may cause harm to another person.

If causing an accident due to speeding could be seen as negligent, speeding through a busy intersection could be considered reckless.

Generally speaking, the following are considered when determining recklessness: the reckless person acted with a high degree of awareness that it could be harmful.

The act itself is deemed unreasonable. The action is more substantial than negligence, and the reckless person acts knowing that their actions may be detrimental to others that are present.

Do I Need a Lawyer?

If you have been involved in an accident, either as the one affected by another or the person who caused the accident, you may be wondering if you should have a lawyer or not and how this situation may affect you.

If you think you should have a lawyer, then the answer is yes. The answer to the question “when” is as soon as possible. An experienced lawyer can help you navigate this situation, either by coming to your defense or by helping you determine what you are owed if you were injured by someone else’s recklessness or negligence.

The experienced attorneys of The Kahn Law Firm, P.C. are knowledgeable about injury claims and eager to help you with a no-obligation consultation. Call 713-999-6549 to schedule your consultation, or visit here to use our online form.

A Challenging Time

It’s no surprise that following a car accident can be challenging for all involved, regardless of the injuries or damages sustained. You likely have to miss work, attend multiple doctor visits to heal your injuries, and get your vehicle repaired.

All of this can become increasingly frustrating if you find out that the driver you collided with is at fault and uninsured which occurs often especially in large metropolitan areas such as Houston, Dallas and San Antonio. What options do you have? We encourage you not to give up and to discuss what you may be able to pursue by speaking with one of our team members.

You Have Options

One option that many choose to research is if their health insurance covers the costs associated with their injuries and paying the rest out of pocket. This option may be feasible if the injuries you sustained were relatively insignificant, but if not, you may choose to seek other options.

Did you purchase additional insurance coverage, such as uninsured motorist coverage? Some states, including Texas, offer this as added protection against this very scenario. Unless you refused this coverage in writing, you may already have it and not know it. A skilled attorney can help you research your coverage, analyze how to get the most out of it and negotiate with the insurance companies.

They may also need to prove that the other driver was negligent and therefore liable if it’s not an obvious scenario, which they can skillfully do for you through investigations and gathering documentation.

Filing a Personal Injury Lawsuit

In some cases, you may need to pursue the person who caused the accident personally. If you are awarded money in this case, it will generally come from the person’s assets that caused the accident.

The drawback here is that, realistically speaking, if the other driver avoided the laws of having insurance in order to save money, it’s not likely that they have assets to liquidate to cover your damages.

Investigations into what the other party has in their name may be necessary to determine whether this option is worth your time and effort. Experienced lawyers can quickly work on establishing what assets may be available and how to pursue them.

Another Aspect to Consider

A unique perspective to consider may be that a third party was involved in the accident, and they can help to compensate you for your damages. Suppose you were in an accident with someone who was on the clock in their career at the time of impact. You may be able to pursue their place of employment to bridge the gap between what your insurance will cover and the total damages incurred.

In another example, what if there was a faulty part in the car that crashed into you? Maybe there is a manufacturing issue, and you can pursue the manufacturer for the injuries you sustained. Similarly, perhaps a mechanic made a mistake in fixing a vehicle. It led to the accident, such as faulty brakes, and they may be found liable for the accident occurring.

Furthermore, there may have been a third party in the accident, such as another driver, and if they were found to be partially at fault, you might be able to pursue them for a portion of the damages as well.

What Types of Damages Can I Pursue Following a Car Accident in Texas?

Damages that you can pursue range from tangible to intangible. Though the intangibles are more complicated to calculate, a skilled attorney can help you gather estimates and accurately compensate you.

Medical bills, hospitalization, physical therapy, occupational or speech therapy, and more are tangible bills that you can gather and calculate easily.

Lost wages are also easy to calculate based on what you make per week or hourly and add up the time you missed while tending to your injuries, getting your car fixed, or pursuing damages.

Loss of future earnings – this category can be included if you can no longer perform the duties of your job as you once were before the accident. If you are forced to take a lesser-paying position that you can achieve based on limitations caused by the accident, you should be compensated for the difference.

Pain and suffering – while more challenging to determine as it’s intangible, pain and suffering can cause debilitating issues in your life now and in the future. Your skilled attorney can help you estimate the value of this and pursue it effectively.

