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Verdicts & Settlements
  • Smalley v. Koch Industries; Koch Pipeline - a wrongful death case
  • Waldrip v. U-Hall - a personal injury case
  • Wiles v. Ford Motor Company - a products liability case
  • Bjerke v. Pierce Mortuary
  • Kahl v. Licker - a wrongful death case
  • Knight v. Dr. Steele & East Texas Anesthesiology
  • Kenyon v. Jerry Mooty, Jr. - a personal injury case
  • Avance v. H.B. Zackry Co. et al. - an automobile accident case
  • Burns v. Caterpillar - a products liability case
  • Skrine v. Victory Gym & Fitness - a personal injury case
  • Castleman v. America's Favorite Chicken - a work injury case
  • Pinales v. HI LITE Industries - a chemical injury case
  • Ogburn v. Sanmina-SCI Corporation - a personal injury case
  • Dunlap v. Excel Corporation - a personal injury case
Areas Of Our Practice

Mesquite Personal Injury Law Blog

Takata airbag recall: cost concerns took priority over safety?

You may be dating yourself if you remember the Ford Pinto. It was an economy car produced in the early 1970s that turned out to have a serious defect: when involved in a collision in which it was struck from behind, problems with its fuel system design meant that gas tank tended to explode. What made the Pinto legendary in the annals of product liability was that it turned out that the manufacturer knew of the defect, but chose to do nothing to correct it based on a simple cost calculation: the amount of money that the company expected to pay out in personal injury and wrongful death damages connected with Pinto gas tank fires was significantly less than it believed it would cost to recall the cars and fix the problem.

Fast forward to today, and it may be that we are witnessing another developing product liability case that involves a similar cost-benefit calculation: weighing the financial burden of correcting a design defect against the anticipated costs in terms of loss of life and pain and suffering from doing nothing about the problem. 

Could a brain injury affect your child’s sleep?

Growing up with cuts, bruises and knots on the head from playing outside are sometimes considered summer trophies for kids. And while most of the time these minor injuries simply heal themselves within a couple of weeks, some have a more lasting effect — and are often the least noticeable.

A recent study has shown that head injuries resulting in brain trauma (concussions) can potentially affect a child's sleep for the rest of their lives. These types of injuries, often caused by falling off a bike or playing a physical sport, are shrugged of much of the time by parents and coaches alike. But the old adage of kids healing faster does not seem to hold as much water.

When the worst happens, we can help

You are driving around Mesquite, enjoying the warm weather, and suddenly a drunk or distracted driver blows through a red light and T-bones your car. Now you are stuck in a hospital with multiple fractures and no way to pay for your bills, much less the hospital stay. And with the pain and frustration of rehabilitation, your life can be turned completely upside down in an instant.

There are all sorts of car accidents that could suddenly happen to anyone. And with more drivers on the road every day with more and more distractions, it seems the likelihood of getting in an accident goes up, too. 

Teenager suffers brain injury in parking lot

Young people often do not consider the consequences of their actions, and sometimes it is others who are affected the most. A 15-year-old girl sustained serious head injuries when she fell from the back of an SUV in Abilene. The SUV was in motion in a supermarket parking lot. After police and EMTs were called, she was rushed to Hendrick Medical Center. There, the doctors stated she was in critical condition. She was later transferred to a hospital in the Dallas-Fort Worth area for further treatment.

The vehicle was identified as a 2004 Mazda Tribute. It was being driven by a 17-year-old young man. Two other people were also in the car at the time of the incident. Officials have said that alcohol was not involved in the accident. 

Assisting families following the loss of a loved one

The emotional turmoil associated with the loss of a loved one in a fatal accident can leave a family unsure of what to do next. Usually, family members are so involved in making funeral arrangements and grieving over their loss that seeking compensation from the individual or entity responsible for their loved one’s death might be the last thing on their mind.

When a person dies from injuries suffered in a fatal boating accident or fatal car crash, the victim’s survivors might have a cause of action against the party whose negligence caused or contributed to the cause of the fatal accident. A wrongful death case is a cause of action in which relatives of the deceased may obtain compensation against a negligent party for damages, including:

What is boating under the influence?

With schools letting out and families flocking to the Gulf, lakes and other bodies of water, boats are becoming a much more common sight. It is also not uncommon to see a much more dangerous activity: boating while drinking. Many people do not consider operating a boat to be the same as operating another vehicle. After all, you're on the wide open water; why should it matter if you've been drinking?

When you look at the facts, it is evident that boating is a major pastime in Texas. There is more inland water here than in any other state. And with nearly 600,000 boats registered, it is evident we enjoy the aquatic lifestyle. But boating can be very dangerous, especially with an intoxicated operator. Texas saw more than 200 boating accidents in 2013, 22 of which included fatalities. In addition, there were also more than 200 boating while intoxicated (BWI) arrests.

What to Do After a Car Accident

Getting in a car accident while driving the streets of Mesquite can be a scary, and sometimes life-changing, event. You are probably going to feel lost and alone, especially if you were injured and are not sure what to do next. Here are a few things to remember if you are ever in a car crash.

Stay Put

Personal injury cases are complicated. Brain injury cases more so

The human brain is one of the most powerful (perhaps the most powerful) and complex structures in the history of creation on this planet, an electrochemical dynamo that still makes even the most modern supercomputers look simple. Yet for all its sophistication and problem-solving ability, the brain is also one of the most fragile parts of the human body. It can be easily damaged in a variety of ways, such as bruising or concussion from a traumatic source, or oxygen deprivation, or even by direct contact with foreign objects from penetration of the skull.

Once the brain is injured, recovery can be a prolonged and uncertain process. Despite advances in modern medical technology, rehabilitation is still almost as much art as science, involving multiple medical and non-medical fields and specialists to assist in recovering functions like balance, speech, spatial perception, concentration and even memory. Sometimes, if the injury is too serious, a full recovery may not be possible.

What is a products liability statute of repose?

Most people are familiar with the concept of the statute of limitations, which establishes the time limit within which a person must commence legal action after either the occurrence of the injury, or the plaintiff's discovery of the injury if it was not apparent at the time when it was inflicted. In Texas, the statute of limitations for a products liability lawsuit is two years.

The statute of limitations in Texas for products liability must be considered in connection with a second statute, which is known as a statute of repose. Texas is one of a number of states that imposes an additional time limit on products liability actions. Instead of using the date of injury or when the plaintiff discovered the injury, the statute of repose requires that any products liability lawsuit must be initiated no later than 15 years after the date on which the defendant sold the product.

Another Texas aviation accident has officials looking for a cause

When a car crashes on a Texas highway, the cause of the accident is usually readily apparent. The driver says he or she was going too fast for the weather conditions, or an animal darted across the highway in the path of the vehicle. The immediate aftermath of a plane crash or helicopter accident frequently has officials awaiting the results of an investigation before assigning cause or blame.

Such is the situation representatives of the Texas Department of Public Safety find themselves in following the emergency landing of a private twin-engine plane in a grassy area next to a road. The 63-year-old pilot and his two passengers were taken to a local hospital for medical treatment of their accident injuries. 

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