Category: Accidents

Amy's Kitchen

Amy’s Kitchen Recalled 70,000 Frozen Meals That May Contain Contaminated Spinach

Amy's Kitchen

 

On March 22nd, Amy’s Kitchen Inc., the California based company, notified its distributors and retailers that 73,897 frozen meals that contain spinach may be contaminated with Listeria monocytogenes. This organism could be fatal to children, the elderly, the frail, pregnant women and others with a weakened immune system. Getting an infection could cause a person to experience nausea, stiffness, headaches, abdominal pain, diarrhea and more.

Up to this point, there aren’t any confirmed cases of consumers getting infected. The food warnings are for lasagnas, pizzas, and other meals that contain the alleged contaminated spinach. Check out the FDA for a complete list of all the potentially contaminated foods.

If you or a loved one purchased a product that harmed you, then you should reach out to a personal injury attorney. Schedule your free appointment today by calling 713-222-1222.

Truck

18-Wheeler Wreck Injures Driver, North Loop Ramp Shut Down

An 18-wheeler flipped over on 610 North Loop at 10:30 p.m. Sunday after its cargo shifted while making a turn. Fortunately, the driver sustained only minor injuries after his CB radio hit him in the head – he was treated at the scene. No other vehicles were involved in the crash which shut down the ramp until 5:00 a.m. Monday.

If you or a loved one has been injured due to someone else’s negligence, we can help. Contact Mukerji Law at 713-222-1222 and protect your rights.

Image courtesy of khou

3 Types of Witnesses That May Help You Win Your Case

3 Types of Witnesses That May Help You Win Your Case

The one thing that can truly determine whether a case is won or lost is the number and quality of the witnesses who are questioned. The problem with gathering witnesses is that many people simply forget to do this unless they know the witnesses personally. The stress and anxiety created during many events, such as injuries, often clouds a person’s judgment and results in them not remembering to gather witnesses until most of them have been lost. People should follow a few rules when gathering witnesses, and each rule ensures these individuals can be located at a moment’s notice.

1) Strangers as Witnesses

The close proximity of most towns and cities means there is at least two people near one another at any given time. If these people are not known to an injured person they may be overlooked as a witness, but this should not be the case. When approaching a stranger to retain them as a witness individuals should gather:

  • Personal Information – This type of information is vital to connecting with the witness once the two parties have parted ways. Relevant information to gather includes names, phone numbers and addresses.
  • Potential Cooperation – Victims should also note whether the individuals seems cooperative and as though they’re willing to testify on the behalf of the victim. All personal information should be taken regardless of the result because some witnesses may be required to appear by the court.
  • What Was Witnessed – Victims should make a small note about what it was that the witness actually saw. By gathering this information from multiple people victims are more likely to get a clear idea of what occurred outside their own viewpoint.

2) Known Witnesses

When a person knows a witness they are far more likely to get a full account of what happened from the witness’s point of view. These individuals should be put in contact with the victim’s attorney as soon as possible so they can recount what they saw and the attorney can begin developing a case.

3) Expert Witnesses

One vital witness that may not even have seen the events take place is known as an expert witness. These individuals are often professionals in a certain field and can attest to the accuracy of the events as recounted by the victim or other witnesses. Some examples of these individuals include:

  • Traffic Experts – These individuals have studied vehicle accidents in-depth and know what an outcome should be without even seeing the actual result. Bringing in these experts ensures a distorted view of the accident doesn’t take hold in the courtroom.
  • Medical Experts – Injury cases often involve medical experts because these professionals can assess the true cause of an injury. Victims can help prove their case by utilizing this type of witness to prove the defendant’s actions or neglect led to the injury the plaintiff is claiming.

Get Help with Witnesses

If you have been injured, it’s best for you to begin gathering witnesses right away. However, a personal injury attorney can help you assess the value of each witness and help you find more witnesses if need be. Schedule your free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net

4 People Injured When a Roller Coaster Derailed

4 People Injured When a Roller Coaster Derailed

A trip to the amusement park turned into a nightmare Monday afternoon when a tree fell on the tracks of a roller coaster. As the passenger cars passed through the tree that was resting on the track, the clamps that hold the car on the track broke, derailing the car.

Four people were injured. Two people were taken to a local hospital, and another two dozen were stuck for hours dangling 20-30 feet above ground while firefighters managed to rescue them. It happened at about 5:30 pm at Six Flags Magic Mountain in Santa Clarita, CA.