If your loved one lost their life due to an accident, you can pursue a wrongful death action and seek recover additional damages such as funeral costs and burial costs, loss of companionship, and potentially loss of their wages.

Courts will review all relevant facts of the case, such as how it happened, the level of negligence that was exhibited by the guilty party, the severity of your injuries, and more. They will also take into account how long you may be forced to be without work, how returning to work may look, and how that will affect you and your family financially.

Challenging Yet Rewarding

We have many years of experience helping our clients with even the most challenging cases. We listen to the facts surrounding your case and help you determine your options. We are skilled at negotiations, and if that doesn’t suffice what you deserve in compensation, we are prepared to tirelessly fight for what is right for our clients.

Contact our office today at (713) 999-6549 to discuss your options and form a winning strategy so you can put this chapter of your life behind you.

What Does a DUI in Texas Consist Of?

You may have heard the term DUI or DWI and wondered what the difference was. You are not alone. Most states have both charges and related penalties, and it can be challenging to decipher between the two. DUI, or Driving while under the influence, is reserved for those under the age of 21. If they are not yet legal drinking age and are found to be intoxicated while driving, the charge and associate penalties are different than had they been 21 when the traffic stop occurred.

According to Texas state statutes, motorized vehicles and boats are included in DUI charges. “A minor commits an offense if the minor operates a motor vehicle in a public place or a watercraft while having any detectable amount of alcohol in the minor’s system.”

Consequences of a DUI for Minors

Typically, the state will need to provide clear evidence of the level of alcohol in the defendant’s system to ensure they have passed the threshold and, therefore, should receive a charge. In the case of a minor, they only have to prove that there was a detectable amount of alcohol in the minor’s system, which can lead to a Class C misdemeanor or more.

Additionally, a DUI can result in fines of up to $500 and a suspended license of up to 60 days. Minors typically aren’t penalized with jail time due to their age as long as there aren’t aggravating factors, according to the judge.

You may be required to commit to 20-40 hours of community service in addition to the above consequences, and you may be required to attend alcohol classes.

If the minor has had prior offenses, if their BAC level was significantly high, or if they were under the influence of any illegal drugs at the time of the arrest, the charge may be elevated to a DWI, which comes with much more significant penalties.

What if My Charge Was Elevated to a DWI?

If your charge included aggravating factors or previous charges, you may have had the charge elevated to a DWI. In this case, the penalties can be a result of a Class B misdemeanor, which means you may face up to 72 hours in jail and more time if you were found with an open container.

You may also face fines of up to $2,000 that you will have to pay, as well as losing your license from 90 days to up to one year. In some cases, even if you are acquitted of the DWI, you may still lose your license due to the BAC level from a urine, blood, or breath test.

Further Consequences

You may be placed on probation for your first (and subsequent) DWI offense. Probation can range in length and typically requires regular visits and check-ins and may include random drug testing throughout the probation term.

You may also be required to attend special alcohol or drug classes teaching you the harm that substances can cause and how to manage any dependency issues you may be concerned about.

It’s important to note that if you don’t follow through with these programs or probation as required, you may lose your license for longer.

Also of importance is that if you wish to appeal the loss of your license, you have a strict timeline in which to do so. Generally, this timeline is 15 days from the time that you were made aware of the restricted license. Discuss this with your experienced attorney to ensure that you have all applicable opportunities available to you.

Escalated Charges

If you are charged with a 2nd or 3rd DWI, the charges may be much more significant. For example, if you are charged with a 2nd DWI, this may result in a Class B misdemeanor, which may require a fine of up to $2,000 and up to 180 days in jail. The jail time typically doesn’t apply to minors, but if the defendant is over the age of 17 and not yet 21, they may face time in jail.

If there were children in the car, this is considered an aggravating factor and can lead to much more significant penalties. For example, if you are found driving while inebriated with a child in a vehicle that is under 15, the charge increases to a felony and you could face penalties such as fines of up to $10,000 and suspension of your license for up to 180 days. You may also face time in jail of 180 days up to two years in prison. These penalties apply even if it’s your first offense with a child present.

A third DWI charge is considered a felony by the state of Texas. If convicted, you can face up to ten years in jail and fines of up to $10,000.

Your Fierce and Tireless Advocate

If you or your child were charged with a DWI or DUI, it’s essential to seek professional legal guidance immediately. You may have a tight timeline to challenge the suspension of your license, and at the very least, you will want to align yourself with a capable advocate who can help protect you and your family.

