Fiery 18-wheeler Accident

Fiery 18-wheeler Accident Claims a Life in Houston

An early morning accident on Tuesday claimed the life of one person and sent another to the hospital. The accident happened around 1:30 am on Highway 290. An 18-wheeler carrying apples hit the guardrail and lost control. Its gas tanks raptured, causing a fire. The truck ended up on its side, spilling apples onto the highway.

The driver of the 18-wheeler died at the scene. The passenger was ejected and received additional injuries trying to rescue the driver from the burning truck. The identities of the victims have not been released.

For more up-to-date information about this accident, visit MyFoxHouston

child injury guide

Bad Foster Homes Do I Have a Case for My Child's Injuries

Bad Foster Homes: Do I Have a Case for My Child’s Injuries?

Children are placed in foster care every day in an effort to protect them from harmful situations. Removing them from their home doesn’t always accomplish this purpose, as a number of them will be abused or neglected while in foster care. These children’s injuries are magnified by the emotional trauma surrounding their circumstances, and it can often take years for them to recover from it.

Types of Abuse

Children can suffer foster care abuse in a number of manners including:

  • physical
  • emotional
  • sexual
  • neglect
  • lack of supervision

The abuse is sometimes given at the hands of foster parents, but other times, other children in the same environment can also perform unwanted acts. When children in the foster care system become victims, they are often hesitant to tell anyone because they may feel that even worse things will happen if they do. As a result, they may suffer depression or emotional anxiety and may also perform poorly in school. Older children may even become delinquent, attempt suicide or run away from the home they have been placed in.

State’s Duty to Manage

The state of Texas has a duty to ensure that foster parents are properly screened, to include a thorough inspection of the home where children will be staying. Caseworkers also have a duty to check on children entrusted to their care, which can involve performing health and welfare checks on a regular basis. Failure to do these things could result in a negligent verdict in a court of law.

Parents’ Rights

It’s appalling to think that the very system that is designed to protect children sometimes leads to them being abused. This is even more true whenever the removal was unjustified in the first place. Good parents have been known to have their children removed from the home simply because investigators with Child Protective Services overstepped their bounds. When this is the case, the parents are victimized a second time.

When situations like this occur, a common question that ensues is whether or not a parent is entitled to compensation as a result of a child’s abuse. The answer to this question is almost always “yes.” Once a child is placed in foster care, the government assumes responsibility for his or her well-being, and bears the burden for any negligence or abuse that takes places afterwards. Parents are normally entitled to damages to cover physical injuries, and can even be awarded money for pain and suffering as well. Recovering these damages is never easy, and usually comes only after parents pursue legal action.

Get Legal Help Now

If you are tired of watching innocent children get injured due to negligent or abusive foster homes, then it’s time to do something about it. By hiring an injury attorney and suing bad foster homes, you will be setting an example that good parents won’t stand for such inexcusable behavior. Schedule a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

child injury guide

Water Park Injuries Can I sue

Water Park Injuries: Can I Sue?

Water park injuries are becoming increasingly common, as operators are adding more and more thrill rides and other attractions in order to attract guests. In addition to more dangerous equipment, many of them also take safety shortcuts to maximize their profit margins. When children are injured, parents may be able to recover damages as a result.

Dangerous Conditions

A number of injuries at water parks could easily be prevented, as they are typically caused by:

  • Improper supervision
  • Malfunctioning or improperly maintained equipment
  • Collisions with foreign objects in the water
  • Water rides that have a faulty design
  • Dangerous water slides

At the first sign of an unsafe condition, park operators should take steps to rectify the situation. This sometimes means that certain rides or attractions would have to be placed off-limits during the interim. Doing so could deter guests from visiting the park, so some managers will continue to allow patrons to access certain features anyway.