This is the second accident in an amusement park this week. On June 30, a ride in SeaWorld San Diego lost power, stranding riders for hours.
If you or a loved one has been injured on a roller coaster or in an amusement park, Mukerji Law Firm can help.

Image courtesy of KTLA’s Twitter page

I Was Injured As a Child...Can I Still Sue

I Was Injured As a Child…Can I Still Sue?

Texas parents may bring a lawsuit on behalf of their minor children. The statute of limitations for filing is two years from the date of the accident or injury. So what happens when parents do not file within this time-frame? Does this mean that the child is forever barred from recovery? The answer is no, because children can bring a lawsuit later on their own once they reach adulthood.

Rules for Filing a Lawsuit

Once a child turns 18, he or she then has two years in which to file for a childhood injury, regardless of when it occurred. That means that the new statute of limitations would then be one day before his or her 20th birthday. There are still some rules that must be followed, including:

  • Claim must not already have been filed
  • There has been no previous settlement on the matter
  • A valid legal remedy must exist under law
  • The child must be competent enough to bring a lawsuit

Collecting Evidence

Adults who are filing for childhood injuries can face significant challenges when it comes to collecting the evidence needed to present a case in court. This is especially true if it has been some time since the accident, as memories tend to fade over time. Medical records could also be difficult to obtain, and witnesses might not be easy to locate. If the accident happened at a business, there’s a chance that the company no longer exists.

The first thing an adult filer should do is to find out as much information about the accident as possible by talking with family members and friends. Some things to ask include:

  • Where and when the accident happened
  • Proximate cause
  • Type(s) of injuries sustained
  • What if any medical treatment was given
  • How the accident impacted the victim’s life as well as that of the family
  • Approximate amount of loss
  • Whether or not the effects are still ongoing
  • Names and contact numbers of potential witnesses

The Decision to File

Adults who file for childhood injuries will still need to show they were injured, and that their injury was due to negligence on the part of another. Just because a victim did not receive compensation as a child does not mean that he or she cannot obtain relief as an adult. Many times, these cases can be settled without a lawsuit, as responsible parties are often eager to put the past behind them once and for all.

The Sooner You File, the Better

You may have 2 years after your child turns 18 to file a lawsuit, but that doesn’t mean that you should wait. The sooner you file your suit, the more likely you are to win your case because evidence tends to disappear. However, even those with children injured 5 or 10 years ago should consider filing. Regardless of the circumstances, the best think you can do is sit down with a qualified lawyer to discuss your case. Call 713.766.5400 today to schedule your free case evaluation.

*Image courtesy of freedigitalphotos.net

child injury guide

Shocking Facts Amusement Parks Don't Want You to Know

Shocking Facts Amusement Parks Don’t Want You to Know

Amusement parks are intended to be places of summer fun, but for some people they become locations where life-altering injuries occur. These venues of entertainment and high excitement welcome around 270 million visitors each year, and during these years there are statistics compiled that amusement park owners would rather keep to themselves.

Amusement Park Injuries & Fatalities

Every year there are a number of people that are seriously or fatally injured at amusement parks all over the world. Some of these numbers are:

  • 7,000 – The annual number of people who visit an emergency room each year after being injured at an amusement park
  • 4-5 – The annual number of people who are fatally injured while visiting an amusement park
  • 75% – The percentage of children that make up amusement park injury totals

Most Common Causes for Amusement Park Accidents

Many people think injuries that occur at amusement parks are the result of visitors failing to follow safety rules, but there are other causes that are found to be just as, if not more, common, including:

  • Mechanical Failure – This occurs when something vital to the operation of the ride fails due to improper maintenance
  • Operator Error – This is commonly the cause of injuries when operators are improperly trained or are negligent in their duties to operate the ride in a safe manner
  • Design Defect – This cause often results in the most serious injuries because it involves a portion of the ride being unsafe regardless of what park staff do to maintain the ride or operate it safely

Most Dangerous Rides

While every ride at an amusement park can be dangerous if not maintained or operated properly, there are a few rides that have resulted in the most injuries or deaths between the years of 1987 and 2000.

Roller Coasters – Roller coasters have been attributed to 16 deaths over the course of the above-mentioned years, making them the most dangerous

Whirling Rides – Whirling rides have been the cause of 11 deaths over the same span of time, making them a close second as most dangerous

Seemingly Safe Rides

Even rides that are traditionally viewed as being safe can be a danger to visitors. There are even cases of children being fatally injured while riding on merry go rounds. Deaths such as these showcase the care that visitors must take when visiting amusement parks since negligence due to maintenance or operation puts everyone in danger and often results in injured visitors suing the park in order to receive compensation.