Contact our office at (713) 999-6549 to learn more about how we can best assist you and your family moving forward. We have many years of experience in protecting our clients and ensuring that they get the best outcome they can and move forward to the next chapter of their lives.

Why is Determining Fault So Important After an Accident?

Each state follows its own set of rules to determine how each party may pursue damages. For some states, if you are partially at fault, you typically can’t seek damages, which is referred to as contributory negligence.

In other states, if you are partially at fault by 50% or less, you can still pursue damages at a reduced rate based on your percentage of fault. Texas follows this rule, and it’s referred to as comparative negligence. Furthermore, Texas is a modified comparative negligence state, meaning that if you are found to be more than 50% at fault for the accident, you generally cannot pursue damages.

What Evidence is Used To Determine Fault?

Several things can help either side of the courtroom determine fault. Pictures or videos can be submitted and used to help determine what happened leading up to or at the time of the accident. If there is video surveillance in the area, that is a great resource to use. If not, having pictures of all involved vehicles after the accident, showing the damages incurred, can be impactful.

Eyewitness statements can also be used. If you are in an accident, it’s helpful to reach out to others who may have seen what happened and retain their contact information so they can be questioned later to be used as evidence.

Documentation that you may have gathered regarding the date and time the accident occurred, the weather that day that may have played a role in the accident, such as if the roads were slippery or there were obstacles in the roadway, and more.

Why Is It Important to Only Discuss the Accident With Your Trusted Attorney?

Keep in mind that insurance companies will have their company and their client’s best interest at heart, and not yours. They are notorious for nudging accident victims to settle for an amount that they deem appropriate, which may be far less than what they deserve.

In communicating with them, if you inadvertently assume fault for the accident, they can use this information to push you to settle for less. By ensuring that you are only discussing the details of your accident with your attorney, they can handle all communication and necessary negotiations with the insurance companies and the other relevant parties involved.

What Types of Damages Can I Pursue Following a Car Accident?

Damages are typically categorized by either economic or non-economic damages. Economic, as titled, refers to any economic damages that you may have incurred following an accident. The medical costs involved, any lost wages from work to tend to your medical needs, and the damages your vehicle incurred would all be considered economic damages.

Non-economic damages are typically more challenging to calculate but can involve pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and more. For example, suppose you were significantly injured in a car accident and now no longer enjoy hobbies or activities that you once did due to your injuries. In that case, damages can be calculated and pursued. Suppose you were an active person who loved to ride a bike or motorcycle, for instance, and now can no longer participate in those activities due to injury. In that case, this can be a factor in the damages your attorney will pursue.

Punitive damages or exemplary damages can also be pursued in some cases. Punitive damages are typically reserved for instances where the actions of one of the parties were particularly harsh, such as a drunk driver who was speeding down the roadway and colliding with another vehicle. Punitive damages are not relevant in all cases, and there is a cap on how much you can pursue in Texas.

Why is Determining Fault Crucial to a Car Accident Case?

Based on the comparative fault rule discussed earlier, even if you are partially at fault for the accident, you may still successfully pursue damages. Suppose you are found to be more than 51% at fault. In that case, however, you are typically not entitled to collecting damages, meaning the percentage of fault assigned to you following an accident is imperative.

There may be details regarding the accident that you are unaware of. You may have been driving and obeying all traffic laws and rules other than perhaps speeding right before the accident, and therefore, assume that you were at fault. The other driver could have been distracted by testing or other means or under the influence of drugs or alcohol, making them assume a higher percentage of fault for the accident.

Your Tireless Advocate

An experienced attorney can review your case and help investigate the details appropriately, ensuring that you are not assuming more of the fault in an accident than necessary and, therefore, can pursue damages.

With several years of experience defending our clients against the negligence of others and other areas of law, you can count on us to be a fierce and tireless advocate with compassion and Christian values.

If you or a loved one was recently in an accident and is seeking help, don’t hesitate to call us at (713) 999-6549. You can schedule your initial free consultation, and we can review the details of your case and formulate a strategy together to help you effectively pursue the damages you deserve rather than settling for less.

We are a husband and wife team, so we value family incredibly. Let our family help you protect and provide for your family, even amidst inconvenience and the unknown.

Involved in a Car Accident?

