18 May 2012

Recent Fatal Accidents

Wrongful deaths occur in many unusual circumstances. Consider the following rare and unexpected occasions in which an individual lost his or her life, according to reports:

*A man suffered a wrongful death in an oil field accident. During oil extraction the earth in an oil field gave way – sucking the man into a sinkhole of oil liquid. His coworkers worked frantically to try to save him but were ultimately unable to. An official investigation of the incident determined that the death could have been prevented if the man’s employer had properly trained their employees about the risks of being in the oil field.

*A homeless woman suffered an ankle injury and went to a nearby emergency room where she was refused treatment. When she would not leave the police were called and she was arrested. She later died in a jail cell – her death was attributed to a blood clot that went to her lungs.

*A young man cycling through the city ran into the door of a car that was being opened up by the driver who had parked and was exiting. The cyclist was thrown from his bike and died from head injuries when he hit the pavement – he was not wearing a helmet.

If anything – these incidents demonstrate the fragility of life and how we need to be aware of our own actions as well as those around us.

Greg Baumgartner is a wrongful death attorney in Austin and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation about a potential wrongful death case call the Baumgartner Law Firm toll free at 1-866-758-4529.

14 May 2012

Birth Injury

Although it is becoming rarer – injuries that occur to a child during the process of being born, called birth injuries – do happen. There are a number of reasons for birth injuries including premature birth, overly large baby, prolonged and/or difficult labor and childbirth, or even the position of the baby as it enters the birth canal – breech babies are a perfect example.

Birth injuries could include forceps marks or bruising to the head or face (or elsewhere) as a result of physician assisted birthing or simply from making contact with the mother’s pelvic bones during birth. In addition, the baby may suffer caput succedaneum or a severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels through the birth canal.

Other injuries include facial paralysis which will be apparent after birth if a baby is unable to close an eye or use one side of its face. This may disappear over several weeks if the injury is only a bruised nerve – but sometimes the nerves are damaged to a point that they require surgery to be repaired. Surprisingly, babies may also experience a fractured clavicle or other bone during delivery – particularly if the baby is breech. Finally, one other serious birth injury is a form of palsy that occurs when the nerves of the child’s shoulder are bruised. The damage may disappear on its own over the course of a few days – or may be more serious and require surgery.

Greg Baumgartner is a Texas personal injury attorney who helps families seek civil justice after a serious injury or wrongful death of a loved one.

08 May 2012

Drowning Accidents

Drowning accidents can happen in many places – at the beach, at a motel pool, at an apartment complex, at a water park, in summer camp, and even in a backyard pool. If the victim is small (or young) enough a drowning can occur in only a couple inches of water.

Children seem to be especially prone to water accidents and there can be many complications upon revival – both short and long term that can be catastrophic, devastating and life-altering. What follows is the excerpt from a medical study about children in near-drowning accidents.

Nearly drowned children who experienced cardiac or respiratory arrest or an altered neurologic status often ended up developing anoxic encephalopathy (30%) after which nearly 40% of the victims died in the ensuing days, Another 35% were announced neurologically normal.

If the child does result in encephalopathy then spasticity may be a side effect. In addition, a common musculoskeletal problem is contracture, especially equinus, hip adductor, hamstring, and quadriceps. Hip subluxation or dislocation occurred in 34% as early as 1 month after injury. Scoliosis developed in 18%, with some requiring bracing and surgery. Thirty-one percent ambulated, and the rest were quadriplegic. Independent sitting or better function by discharge was a predictor of ambulation potential. Of the quadriplegics, 66% were dependent sitters.

The prognosis depends in large part on the duration of the submersion, which is often difficult to establish. However, submersion for over 5 minutes is unfavorable and hypothermia further complicates the prognosis.

There are many different pool safety devises that can help prevent a drowning accident and many are fairly inexpensive.

Greg Baumgartner is a drowning accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a pool accident lawyer call the Baumgartner firm.

06 May 2012

Experienced Wrongful Death Attorneys Make A Difference

It is hard to over emphasize the importance of experience when handling a very serious personal injury or wrongful death case. Attorneys with substantial experience in high dollar, high profile cases have a distinct advantage in moving a case forward.

Many times, these experienced wrongful death attorneys are available to handle the same case a less experienced attorney. In cases like product liability for 18 wheeler accidents, the difference in experience can be very important on the potential for positive outcome.

It is similar to hiring a builder to build a home, you would want to hire someone who had substantial construction experience and also you would want to go look at their product that they have built for other people. When selecting a wrongful death attorney, s few you questions that you want to ask are:
*How many cases like this have you handled before?
*What happened in that case?
*What was the result to the family?
*What is your peer review rating?
*Do you do any other type of practice–other than personal injury and wrongful death?