Types of Injuries

Injuries sustained at a water park can be serious, as the National Institutes of Health reports that the majority of them involve spinal or head injuries. Other injuries that a child might suffer include:

  • loss of extremities
  • paralysis
  • brain damage from near drowning experiences
  • serious concussions

Inadequate Medical Attention

When water park injuries occur, it is imperative that children receive the proper medical attention right away. Unfortunately, the right type of help is not always available at water parks, which means that children must wait for an ambulance to arrive before getting the care they need. During these critical moments, permanent brain damage or paralysis can sometimes result due to the lack of adequate medical care.

Preventing Accidents

Parents of young children have a right to be concerned about the possibility of water park injuries. One way to prevent them is to have a look around the park ahead of time in order to check for any hazards that might be present. Talking to others who have recently visited the park can be helpful as well.

Taking a proactive stance is not always enough to prevent child injuries at a water park, as some unsafe conditions cannot be discovered until it is too late. When an injury occurs, the owners of the water park are normally liable for damages. Most have insurance coverage in the millions of dollars to ensure that accident victims are fully compensated. Unpaid claims sometimes require legal action in order to settle them.

Legal Action

Watching your child suffer unnecessary injuries is one of the most painful things you will have to do as a parent. Not only is the physical trauma difficult, but so is handling the resulting financial bills. Thankfully, you can get justice by speaking with a qualified injury lawyer. Call 713-222-1222 today to schedule a free case evaluation.

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Here's What You NEED to Do if Your Child is Injured at Day Care

Here’s What You NEED to Do if Your Child is Injured at Day Care

Parents place a great deal of trust in day care centers, but sometimes their trust is betrayed whenever a child suffers an accident as a result of negligence on the part of workers. Some of these injuries may be rather minor, but other times they will require a trip to the hospital or even extended medical care. In some cases, children have even died due to negligent behavior by day care workers.

Most Common Causes of Day Care Injuries

There are a few things that commonly lead to day care injuries amongst children, a few of which include:

  • Not having enough personnel on hand to supervise children
  • Workers who are distracted
  • Failing to perform the proper background screenings before hiring
  • Poorly maintained facilities or equipment
  • Allowing children to play with toys that are not age appropriate

In addition to accidents, children may also become ill whenever workers fail to take the proper safeguards to prevent the spread of disease. Some examples include failing to wash their hands or maintaining unsanitary conditions.

Physical or Sexual Abuse

Injuries at a day care are tough enough for a parent to deal with when they are unintentional, but when they happen on purpose, they become even harder to comprehend. This is often the case whenever children have been the victim of physical or sexual abuse at the hands of a day care worker. Parents of these children have a double burden in that they must help their child deal with the trauma he or she has suffered while also dealing with their own feelings of grief and even guilt.

Parents who suspect their child has suffered physical or sexual abuse at a day care center should not take the matter into their own hands. Instead, the proper law enforcement agency should be notified so that an investigation into the matter can begin. This is important, as it is the only way criminal charges against a guilty party may be brought.

Steps after an Injury

After learning of a day care injury, parents should ask a few questions in order to get a better idea as to whether or not negligence has occurred. They should find out what happened, who was responsible, and what reasonable precautions could have been taken to prevent the accident. Pictures of the injury and accident location should also be taken if possible. Once all the information has been obtained, parents can use it to determine whether negligence has taken place, in which case legal action might be necessary.

Watching your child suffer is difficult for any loving parent. However, one way to make this process easier is by speaking with a qualified personal injury attorney who can represent you. Get a free case evaluation today by calling 713-222-1222.

*Image courtesy of freedigitalphotos.net

child injury guide

Has Your Baby Been Shaken Top Signs of Shaken Baby Syndrome

Has Your Baby Been Shaken? Top Signs of Shaken Baby Syndrome

The skulls of infants are less developed than those of older children or adults, which is why they can easily suffer serious injuries whenever they are violently shaken. Parents who regularly leave their babies with a childcare provider should know what the signs of Shaken Baby Syndrome are so that they can obtain help for their child if any of the signs are noticed.

