2009 December | The Lee Law Firm

Archive for December, 2009

Not All Deaths May Result in Wrongful Death Suits

Monday, December 14th, 2009

Not every death results in filing a wrongful death lawsuit. Each state has different laws, so it’s best to check with an attorney first about what is required to file such a suit.

There are some circumstances where a personal injury may be severe enough that it results in the death of the person harmed. “This is not easy to deal with and when someone’s life is extinguished suddenly by the negligence of another person, it is a good idea to speak to a seasoned personal injury attorney to find out what legal rights exist in cases like this,” said Beverly Aylmer of The Lee Law Firm, Austin, Texas.

It doesn’t matter how the person died, whether it was as a result of medical malpractice, a trip and fall accident or in a car crash, those left behind in the wake of a loved one’s death are entitled to seek compensation for the pain and suffering caused by someone else’s negligence. “It’s necessary to speak to a skilled attorney about a wrongful death, as not ‘all’ deaths are wrongful deaths and people need to know the distinction in order to understand how the law works,” Aylmer added.

The first thing to understand is that a wrongful death suit is a “civil” suit and not a criminal action. A civil suit charges another person or entity for being liable for an injury or injuries that ended in a person’s death by “reason of negligent actions or a failure to act, which could foreseeably end in death.”

“Wrongful death suits exist in Texas because the Legislature passed a law allowing them. It is this law that lays out the requirements for filing such a lawsuit. In cases like this, the plaintiff has to prove that the deceased person would not have died but for the negligence of the defendant in the case,” explained Aylmer.

Discuss any possible wrongful death claim with an experienced Austin personal injury attorney, as this will clarify in which of the following areas compensation may be available, such as: pain and suffering before death; a lifetime of lost earnings; medical expenses ; property damage; death; loss of consortium (spousal services); and/or punitive damages.

The damages are designed to compensate surviving members of the family, such as a spouse, children or next of kin. Another form of damages that may be awarded is economic damages which may include money for financial contributions which the deceased would have made to the spouse, parents or children had that person survived.

“Other damages usually awarded in wrongful death cases tend to include compensatory damages, funeral expenses, medical expenses, and non-economic damages. A good personal injury attorney will be able to explain how wrongful death lawsuits work, and seek justice when the time comes,” stated Beverly Aylmer of The Lee Law Firm, Austin, Texas.

To learn more, visit http://www.rwleelaw.com.

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Workplace Lifting Injuries May Be Severe

Monday, December 7th, 2009

While most people associate construction worksites with slip and fall injuries, there are many other types of accidents that may happen. Back injuries and items falling may cause serious personal injuries.

Generally speaking most employers work hard at making their workplaces safe and focus on the safety of the employees. A lot of this time and effort is focused on slip and fall injuries, as they tend to be the most common. “However, it isn’t just slip and fall accidents that take place on job sites. For example, workers can severely injure their backs by heavy lifting or be badly injured or die when hit by falling objects, and that is just the tip of the iceberg,” outlined Beverly Aylmer of The Lee Law Firm, Austin, Texas.

Many worksites, while they offer variety in the type of work performed, are also varied enough to be hotbeds of possible accidents waiting to happen. Workers quite often sustain neck and shoulder injuries, which may severely affect their ability to perform on the job. “In fact, often very debilitating neck injuries are caused by collisions at the workplace, being hit with a heavy object or even whiplash as a result of an accident involving moving machinery or vehicles,” commented Aylmer.

Another often ignored area of severe injury may arise as the result of repetitive motions while working; e.g., hammering, repeatedly lifting items, constantly using a jackhammer or other equipment that requires doing the same motions over and over. While it might not seem like doing something every day is going to hurt anyone, the truth is it often winds up causing serious pain and disability. It may even result in the worker being unable to work for short periods of time or permanently.

“It would go without saying that chronic pain issues will limit the range of motion available to a worker, making concentration difficult if not impossible; another accident looking for a place to happen. In circumstances like this, the worker may be eligible to file for a workers’ compensation claim to help pay for medical expenses and other bills that pile up while they are recovering from an injury,” Aylmer explained.

If for some reason a worker is denied workers’ compensation, it’s time to speak to an experienced attorney and find out what legal options are available. “Keep in mind that the accident or injury must be reported to the employer because if it is not, there are no grounds for a legal claim against the employer,” added Beverly Aylmer of The Lee Law Firm, Austin, Texas.

To learn more, visit http://www.rwleelaw.com.

Tags: Austin injury attorney, Austin injury lawyer, Austin personal injury, Austin personal injury attorney, Austin personal injury lawyer
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DWIs and Drunk Driving Deaths in Texas

Friday, December 4th, 2009

Automatically drawing blood to test for the presence of alcohol if the police suspect a driver is DWI and refuses to blow; but what about the victims of drunk drivers and their rights?