Car accidents are so prevalent in our state and country that you may have experienced one or multiple over the years. Medical bills resulting from car accidents can become stressful, as are the steps necessary following a car accident to ensure you avoid financial distress.

You must seek medical attention immediately if you or a loved one have been involved in a car accident. Some symptoms may not be present immediately, such as soft tissue issues, whiplash, or a concussion, and you can avoid further damage by seeking medical attention immediately.

It may seem like a hassle to miss work while you seek medical care, but the benefits far outweigh the stress of fully understanding any injuries you may have and how to treat them.

Can I Seek Compensation Even if I Was Partially At Fault?

One of the common misconceptions is that if you were partially at fault for the accident, you may not be eligible for compensation. In most cases, this is not true. Texas follows a comparative negligence rule regarding car accidents. What this means for you is that if you are partially at fault for the accident, the compensation awarded for the accident will be reduced by that amount. However, if you are found to be more than 50% at fault for the accident, you may not be eligible for compensation.

Suppose you were in an accident with another party. When you pursue damages after the accident, the courts will apply a percentage of fault to each party involved. For example, if you were found to be 40% at fault and the other party was 60% at fault, you may still be eligible for damages, reduced by your percentage (or 40%) of fault. If $100,000 were awarded in total damages, your share would be $60,000.

Determining Fault After a Car Accident

As mentioned above, determining fault or responsibility for the car accident is crucial, as it can lead to your option of recovering damages or not. Determining fault in an accident can be complex, as there may be factors you were unaware of that led to the accident. Your personal injury attorney will investigate items such as photo or video coverage of the accident, eyewitness statements, police and medical records, or accident recreation to establish fault. Don’t just take the word of the insurance adjuster about fault either.

For example, there may be other parties involved that you have yet to think of. Suppose you were in an accident with a commercial vehicle. You may not realize that you can typically pursue not only the driver but also the company that employs them or, in some cases, the commercial vehicle manufacturer.

Any business must follow strict vehicle maintenance and inspection laws to avoid vehicle malfunctions that can lead to deadly accidents. Companies are also required to provide adequate training to operate their vehicles to remain safe. If it is found that these requirements were breached, they may be liable in addition to the driver.

Car Insurance Laws in Texas

Texas law requires that you carry auto insurance. The minimums that must be met are $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 of coverage for property damage.

Auto policies in Texas typically carry Personal injury protection (PIP) coverage, which can help further cover medical bills or lost wages following an accident. In most cases, you will need to formally decline PIP coverage, in writing, on your policy if you choose not to want it. Most basic PIP coverage includes $2,500 to help cover your and the other party’s medical bills following an accident.

If you are found without car insurance in Texas, you may face fines of a few hundred dollars (up to $1,000) and risk having your car impounded.

Statute of Limitations

Another legal aspect you must consider is the statute of limitations on pursuing personal injury claims after a car accident. Each state will have a strict timeline regarding when you can seek damages; in Texas, it is two years.

If you choose to wait and attempt to pursue damages more than two years past the accident date, you may not have the option to do so, regardless of how promising your case may be.

Personal Injury Attorneys Tirelessly Fight For Their Clients

Aside from ensuring your medical needs are tended to, one of the most important aspects of a car accident case is establishing fault. Your personal injury attorney can get to work immediately to help ensure that responsibility is accurately established before heading to court to pursue damages.

Personal injury attorneys are also highly skilled in negotiations. This skill means they can negotiate with other parties or insurance companies to ensure you are not inadvertently admitting fault or settling for less than you deserve. Insurance companies typically want you to settle for the least amount possible as their company is in their best interest. Your personal injury attorney will ensure that your best interest is the priority over all other parties involved.

We pride ourselves on consistently updating our clients so they know where they stand every step of the way, tirelessly advocating for our clients and doing so with compassion and confidence. Contact our office at (713) 999-6549 today to learn how our team can assist you and your loved ones following a car accident. Don’t let a car accident lead you and your loved ones to financial and emotional distress. Contact your legal advocate today.

In our fast-paced lives, accidents can happen in the blink of an eye, disrupting our plans for our immediate future and leaving us with lingering consequences like injuries, unplanned expenses, and legal battles. One such lingering consequence of an accident could be a Traumatic Brain Injury (TBI).