Get a Lawyer Today

If you have been injured at a theme park, then it’s essential that you reach out to an attorney today! This allows your attorney to gather the evidence and build a compelling case. Schedule your free case review today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net
child injury guide

Common Causes of Bicycle Injuries

Common Causes of Bicycle Injuries

Whether it’s for improved health, to save money or help the environment, bicycling riding has a number of advantages. Unfortunately, one of the disadvantages it comes with is an increased risk of being seriously hurt if involved in an accident. Riders and drivers everywhere need to keep safety in mind in order to decrease the odds of someone being injured.

Intersection Accidents

Cyclists need to be especially careful when approaching intersections, as this is where the majority of bicycle accidents occur. Riders can be struck whenever another driver:

  • Attempts to run a red light or stop sign
  • Turns directly in front of a cyclist
  • Strikes the bicycle rider
  • Pushes the cyclist off the road

Other Types of Bicycle Accidents

Aside from injuries at intersections, the next most common cause of bicycle accidents involves visibility. Drivers may have trouble seeing a bicycle rider until it is too late, particularly when it is raining, foggy or dark outside. Riders should use extra caution when riding under these hazardous conditions, and may want to consider placing lights on their bicycles or helmets to aid with visibility.

Drivers may also collide with bicycles when:

  • Driving too fast for conditions
  • Operating while under the influence of alcohol or drugs
  • Texting or otherwise becoming distracted
  • Passing on a blind curve or hill

When bicycles and cars collide, the results could be potentially dangerous. This is especially true whenever a bicycle rider has been run over, or a hit and run occurs, leaving the individual without any way to seek medical treatment for his or her injuries. Even seemingly minor accidents can result in broken bones, head injuries or severe scraping of the skin that would require multiple surgeries to correct.

Rights under the Law

Texas law aims to protect bicycle riders from negligent drivers by allowing them the right-of-way at intersections and on roadways. Even so, many drivers fail to acknowledge this, treating them more as a nuisance than equals. This mindset spills over into insurance companies as well, as many of them will attempt to find fault with the cyclist in order to prevent paying out a claim for damages.

Hiring an Attorney

Cyclists who are injured in an accident need to assert their rights as quickly as possible in order to avoid being taken advantage of. In many cases, hiring a personal injury attorney is the best way of doing this, as it shows the driver and insurance company that the victim is serious about recovering damages. Schedule a free case evaluation today by calling 713.766.5400.

*Image courtesy of freedigitalphotos.net
child injury guide

Do I Have a Case for My Child’s Theme Park Injury

Do I Have a Case for My Child’s Theme Park Injury?

An amusement park is designed to be a place of fun and carefree excitement, but every year there are thousands of injuries sustained by park guests or members of their families. One of the most difficult injuries for a person to endure is when their child is injured at an amusement park due to circumstances beyond their control. Some individuals think the inherent risks of visiting an amusement park makes legal recourse an impossibility, but this is often not the case.

Amusement Park Common Dangers

Each amusement park will have its own distinct set of rides, but their common design makes injury classification far simpler.

High Speeds – These injuries often occur when a person is exposed to the high speeds of roller coasters. The injuries can include brain aneurysms, brain damage from G-forces and lacerations and fractures caused by collisions.

Water Rides – Water rides can cause severe injuries when guests are swept up by strong currents. Individuals weakened or unable to recover from their injuries may eventually drown if they don’t receive assistance from park personnel.

Impact – Many of the rides at amusement parks subject guests to jarring movements and sudden impacts, and this can lead to injuries in the back and neck.

Establishing Liability

Those who are injured at amusement parks are often in need of medical care, meaning medical bills will soon follow. An injured person should begin exploring their legal options as soon as the injury occurs, as swift legal action is often the best way to ensure recovery takes place. Amusement parks are often liable for a person’s injuries when:

  • A ride is deemed to be unsafe due to negligence on the part of park staff to maintain the ride to the highest standard of safety
  • The staff of the amusement park improperly operate the ride or carry out actions that obviously put the riders in danger of injury
  • The staff fails to provide adequate instruction on how to safely enjoy the ride in question, making injury almost a certainty

Additional Theme Park Liabilities

The dangers of going on amusement park rides isn’t the only liability these businesses face, as they are responsible for providing a safe environment at all times. Additional cases of liability may include:

  • Parking Lot Theft – It is the job of the amusement park to ensure parking areas are safe from theft or physical danger.
  • Sanitary Conditions – If a guest becomes sick after eating at an amusement park restaurant this can lead to a lawsuit being filed by the parents of the child who got sick.

