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# Schuelke Law

Austin Personal Injury Lawyer

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## Posts

- [Auto Accident & Workplace Injuries: Herniated Discs](https://civtrial.com/wrongful-death/trucker-with-prohibited-status-on-license-kills-two-in-school-bus-crash/) - In a devastating sideswipe crash between a school bus and a big rig, two families filed wrongful death lawsuits against the trucker, his company, and its owner. Those killed were a 33-year-old man and a 5-year-old prekindergarten child. There are at least five other lawsuits filed in connection with this crash. The fatal crash is
- [New Car Wreck Danger: Distracted Pedestrians](https://civtrial.com/auto-accidentspersonal-injuryspecial-resources/new-car-wreck-danger-distracted-pedestrians/) - I've often written of the problems of distracted driving, but today's Austin American Statesman had an Associated Press article highlighting an increasing problem, distracted pedestrians. We've all seen them (and admittedly, probably been them) --- the person walking down the street while texting, checking email, or listening to music oblivious to the rest of the
- [Leading Causes of Traumatic Brain Injury](https://civtrial.com/auto-accidentsnewsletterpersonal-injurypremises-liabilitysocial/leading-causes-of-traumatic-brain-injury/) - We represent a number of clients who have brain injuries, and I received this infographic the other day describing the causes of traumatic brain injuries. I thought it was brilliant, and I wanted to share it here.
- [Happy Thanksgiving & Safe Driving](https://civtrial.com/auto/happy-thanksgiving-safe-driving/) - We hope you have a great & safe Thanksgiving. It's easy to just celebrate Thanksgiving as a day of Turkey, football and food. But I hope that you do take a few minutes to take stock of your blessings. Unfortunately, Thanksgiving isn't just a day to celebrate; it's also one of the most deadly travel
- [Don't Be Penny Wise - Pound Foolish -- Why You Need An Injury Attorney](https://civtrial.com/news/attorney-brooks-schuelke-urges-proactive-measures-as-new-data-highlights-high-rates-of-nonfatal-traumatic-brain-injuries-in-the-u-s/) - A recent report from the Centers for Disease Control and Prevention (CDC) reveals alarming data on the incidence of nonfatal traumatic brain injuries (TBIs) in the United States, emphasizing the need for preventive actions to protect public health.According to the report, over 223,000 Americans were hospitalized with nonfatal TBIs, with unintentional falls and motor vehicle
- [Check Your Tires --- Tragic Caldwell County Wreck Yesterday](https://civtrial.com/auto-accidentssocial/check-your-tires-tragic-caldwell-county-wreck-yesterday/) - Yesterday, there was a horrific car wreck on Texas 130 in Caldwell County that killed 4 adults and left 5 more children injured. The wreck hits home as it occurred near the Texas 130/Schuelke Road intersection, and yes, Schuelke Road does refer to my family. The investigation is just beginning, but one suggestion is that
- [Lesson From Cedar Park:  Buy Uninsured/Underinsured Motorist Insurance](https://civtrial.com/auto-accidentspersonal-injury/lesson-from-cedar-park-buy-uninsuredunderinsured-motorist-insurance/) - Cedar Park made news earlier this week when the city declared that it's adopting a zero tolerance policy towards uninsured motorists --- every uninsured motorist stopped for a ticket or involved in an accident will now be given a citation instead of a warning. While I applaud the efforts, I also wonder, "Why now?" It shouldn't be
- [Auto Accident:  New Study Shows Stoned Drivers Are Safer Than Drunk Drivers](https://civtrial.com/auto/auto-accident-new-study-shows-stoned-drivers-are-safer-than-drunk-drivers/) - A new National Highway Transportation Safety Administration study has found that driving while drunk is more dangerous than driving under the influence of other drugs. Under the data, positive test results for several types of drugs found only small increases in the risk of a crash, but being under the influence of alcohol caused an
- [Do Personal Injury Lawyers Try To Scam You In The Settlement?](https://civtrial.com/auto-accidentspersonal-injurypremises-liability/do-personal-injury-lawyers-try-to-scam-you-in-the-settlement/) - This is from another Google search that someone used to find our website. I'd like to tell you unequivocally that the answer to the question is "No." But I can't (after all, we do a lot of legal malpractice work also so we know what lawyers are capable of doing). In truth, it's really rare
- [Schuelke Law Firm Discusses Austin's High Rate of Drug and Alcohol-Related Accidents](https://civtrial.com/auto/schuelke-law-firm-discusses-austins-high-rate-of-drug-and-alcohol-related-accidents/) - Experienced Austin personal injury attorney Brooks Schuelke reviewed the most recent findings from the Vision Zero program. Austin's Vision Zero program aims to reduce and ultimately eliminate traffic-related fatalities and severe injuries in Austin, Texas. The program is part of a broader global movement known as Vision Zero, which prioritizes safety and aims to create
- [Texas Dog Bite Attorney Brooks Schuelke Advocates for Victims Amid Rising Incidence of Dog Attacks](https://civtrial.com/dog-attacks/texas-dog-bite-attorney-brooks-schuelke-advocates-for-victims-amid-rising-incidence-of-dog-attacks/) - As the bond between humans and canines continues to thrive across the United States, Texas dog bite attorney Brooks Schuelke is on a mission to ensure justice for victims of dog attacks, with alarming statistics revealing the widespread prevalence of dog bites and their devastating consequences, Schuelke advocates for those harmed by negligent pet owners.