It all started about a year ago when a very controversial way to enforce DWIs came into being. That was to take blood samples from those who refuse to blow in Dallas, Texas, if stopped for a suspected DWI. To say that this opened a whole new can of legal worms would be an understatement, and Texas attorneys are none too happy about the possible spread of this enforcement practice to other cities in the state.

Taking this blood sample is blatantly against a driver’s will and is done by an on duty judge who is able to sign and have a warrant executed for the mandatory blood test. Texas defense attorneys are adamant that this practice violates people’s constitutional rights and violates an unreasonable search and seizure of personal evidence.

Nonetheless, there is a very real issue at the core of this law enforcement practice that needs to be addressed; justice for those who have been severely hurt or killed by drunk drivers. Victim’s rights are vitally important when they have had their lives turned upside down by a drunk driver. The brutal reality of DWI is that these drivers don’t just injure or kills themselves, they hurt and kill others; innocent people who may have just been in the wrong place at the wrong time. Where is the justice in that?

Speaking of justice, in just the last ten years alone, over 250,000 people have died in alcohol-related accidents; over 25,000 die every year, approximately 500 are killed weekly, and 71 die daily in crashes involving drunk drivers. If you do the math, this mean that one American dies every 20 minutes in an alcohol-related car crash; and one out of every two Americans is likely to be involved in an alcohol-related accident in their lifetime.

Just recently a National Geographic report revealed that impaired drivers cost taxpayers an average of $21 – $24 billion a year and that alcohol abuse costs society about $136 billion, claiming an average of 65,000 lives a year. Those are very serious statistics and they drive home a harsh reality – drunk drivers are dangerous accidents looking for a place to happen and cause untold anguish and loss in more ways than one.

Whether the drunk driver is a binge drinker or not, meaning they had at least five drinks at a time, the end results are apt to be the same deadly destruction. If you are badly injured as a result of an accident involving a drunk driver you may be entitled to compensation from that driver or his insurance company. The compensation may include emotional distress, lost income (past and future) and payment for medical bills.

Every drunk driving personal injury case is unique and how those cases are handled is determined by your personal injury attorney who has had years of experience dealing with the courts to get victims of drunk driving accidents justice.

If you have been involved in an accident with a drunk driver and have been injured, or you have lost a loved one due to a drunk driver, speak to a highly skilled personal injury lawyer. Justice will be served and you will be able to get on with your life.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

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Product Recalls of Dangerous Goods

Friday, December 4th, 2009

It happens far more often than we’d like; the massive recall of a product we bought at the store. We didn’t expect it would hurt us, but it did hurt someone.

It’s a reasonable expectation that the goods we find on the shelf in the local big box retailer are safe for us to go ahead and use. If we also make sure to use the products as they are labeled, then this should make us even safer, and for the most part it does. We follow directions and instructions and things go pretty well, and then – it happens.

The accident we never saw coming happens because it just isn’t possible to label and warn everyone using a particular product about all of the “potential” dangers that the product poses. The honest to goodness reality of life in the 21^st century is that people who use the products can come up with more ways to use them than originally intended by the manufacturer. If you have been hurt by a defective product, it’s a smart move to speak to an Austin personal injury attorney.

Another wrinkle in dangerous product situations is a gap between the industry regulations and rule watchdogs, and the makers of the products reviewed before they are launched into the public domain. This opens up a hole big enough to drive an Army tank through; a crack in the regulations that may threaten the safety and even the lives of end users. It’s for reasons like this that victims of defective or dangerous goods have the ability to file a lawsuit against a negligent manufacturer. Taking the time to consult with an Austin personal injury attorney would clarify if you have a solid case or not.

Of course, negligence does need to be proved in order for the case to successfully conclude in an award for damages as a result of personal injuries sustained using a certain product. In a good majority of the cases in this area of the law, financial compensation may be requested for punitive damages, emotional distress, medical bills, and pain and suffering.

In this day and age, it is surprising the sheer number of products seemingly recalled on a daily basis. While just about any kind of a product may be recalled, there are some that seem to be in the recall limelight more often such as drugs, automobiles, car parts, children’s toys, fresh and frozen meat (usually beef), fresh produce (usually spinach and lettuce) and children’s furniture or other equipment. One more recent example is the massive recall of over 59 million Roman roll up blinds in Canada and the US; blinds that caused children to die as a result of strangulation from getting tangled in the cords.

Generally speaking recalls are only issued if the defective product has been responsible for numerous accidents or deaths, and it’s unfortunate that death has to occur prior to a recall being issued for some products. In most recalls involving children’s toys for instance, the usual reasons involve choking on small parts; lead paint on toys (usually imported); defective or dangerous designs; deadly side effects (drugs); chemical irregularities; and contaminated meats and other produce.

If you or someone you love has been injured by a product that has since been recalled or which you believe should be recalled, then it is important that you speak with an experienced Austin personal injury attorney.