Theme Park Lawyer

Getting injured is scary. Not only do you need to worry about your physical health, but you may be out of work for weeks or months, depending on the severity of your injuries. One of the best decisions you can make after getting injured is hiring a personal injury attorney. Schedule your free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

child injury guide

ATV Injuries You Must Know the Facts!

ATV Injuries: Know the Facts!

All-terrain vehicles (ATVs) are popular because they allow people to travel in areas that may not be accessible by car. Not only that, but there are no age restrictions on them, meaning that teenagers and adolescents can enjoy riding them as well. ATVs can be a lot of fun when they are safely operated and maintained, but have the potential to cause serious injury when they are not.

Common Types of Accidents

Certain types of accidents are also more common than others are. Overturning is by far the most common type of accident, and can happen whenever a vehicle is traveling too fast, climbing a steep embankment or maneuvering a very sharp turn. Other common accidents are:

  • Collisions with other ATVs or vehicles
  • Striking a pedestrian or hard object
  • Sliding downhill
  • Flipping the vehicle onto its side
  • Stopping the vehicle suddenly and then being thrown from it

Inexperienced drivers are more likely to be involved in an accident than experienced operators are. A good number of accidents involve drivers who are 15 years of age or younger. In addition, beginning riders are also more likely to become injured in an accident than those who have been operating ATVs for some time.

Major Types of ATV Injuries

By far, the most common injuries suffered on an ATV involve damage to the head, neck, or spinal cord. In fact, around 75% of all ATV injuries involve one or more of these areas. These injuries are also among some of the most severe, having the potential to cause paralysis, brain injury or even death.

Some of the other common injuries on ATVs are:

  • Broken bones
  • Concussions
  • Loss of limbs, hands or fingers
  • Severe cuts or lacerations

Getting Legal Help

After getting in a serious ATV accident, the last thing you want to worry about is how to make sure you win your legal case so you can pay your bills. The best way to minimize this stress is to hire a qualified legal representative. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

child injury guide

How Long Do You Have to Sue for a Party Injury

How Long Do You Have to Sue for a Party Injury?

A celebration can easily turn to tragedy whenever someone is injured while at a party. When such an injury occurs, many people resist filing a lawsuit because of the personal relationship they have with the party’s host. It’s important not to procrastinate too long, as there are statute of limitations on when a lawsuit may be brought.

Timeline for Filing

The timeline for filing a personal injury lawsuit is normally two years. This date is calculated from a day that is usually the earliest of:

  • The date the injury occurred
  • The date the injury was discovered, if harm was not immediately apparent
  • Date on which a person should have discovered the injury

When determining when a person should have discovered an injury, the courts will consider a number of factors, including when symptoms became apparent and the nature of the accident. As such, filing a claim in a timely manner is especially important, because if a judge determines that someone should have discovered an injury before he or she actually did, this could effectively bar that claim forever.

Cases against the Government

The statute of limitations changes dramatically whenever a government entity is involved. The law is written in such a way that suing a government agency becomes especially difficult. The statute of limitations is typically as little as 60 days. In many cases, an initial claim must be filed with the agency first, and a hearing conducted in front of an Administrative Law Judge (ALJ). It is only after all possible administrative relief has been exhausted that a lawsuit can finally be filed. These cases can also take longer to litigate once they are introduced to the court system due to the enormous amount of “red tape” that accompanies them.

Exceptions for Minors

Parents may file lawsuits for damages on behalf of their minor children. When they fail to do this before the statute of limitations expire, minors are not necessarily barred from obtaining relief. The statute of limitations in these cases is extended, and begins to run on the victim’s 18th birthday. The claimant would then have an additional 24 months from that time to file for relief.

Generally speaking, the sooner a claim is filed, the better the odds of recovering damages are. Evidence may be destroyed or become unavailable after time, meaning that proving negligence could be somewhat difficult. By filing a claim early on, individuals can also ensure they are not prohibited from obtaining relief because the statute of limitations has already expired.

Start Your Case Today!

The sooner you begin your case, the better. That’s why you need to hire a personal injury attorney today! Schedule a free case evaluation today by calling 713-222-1222.

child injury guide