Mild Symptoms

Some of the milder symptoms of Shaken Baby Syndrome may appear to be related to other illnesses, and may therefore not be identified as such right away. Some things that parents should look out for include:

  • Extreme irritability
  • Sluggishness
  • Loss of appetite
  • Vomiting

In some cases, the signs of Shaken Baby Syndrome may not be noticed at all. Whenever a child is repeatedly shaken, it may manifest itself as learning disabilities or behavioral issues as the child grows older.

Severe Symptoms of SBS

When an infant has been severely shaken, the signs are usually very obvious. Some things that might be noticed are:

  • Loss of consciousness
  • Seizures
  • Difficulty breathing
  • Bleeding from the eye or head area
  • Paralysis
  • Tremors
  • Sleeping disorders
  • Inability to follow objects with the eye

These signs indicate severe trauma has taken place, and requires immediate medical attention. Symptoms such as these may also be accompanied by broken bones, bruises or lacerations, which further serves as proof that a baby has been violently shaken.

Possible Health Consequences

Children who have been shaken by a caregiver may suffer long-term mental and physical effects as a result. They may suffer seizures, learning disabilities blindness or have impaired motor skills. Some who are violently shaken will unfortunately die from their injuries as well.

Parents of children who have been shaken by a caregiver are normally entitled to recover damages for medical care and emotional trauma in a court of law. The responsible party could also face criminal sanctions, particularly if a child dies as a result of injuries.

How is SBS Determined?

When a child’s injuries are severe, it is normally very easy to diagnose Shaken Baby Syndrome. When injuries are rather minor, making a diagnosis can be more difficult. Doctors may need to perform x-rays to check for injuries to the head, or might also look into the back of the eyes with a special light in order to check for bleeding behind them. In any instance, getting medical attention right away is important, as it could potentially save a baby’s life, and reduces the odds that shaking will cause long-term health problems.

Get Legal Assistance

If your baby has been shaken, then you may be incurring some hefty medical expenses. Hiring a personal injury attorney is one of the best ways to recoup these expenses. Call 713-222-1222 today to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

child injury guide

GM Recall Causes 303 Deaths

GM Recall Causes 303 Deaths

A recent report linked 303 deaths to faulty airbags in recalled GM vehicles. GM recalled 1.6 million vehicles with faulty ignition switches that could turn off the engine, which disables the airbags. The study by the Center for Auto Safety reviewed federal crash data and linked the deaths to this recall.

GM officials say that the report does not go into enough detail to draw meaningful conclusions, and call the claim “pure speculation.” However, GM is investigating the issue, and has linked the ignition switch to 12 deaths. Furthermore, they admitted that GM employees have known about this issue since as early as 2004.

A recent report by The New York Times claims that federal safety regulators received over 260 complaints about General Motors vehicles that suddenly turned off while being driven.
The recall covers the 2005 to 2007 Chevrolet Cobalt, the 2006 to 2007 Chevrolet HHR, the 2007 Pontiac G5, the 2006 to 2007 Pontiac Solstice, the 2003 to 2007 Saturn Ion, and the 2007 Saturn Sky. If you or anyone you know have been injured in any of these vehicles, please contact us for a free case evaluation.

For more information, visit bbc.com and nytimes.com.

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What is the Basis for Most Medical Malpractice Claims

What is the Basis for Most Medical Malpractice Claims?

Medical malpractice occurs whenever a healthcare worker acts negligently in providing patient care. This can be by failing to take the right safeguards to protect the patient’s health or by failing to provide the proper care for an individual. Doctors are typically thought of as being the ones that commit malpractice; however, nurses, medical assistants and even laboratory technicians can be guilty of it as well.