Sudden blows or jolts to the head are common causes of TBIs. While the immediate symptoms of a TBI are well-known, such as confusion, dizziness, and loss of consciousness, there’s a lesser-known connection between neck pain and TBIs that often goes unnoticed. Keep reading to learn about the correlation between neck pain and TBIs and some crucial signs to help you identify if your neck pain could indicate a TBI.

Signs to Watch For

Early detection and intervention are crucial to managing TBIs effectively. Seeking medical care for a TBI quickly can help prevent long-term complications. If you or a loved one experiences neck pain after an accident, consider if your brain could also be injured. Pay attention to the signs your body is giving you; they might signal a deeper issue that needs immediate medical attention.

1. Severe Headaches

One of the primary signs that neck pain might be linked to a TBI is the onset of severe headaches. These headaches often differ from regular tension headaches and might be accompanied by a feeling of pressure in the head. The pain might radiate from the neck to the head and may worsen with movement. If you grapple with such headaches following an accident or injury, it’s essential to consider the possibility of a TBI.

2. Neck Stiffness and Limited Range of Motion

Persistent neck stiffness and a limited range of motion are common indicators of neck injuries and TBIs. If you notice that your neck has become stiff and you can’t move it as freely as before, it’s time to pay attention. Such symptoms suggest that the force of impact might have affected both the neck and the brain, causing a TBI. If you suffer severe neck pain, consider the force required to cause that severe pain your brain was likely also under.

3. Visual Disturbances

TBIs can disrupt various neurological functions, including vision. It could be a sign of a TBI if you’re experiencing visual disturbances such as blurred vision, sensitivity to light, or even seeing “floaters” in your field of vision. These symptoms may arise alongside neck pain, indicating a deeper connection.

4. Nausea and Vomiting

While nausea and vomiting are commonly associated with stomach ailments, they can also point toward a TBI, especially if you are also experiencing neck pain. The same impact that causes neck injuries can disturb the brain’s intricate network, leading to these symptoms. If you’re feeling nauseous or vomiting after an accident, it’s crucial to consider the possibility of a TBI.

5. Difficulty with Concentration and Memory

A TBI can affect cognitive functions, often leading to difficulties with concentration, memory, and overall cognitive performance. If you’re finding it hard to focus on routine tasks, or if your memory seems to be failing you more often, it could be due to a TBI. These cognitive changes might accompany neck pain as part of the overall impact of the injuries caused by your accident.

6. Emotional and Behavioral Changes

Traumatic Brain Injuries can influence emotions and behaviors, leading to mood swings, irritability, anxiety, and depression. If you notice significant shifts in your emotional well-being following an accident, alongside neck pain, it’s essential to consider the possibility that your brain might have also sustained an injury.

7. Sleep Disturbances

The intricate relationship between brain health and sleep is well-documented. A TBI can disrupt sleep patterns, leading to insomnia, excessive sleepiness, or irregular sleep cycles. If you’re experiencing sleep disturbances after an injury that also caused neck pain, considering the potential connection to a TBI is worth exploring.

Don’t Dismiss Your Neck Pain

In the hustle and bustle of life, it’s easy to assume your neck pain is just neck pain since it is a common consequence of accidents and day-to-day issues like poor posture or muscle strain. However, it’s crucial to recognize that this seemingly isolated discomfort could indicate a deeper issue like a Traumatic Brain Injury. Nerves, blood vessels, and muscles connect the brain in an intricate network. When an external force impacts the neck, it can transmit forces to the brain, potentially causing a TBI.

Trust your instincts. If you or someone you know is experiencing neck pain alongside any signs of a TBI, it’s imperative to seek medical attention promptly. A healthcare professional can perform the necessary assessments, such as imaging tests and neurological examinations, to determine whether a TBI has occurred.

Seek Legal Support After An Accident

Accidents are traumatic and leave victims with many new things on their plate, like injuries, insurance claims, medical bills, and more. While medical care is the highest priority, victims often need to seek legal support as well. If you or a loved one got hurt in an accident you didn’t cause, you may be eligible for compensation from the person or business who caused the accident for the harm you have suffered.

An experienced personal injury lawyer can review your circumstances and help guide you toward the best plan to help you recover physically, mentally, and financially. To meet with The Kahn Law Firm, P.C. to review your case, call 713-999-6549 for a free consultation today.

When it comes to legal matters, understanding the nuances of specific charges is crucial. People may use “assault” and “battery” interchangeably or in similar contexts, but these actions carry distinct legal definitions and consequences.

