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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

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. 

Physical, psychological factors make burn injuries hard to treat

If you are involved in a car accident that results in severe burns, the burn injuries themselves – manifested in skin and other tissue damage – are serious in themselves. But what can make a burn injury even more difficult to treat are the additional medical and psychological issues that frequently arise in connection with them.

Physical complications: among the additional physical consequences that you can experience resulting from a burn injury are increased susceptibility to infections, including most notably a bacterial infection known as sepsis which can become life-threatening; hypovolemia, or low blood volume; inability to maintain body temperature due to the loss of skin tissue; respiratory problems; joint and bone problems arising from damage to muscles and tendons; and scarring. All of these can require additional and frequently expensive medical treatment, which often must be provided by specialized doctors and burn treatment facilities.

Texas doctor believes poor vision could lead to pilot error

Each and every day, Mesquite optometrists see patients whose vision is declining. Whether it is caused by the aging process or by disease or injury, failing eyesight that can be corrected with glasses is normally not a life-changing event. An optometrist in Texas now reports that strict FAA regulations could end the career of a commercial pilot whose eyesight is less than perfect.

At least one retired pilot admitted that concealing a medical condition to avoid being grounded is something that pilots have been known to do. The eye specialist said that he has seen personality changes in some of his patients when has informed them that their failing eyesight cold mean the end of their careers as pilots.

Product recalls are not limited to automobiles

2014 was a bad year for several car manufacturers, which had to issue recalls of vehicles for a variety of safety-related problems. Indeed, most of the time the term "recall" is associated with defective car parts such as faulty ignitions or airbags that do not inflate properly.

But a "product" can be much more than just a car, and for mass-marketed products that are discovered to have something wrong in their manufacture a recall may be the only way for the manufacturer to try to limit its potential liability. This is the situation being faced by Blue Bell, a food products manufacturer that has had to issue two recalls in the month of March.

Does "negligence per se" apply to car accidents in Texas?

The act of driving a car requires the person behind the wheel to observe a wide range of traffic safety laws, which govern activities like speed limits, right-of-way, acceptable turns and passing, insurance requirements, and much more. All of these laws can be found in Texas statutes.

Violation of traffic laws can lead to criminal sanctions ranging from speeding tickets to prison sentences. But in a civil negligence action, can another driver's violation of one or more traffic laws be something that you can use as evidence of negligence? The answer appears to be that yes, you can.

Texas statute of limitations for personal injury claims

A statue of limitations is a time limit within which an injured car accident victim must sue a negligent driver. A lawsuit filed after the statute of limitations expires could lead to the dismissal of the case.

Time limits for filing personal injury lawsuits in Dallas and other parts of the state are established under Texas law. For injuries suffered in an auto accident, the two-year general personal injury limitation applies. Someone suffering personal injuries due to the negligence of a reckless driver, a drunk driver or a distracted driver must file a lawsuit within two years from the date of the accident or risk losing the right to obtain compensation from the responsible party.

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