Requirements for Proving Malpractice

When bringing about a medical malpractice suit, there are certain things that must be shown before negligence will be determined. The basic requirements for filing a medical malpractice claim are:

  • That a practitioner-patient relationship existed
  • The practitioner was negligent
  • This negligence was the cause of an illness or injury
  • Damages ensued as a result

All of these things must be shown before relief can be granted in a court of law. Plaintiffs are generally required to prove it was “more likely than not” that these things happened in order to prevail.

Not Everything Qualifies as Medical Malpractice

When trying to determine whether or not medical malpractice occurred, it’s important to note that not every mistake made by a doctor or other healthcare worker qualifies. Likewise, simply being unhappy with a particular treatment is not enough to substantiate a claim of medical malpractice. In many cases, it will be necessary to have an expert witness testify as to the basis of care that should have been provided in order to gauge whether or not a provider was actually negligent.

Common Types of Malpractice

Healthcare malpractice can encompass a number of things, but there are a few common types that are more common than others are:

  • Failing to make a diagnosis
  • Making an inaccurate diagnosis
  • Recommending an improper treatment
  • Failing to recommend a treatment
  • Not giving ample warning about the risks of a procedure or treatment
  • Failing to obtain consent

Who is Responsible?

The responsible party in a malpractice case depends on who actually committed the offense. When it involves employees of a hospital, the administration of that hospital could be held liable for damages. If it occurred at the hands of a physician, the doctor could be held personally responsible. In extreme cases, there could be more than one responsible party that would need to be named in a lawsuit. Knowing who should be named in a lawsuit is very important, as petitioners who fail to name a responsible party could lose the right to bring suit against him or her at a later time.

Hospital injuries can be overwhelming without proper legal guidance. If you or a loved one has been injured in a hospital, then the best thing you can do is pick up the phone and call 713-222-1222 to schedule a free case evaluation.

*Image courtesy of freedigitalphotos.net

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amusement park injuries

Amusement Park Injuries: What Should You Do?

During the summer months, one of the most popular forms of family entertainment involves visiting an amusement park in Houston, Texas. While people head to these parks to have a good time, the sad truth is that a number of them will be injured in accidents during their visit. The high cost of maintaining amusement parks coupled with a downturn in attendance has led many operators to take safety shortcuts, often with devastating results.

Rides a Major Contributing Factor

A good number of amusement park injuries happen on rides. These injuries are caused by a number of things, which can include:

  • Faulty maintenance
  • Poor design and inadequate testing of new rides
  • Operator error
  • Failure to supervise patrons properly
  • Lack of safety inspections

It only takes one small thing to go wrong before a rider suffers debilitating injuries in Houston, Texas. One of the most common injuries that happen on amusement park rides is whiplash whenever the head or neck is suddenly thrust in one direction or another. Guests could also suffer broken bones, head injuries, brain or spinal cord injuries or concussions; in some cases, death may even ensue.

After an Amusement Park Accident

When an injury is apparent immediately, park staff should perform an immediate investigation into the matter before transporting the victim to the nearest hospital. This is so that other patrons inside the park do not meet a similar or even worse fate. Some injuries such as whiplash may not be noticed immediately after riding, in which case the park should be notified as soon as possible. Their reaction should still be the same-to provide an immediate investigation into the matter so that no one else is injured.

After receiving medical treatment, victims should file a claim with the park’s corporate office for their damages. Unfortunately, many people have difficulty settling their claim in this manner, leaving them with no other alternative than to take legal action.

If you are in this situation, then it’s important that you seek professional legal assistance ASAP so you can assess your options. Schedule a free case evaluation today by calling 713-222-1222.

Watch out! The Hidden Dangers of Playgrounds

Watch out! The Hidden Dangers of Playgrounds

According to the U.S. Consumer Product Safety Commission (CPSC), more than 200,000 children are injured each year on playgrounds, and about a dozen of them die. They also report that the majority of accidents occur for the same reasons, and that a good number of them could easily be preventable.