Each of these questions can give you insight into the choice that will best benefit your family. Often, a family will hire their “family attorney” or an attorney recommended by friends who may be a nice person, but they do not have the experience necessary for the best result for the family.

Be very leery of a wrongful death attorney who values the case or gives you a number before a full investigation has been done about the accident. Each case has 3 elements that must be analyzed in order to have any idea as to potential result. They are liability, damages and insurance coverage.

There can be cases where someone has been killed through the neglect and negligence of another and investigation reveals either no insurance or woefully inadequate insurance. There are other times, where the liability looks crystal-clear in the beginning and less clear as evidence comes in. Alternatively, there are cases that look very difficult to become much easier by evidence that is developed during the wrongful death lawsuit.

Changes horses in the middle of a race can be very difficult and that is why it is important that a family do their homework when they select a wrongful death attorney.

20 Apr 2012

Tort Reform and the Rise of Unnecessary Litigation In Texas

Seven years ago, Texas adopted some fairly significant “tort reform” provisions which had an unintended effect of making Texas families file more lawsuits to obtain fairness on a legitimate case.

Among the provisions that help the drunk driver and hurt the innocent victim are requirements for proving up medical expenses that have become (by virtue of recent court rulings on the new law) more expensive for the victim to process and also giving the drunk driver the benefit of the premiums paid for health insurance by the innocent victim–without compensating such victim.

Additionally, because the insurance companies have perceived much less risk to themselves since tort reform, the insurer is requiring a jury verdict to pay fair settlement to the innocent victim in a much higher number of cases. Unfortunately, for the victim and also for the insurance companies policyholder (who wants the matter settled but is forced into ligitagion by their own insurance company), many lawsuits are now filed and tried to verdict only because the insurance company refused to offer reasonable amounts prior to litigation. In other words the “see you in court” claims handling practice.

How can they do that? Is a question that we often hear once accident victims start talking money with the insurance company. The answer is simple–Texas does not regulate claims handling practices in such a manner to require insurers to be fair to anyone. Further, insurance companies have adopted approaches in some cases where they hire attorneys who are actually “employees” of the insurance company and pay them accordingly.

Finally, the insurance company runs up the cost to the Texas family by opposing everything and then using employees to defend the case at a reduced cost to the insurance company. In other states, employee attorneys have been addressed as a conflict of interest situation. In Texas, however, insurance companies seem to have been given everything they have asked for and far more.

The next time you hear an advocate on “tort reform” talk about the benefits of tort reform–ask them how you have benefited. The truth of the matter is our insurance premiums have continued to outpace other states without tort reform and the excess profits extracted from Texas families who are forced to buy manditory auto insurance have all been pocketed by the insurers.

A reasonable approach and one that has been adopted elsewhere is to require an insurance company reaping profits in our state to pay out a percentage of the premiums collected in actual claims. Texas has one of the lowest claims paid out percentages in the country.

This reasonable approach, served to do two things, first and foremost it keeps the cost of mandatory automobile insurance to a reasonable level for all Texas families. Secondly, it allows families in Texas to receive fair treatment from insurers as both a policyholder and also as an innocent victim of anothers negligence.

Greg Baumgartner is a personal injury lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a semi truck accident attorney call the Baumgartner law firm at 281-587-1111.

16 Apr 2012

Bizarre Accidents at a Car Wash

Accidents can happen anywhere, anytime but the most unusual (if not bizarre) are those that occur at car washes. For instance, reports indicate two women were seated in the waiting room of a car wash while their cars were being detailed when an out of control SUV crashed through the walls killing one woman and seriously injuring another.

In another report of a case, an employee of a car wash lost control of the vehicle he was navigating to the washing area and ran over two other employees – killing one and seriously injuring another. In another published account of a car wash accident – a student was struck at a school fundraiser and seriously hurt.

Finally, the equipment of an automatic car wash malfunctioned when the roller broke out a sunroof spraying glass all over the occupant and car – and allowing for extensive further damage to the vehicle. In addition, the woman suffered a back injury – her back literally broke.

When we think of dangerous experiences – visiting or working at a carwash is not one that usually comes to the forefront.

However, driving vehicles of any kind at any time – whether they are ones that are owned by other people or your own – combined with working near moving vehicles – are jobs that have a level of risk.

With summer setting in – and car washing being added to the list of weekly chores – this is a caution one should keep in mind. Whether the accident is caused by product defects, driver error or premises negligence – when the end result is a catastrophic injury or wrongful death then assignment of liability is sure to follow.

if you or a loved one have been injured in an accident in Texas and would like to speak with a Texas injury lawyer call the Baumgartner law firm.