- [Schuelke Law Discusses How Large Verdicts Demonstrate the Devastating Impact of Personal Injuries](https://civtrial.com/personal-injury/schuelke-law-discusses-how-large-verdicts-demonstrate-the-devastating-impact-of-personal-injuries/) - According to a 2024 study, there are over 39 million personal injury cases that require some form of medical treatment. The Bureau of Justice Statistics also revealed that 3-4% of personal injury cases went to trial.With the need for immediate and ongoing medical treatments after a serious accident, it’s no wonder why large verdicts are
- [Texas's Texting While Driving Ban Goes Into Affect Today.  Will It Make You Less Safe?](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/texass-texting-while-driving-ban-goes-into-affect-today-will-it-make-you-less-safe/) - Today, Texas's new texting while driving ban goes into affect. For the first time, Texas will have a state-wide ban. A violation of the ban is a misdemeanor, with fines between $25 and $99 for first time offenders and $100 to $200 for repeat offenders. For years, I've been critical of Texas officials for their
- [Car Wrecks:  Rick Perry Puts Politics Over Safety With Veto of Texting-While Driving Ban](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/car-wrecks-rick-perry-puts-politics-over-safety-with-veto-of-texting-while-driving-ban/) - I try not to talk too much about politics here, but the I do have an exception for tort reform issues and safety issues. Last Friday, Governor Perry made what I think is a dangerous decision on a safety issue. One of the good things to come out of this legislative session was HB 242,
- [Drivers Aren't Being Smart With Their Smart Phones](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/drivers-arent-being-smart-with-their-smart-phones-2/) - AT&T released the results of a scary study this week finding that smart phones are allowing people to drive while distracted in new and "creative" ways. According to the study: 61% of drivers surveyed admitted that they text and drive 33% admitted emailing while driving 28% admitted surfing the internet while driving 27% admitted using
- [No Pokemon (ing) While Driving](https://civtrial.com/auto-accidentsblogpersonal-injurysocial/no-pokemon-ing-while-driving/) - Fairly typical questions we ask and investigate in car wreck cases are whether the driver was distracted by talking on the phone or texting while driving. Now, I might have to start another series of questions after the introduction of Pokemon Go. Pokemon Go is an app game that was released a few days ago,
- [Don't Let GEICO Or Other Insurance Companies Take Advantage Of You After A Car Wreck](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/dont-let-geico-or-other-insurance-companies-take-advantage-of-you-after-a-car-wreck/) - Here are today's two lessons from a court decision yesterday: (1) Take your time before settling your case. (2) Talk to a lawyer before settling a case. I often warn victims of car wrecks or other accidents to be aware of insurance companies' "swoop and settle" tactics. In these situations, the insurance company (GEICO seems
- [Insurance Recorded Statement: Beware This Seemingly Innocent Question](https://civtrial.com/auto-accidentsnewsletterpersonal-injury/insurance-recorded-statement-beware-this-seemingly-innocent-question/) - "If we get some of your bills, do we have permission to pay your medical providers directly?" That's a question that I've started seeing when GEICO takes recorded statements of some of my clients (and I can only assume that other insurance companies will follow behind). It seems innocuous. The client says, "yes." Of course,
- [Another Reason To Buy Uninsured Motorist Coverage - Hit-And-Run Wrecks Are On The Rise](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/another-reason-to-buy-uninsured-motorist-coverage-hit-and-run-wrecks-are-on-the-rise/) - Earlier this week, AAA released a study finding that hit-and-run wrecks are an increasing problem. Among the study's findings: A hit-and-run wreck occurs every minute on US roads Hit-and-run wrecks are increasing, with hit-and-run deaths increasing particularly fast One in eight wrecks involves a hit-and-run driver In 2016, there were 2,049 hit-and-run deaths, a record