Faulty Equipment or Playground Design

Accidents are sometimes caused by faulty playground equipment or a poorly designed facility. For example, children could get their heads or torsos in between objects or have equipment such as swings or merry-go-rounds actually fall apart while they are being used. Pinched fingers in the chains of swings and climbing bridges along with cuts and scrapes from exposed metal are also common.

When equipment is not designed properly, the risk of entanglement also increases. As such, the space in between a slide and its platform could easily cause a child’s clothing or shoestrings to get caught, which could lead to sprains, broken bones or even strangulation.

Poor Maintenance

Playground injuries also happen whenever the facility is not maintained properly. Some of the maintenance issues that could lead to child injuries are:

  • Failure to replace rusty hardware on swings and slides
  • Not having the right type or amount of mulch underneath equipment to break falls
  • Replacing wooden structures that have rotted
  • Failing to provide guardrails on climbing equipment

Playgrounds can be especially dangerous when wet because equipment can become very slippery and difficult to hold onto. Injuries could easily be prevented if equipment were dried off after a heavy rain or snowfall. Equipment that’s located directly in the sun can also burn children, which is why it is a good idea to provide a shade or canopy over top of it.

Having a soft surface to break falls is also very important. A playground should ideally have between three and four inches of wood chips, shredded rubber or peanut hulls that completely cover the bottom of it if they are to provide adequate protection.

Visual Inspection

Parents should never take for granted that a playground is safe until a thorough inspection of it has been performed. This should include checking the thickness of mulch, looking for rusted hardware, and determining whether or not there are rusty or sharp edges present. Should unsafe conditions be discovered, the proper authorities should be contacted as soon as possible. Photographic evidence should also be obtained, as it could serve as proof of negligence in a court of law in the event a child is injured.

However, taking pictures isn’t enough. If your son or daughter has been injured on a playground, then you need professional legal assistance…and fast. Schedule a free case evaluation and call 713-222-1222 today.

*Image courtesy of freedigitalphotos.net

child injury guide

Been in an Accident? Take Pictures NOW to Preserve Evidence!

Determining fault in an accident is sometimes very difficult to do unless the right evidence is available. Photographic evidence can be especially helpful, which is why accident victims should take pictures and videos of the scene as soon as possible.

Taking Photos at the Scene

At the scene of an accident, pictures should be taken of all vehicles involved. There should be pictures taken from various angles, as this can help investigators determine what actually happened just before an accident. It is also a good idea to take several detailed pictures of any damage to the vehicles, as this can help prevent people from making fraudulent claims later.

Pictures of the accident scene can be helpful, but videos are even better. Videos can capture things that may not be easy to see in a still photograph, as it can show traffic or current weather conditions in much greater detail.

After the Accident: Revisiting the Scene

It is also a good idea to return to the scene of an accident a few days afterwards in order to take pictures or videos. By doing so, victims may be able to capture details that were previously overlooked. For example, a traffic light that doesn’t work properly or broken pavement might have contributed to an accident, but this fact might not have been known at the time. Making a return visit could just provide some missing pieces of the puzzle that could make proving damages much easier to do.

Photographs of Physical Injuries

Accident victims should also take photographs of their injuries whenever it is practical to do so. Many people are squeamish about doing this, but it can nonetheless be important. If possible, photographs of injured parties should be taken before people are moved, as this can also go a long way toward proving the exact cause of an injury. Even so, taking pictures should never take precedence over providing medical care or other assistance.

Validating Photographs

In a court of law, photographs may need to be validated by the person who took them before they can be used as evidence. The requirements for validating photographs varies, but can sometimes be a simple as a written affidavit from the photographer attesting to the time, date and place where they were taken. A personal injury attorney can be an excellent source of information when it comes to determining the requirements for validating photographs during any legal proceedings.

If you have been in an auto accident, the best thing you can do is speak with a qualified legal expert to learn what steps you need to take. Schedule a free case evaluation today by calling 713-222-1222.

child injury guide