School Shootings

Arguably one of the most difficult types of wrongful deaths to accept is one that is the result of a school shooting. Just recently there was another incident in California that left 6 university students dead. But school shootings have taken place across the grade levels from first through college. For the most part, this is a somewhat recent phenomenon in American schools and is distinguished from terrorist attacks. Violence (on school ‘campuses)’is not totally uncommon, though. According to one expert one-on-one public-school violence, such as beatings and stabbings or gang related violence, is more common in densely-populated areas such as inner-city or urban schools – in these cases 17 percent of city principals report at least one serious crime compared to10 percent of rural schools, and five percent of suburban schools.

As noted, there have been individual but surprisingly a regular number of incidences of school shootings dating back to the 1800’s. A quick review of the history of school shootings may bring some sense of relief to the reader because it puts today’s shootings in greater perspective – which is to say that it does not appear that this level of psychological maladjustment that results in these crimes is likely not much different than nearly two centuries ago.

The question becomes – who is to bear the civil liability for these wrongful deaths if anyone? And does the state laws give a university immunity?

In all, it’s a complicated issue that must be met with a decisive response as a measure of curbing future shootings.

Greg Baumgartner is a wrongful death lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with an Austin wrongful death attorney call the Baumgartner law firm.

12 Apr 2012

Wrongful Death Lawsuits

Wrongful death lawsuits are legal actions brought against an entity or person by the estate or survivors of a loved one believed to have lost their lives through negligence of another and can vary from state to state.

Wrongful death lawsuits generally have similar components. The first, and most important, is that the death is either due to negligent behavior or that in some limited cases (such as product liability) may be attached through the tort doctrine known as strict liability (largely watered down over the years by our courts and legislatures). With regard to negligence it must be provable that the defendant had a duty to act and failed to live up to that duty – and this lack of prudence resulted in the death of another.

Too, there must be surviving family or beneficiaries in order for the wrongful death lawsuit to be filed – otherwise it is only common sense that no one has been financially damaged by the death. This makes the components of a wrongful death lawsuit ‘cyclical’ – negligence, death, injured parties, lawsuit, award (not guaranteed).

In the end, one goal of the wrongful death lawsuit is to ascribe guilt and encourage negligent parties to alter the behavior that resulted in the death to begin with. Sadly, it will never bring the loved one back – but there is some comfort to be drawn from the justice of a wrongful death award – beginning with the application of guilt and acknowledgement of wrongdoing.

Often, a wrongful death lawsuit is the mechanism that allows the family to obtain closure.

Greg Baumgartner is a Texas wrongful death attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a tx wrongful death lawyer call the Baumgartner law firm at 281-587-1111.

02 Apr 2012

Accidental Shootings

There are thousands of incidences of injury and wrongful death by accidental gunfire in this country each year. In some cases it occurs because adults leave loaded guns lying around the house for children of all ages to pick up. Research shows that children as young as 2 years old have seen gun play and violence in movies, cartoons and on television often enough that they are able to emulate the behavior of pointing and shooting – all without any knowledge of the consequences of the action. The same is true in children up to their teenage years.

Accidental gunfire is just as possible when adults are handling firearms. Experienced or inexperienced does not seem to matter. Accidental shootings are one possible outcome any time there are guns in the vicinity. Accidental shootings can occur from horseplay such as when someone is drinking and picks up a gun, points and shoots it and the bullet hits another person. Another common example of an accidental shooting is when one friend is playing ‘chicken’ with another – believing they are firing the gun far away from a person when they actually shoot him or her.

In the case of an accidental shooting – family members of the victim should understand the following possibility. If the victim is shot in another person’s home and that homeowner is also the gun owner then potentially the Homeowner’s Insurance will provide coverage.

Loved ones have a right to demand justice for wrongful death due to an accidental shooting.

Greg Baumgartner is a tx wrongful death attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a Texas wrongful death attorney free no obligation consultation with a call the Baumgartner law firm at 281-587-1111.

25 Mar 2012

Recalled Baby Products

Although we’d like to believe that the safety standards for baby products are stringent enough to ensure our children’s security – there have been numerous occasions in which baby products have caused harm to infants. Unfortunately, defective baby products occur across the manufacturing spectrum. Everything from cribs to strollers and electronic devices designed to make life easier for the new parent – such as bottle heaters or baby wipe warmers – have brought about injuries. In some cases they have even led to the death of an infant.

It is a fact that defective baby products continue to be marketed and sold each year even after consumer complaints have been lodged. One case of this is the company that sold more than a million umbrella strollers here in the U.S. with allegedly faulty hinges that resulted in numerous amputations of babies’ fingers before being recalled in late 2009. At the same time over two million cribs were recalled after it was discovered that babies could become trapped in the space between the drop-side and mattress.

Nearly one hundred different products for children and babies are recalled annually but not before they have been purchased by unsuspecting parents and used with their child. Moreover, many parents remain unaware of the problems that can occur with that product or even the fact that the item has been recalled.

Stay informed about consumer product recalls.

Greg Baumgartner is a Houston child injury attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a Day Care accident attorney call the Baumgartner law firm at 281-587-1111.