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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

Brain injuries pose medical as well as legal challenges

Injuries resulting from an accident that the fault of which is attributable to someone else, or from a reckless or even purposeful act, can result not only in financial losses but also in forced changes to the way that you and your loved ones live. Nowhere is this more true than in the case of a traumatic brain injury.

Traumatic brain injuries can create challenges in a number of ways. Their manifestations can prevent you from working, thereby reducing if not eliminating your source of household income. The specialized medical treatment that they require can take a long time – sometimes even for the remainder of the victim’s life – and that can lead to burdensome if not devastating medical bills that your medical insurance may not cover completely.

Understanding Texas’ drunk driving laws

No matter what state you drive in, driving while intoxicated is illegal. But every state has their own laws regarding alcohol limits and punishments. While even driving with a buzz can be highly dangerous, it is important to understand what constitutes as drunk driving in Texas.

Like many other states, Texas defines driving while intoxicated, or DWI, as driving with a blood alcohol content of 0.08 percent or higher — if you are of legal drinking age. For minors, any detectable amount of alcohol on your breath is enough to be charged with an underage DWI. In addition, Texas has an open container law, meaning you cannot have an open bottle or can of alcohol in the car while driving.

Amusement park injuries

They say everything’s bigger in Texas, and that includes amusement and water parks. Many Texans love a good roller coaster or water slide to cool off in the summer. Yet, injuries can happen at these places. It is the responsibility of the park owners to make sure they do not. When they neglect this obligation, they may be held liable, especially if the accident results in wrongful death.

While customer interactions (such as a fight) are typically not the responsibility of the park, faulty rides and other hazards are. One of the most common incidents is a roller coaster or other ride getting stuck. Many times, this is simply chalked up to an inconvenience. But if a ride going 60 miles an hour suddenly comes to a stop, a potentially deadly brain injury could result. In the same light, other rides, like swings, that are not properly secured could result in catastrophic injury.

New Texas legislation may affect wrongful death claims

The Texas legislature has recently passed two new bills that can have an influence on the ability of non-state residents to file wrongful death claims in the state as well as the circumstances under which a defendant's net worth can be determined for purposes of assessing punitive damages.

House Bill 1692: This bill will change present Texas law concerning improper legal forum considerations. Up to now, even if the incident underlying a lawsuit did not take place in Texas, a Texas trial court still could not entertain a defendant's motion to dismiss the case as long as at least one plaintiff in the action is a legal resident of the state. 

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.

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