In Texas, the distinction between assault and battery lies in the context of the threat or physical contact. Assault revolves around the fear instilled by the threat, while battery involves the actual physical harm caused. Understanding these differences and the possible legal outcomes can help you navigate legal situations more effectively, whether you’re a potential victim seeking justice or someone facing charges.

What Is Considered Assault?

Assault, in Texas law, refers to intentionally threatening someone with bodily harm. This threat may involve physical actions, gestures, or verbal communication that creates a reasonable fear of imminent harm. It’s important to note that in Texas, physical contact is unnecessary for an assault charge to apply. The critical factor is the perceived threat that causes fear in the victim.

Degrees of Assault

Texas categorizes assault into three degrees based on the severity of the threat and the intent behind it.

1. Class C Misdemeanor Assault (Simple Assault)

Class C Misdemeanor Assault is the least severe form of assault. It involves intentionally causing someone to fear bodily harm, including verbal threats, without physical action. A Class C misdemeanor is the lowest criminal offense, typically resulting in a fine.

2. Class A Misdemeanor Assault

Class A Misdemeanor Assault involves intentionally causing bodily injury to another person. It’s important to understand that bodily injury goes beyond just the visible aspects; it refers to pain, discomfort, or any form of physical impairment. A Class A misdemeanor is more severe than a Class C and can lead to higher fines and potential jail time.

3. Felony Assault

Felony assault involves causing serious bodily injury to someone or using or exhibiting a deadly weapon during the commission of the assault. “Serious bodily injuries” are considered injuries that pose a substantial risk of death or result in long-term disfigurement or impairment. Felony assault carries severe penalties, including significant fines and imprisonment.

What Is Considered Battery?

While assault pertains to the threat of harm, battery in Texas involves intentional and unlawful physical contact with another person. Unlike assault, which focuses on the victim’s fear, battery centers on physical interaction and harm caused.

Degrees of Battery

In Texas, battery is not classified into degrees as assault is. Instead, it falls under the general definition of “assault with bodily injury.” Battery is typically charged as a Class A misdemeanor, with penalties including fines and possible jail time.

The Connection and Distinction Between Assault and Battery

Assault and battery often go hand in hand, but they are legally distinct. Assault might happen before battery – for instance, if someone threatens another person (assault) and then proceeds to harm them physically (battery). However, it’s crucial to recognize that a battery can stand alone without an assault charge, as physical contact alone can warrant a battery charge.

Common Defenses to Battery and Assault Accusations

If you face assault or battery charges in Texas, finding legal representation and working with your attorney to plan potential defenses is essential. Please note that the guidance here is not legal advice and may or may not apply to your case.

Some defenses frequently used by those accused of battery or assault include:

Self-Defense

If you can demonstrate that you acted in self-defense or in defense of others, you might be able to have the charges reduced or dropped. Texas law allows for the use of force when a person reasonably believes it’s necessary to protect themselves or others from imminent harm.

Those claiming self-defense was the reason for the battery or assault must demonstrate that there was an imminent threat, that they had a reasonable belief the individual would harm them, and that the defendant used appropriate force in self-defense.

Lack of Intent

Both assault and battery require intent. If your legal team can prove that you didn’t intend to cause harm or that your actions were accidental, this could weaken the case against you.

Consent

In some situations, if the alleged victim consented to the physical contact, it could serve as a defense. However, consent might not be a valid defense in severe bodily injury cases.

Defense of Property

Texas law also permits the use of force to protect your property under certain circumstances. Texas is known for its “Stand Your Ground” laws (also called “Castle Doctrine”). However, it is vital to note that the defense of property is not a blanket excuse for using force.

Texas law requires that the force used be reasonable and proportional to the threat posed to the property. Additionally, the defense of property does not permit the use of deadly force unless the individual reasonably believes that the use of deadly force is necessary to protect themselves from serious bodily harm or death.

Plan Your Legal Defense Today

Being well-informed about the legal definitions and your rights is the first step toward ensuring a fair legal process. Remember, the information provided here should not used as legal advice. Obtaining legal representation as soon as possible is recommended if you face criminal charges.

If you’re dealing with an assault or battery case, consult a qualified legal professional who can provide personalized guidance based on your situation. Schedule an appointment with The Kahn Law Firm, P.C. today by calling 713-999-6549 now.