- [Drivers Aren't Being Smart With Their Smart Phones](https://civtrial.com/blog/drivers-arent-being-smart-with-their-smart-phones/) - AT&T released the results of a scary study this week finding that smart phones are allowing people to drive while distracted in new and “creative” ways. According to the study: 61% of drivers surveyed admitted that they text and drive 33% admitted emailing while driving 28% admitted surfing the internet while driving 27% admitted using Facebook
- [Have A Safe Boating Weekend](https://civtrial.com/blog/have-a-safe-boating-weekend/) - Memorial Day Weekend traditionally kicks off Austin's boating season, which promises to be especially good this year since Lake Travis and other area lakes are finally full. Unfortunately, it seems like every Memorial Day weekend also brings with it at least one serious boat crash that results in serious injuries to those involved. As you're
- [Stages Of A Personal Injury Claim: Investigating Damages and Gathering Records](https://civtrial.com/news/stages-of-a-personal-injury-claim-investigating-damages-and-gathering-records/)
- [How To Start The 2025 Austin School Year Right: Critical Safety Tips To Keep In Mind](https://civtrial.com/personal-injury/how-to-start-the-2025-austin-school-year-right-critical-safety-tips-to-keep-in-mind/) - August means the start of the school year for Texas school districts. As school resumes, adjusting to the new schedule calls for additional caution when traveling, according to the Texas Department of Public Safety. Several hazards occur during the back-to-school season. First, school schedules mean that school buses are on the road once again. Drivers
- [Brain Injuries: From Waves To Wins](https://civtrial.com/personal-injury/brain-injuries-from-waves-to-wins/)
- [Austin Personal Injury Lawyer Brooks Schuelke Indicates Medical Misdiagnosis is on the Rise](https://civtrial.com/firm-news/austin-personal-injury-lawyer-brooks-schuelke-indicates-medical-misdiagnosis-is-on-the-rise/) - Statistics show that family practitioners and general internists get the diagnosis wrong a relatively high number of times when a person is having a heart attack. A very recent study on heart attack diagnosis released by the Physician Insurers Association revealed that malpractice in this area is quite high among family practitioners and general internists.
- [Texas Medical Malpractice Reform and More Docs, part 2](https://civtrial.com/medical-malpractice/texas-medical-malpractice-reform-and-more-docs-part-2/) - Last week we posted about the New York Times article on the alleged influx of doctors as a result of Texas's medical malpractice reform. Since then, the New York Personal Injury Blog has chimed in (with interesting stats that we wish we had thought to look for), and Bill Childs Torts Profs' Blog has posted
- [Single Vehicle Wreck Kills One](https://civtrial.com/auto-accidentstrucking-accidents/single-vehicle-wreck-kills-one/) - An I-80 car wreck near San Francisco Bay continues to baffle authorities as the lone survivor doesn’t recall the details of the wreck. “This case turned out to be a bit of a mystery in more ways than one. It seems the single vehicle wreck killed the driver and seriously injured a passenger. When EMS
- [On-the-Job Accidents May Be Deadly](https://civtrial.com/workplace-accidents/on-the-job-accidents-may-be-deadly/) - Highway construction zones pose unique dangers to construction workers. One recent wreck shows the potential tragedy posed by construction zones. “This is a case we heard about from Indiana that involved the death of a construction worker who was filling potholes in a closed off area of the local expressway. It was officially listed as
- [Even with Icy Roads, Drivers Should Adjust Their Speed Accordingly](https://civtrial.com/auto-accidentstrucking-accidents/even-with-icy-roads-drivers-should-adjust-their-speed-accordingly/) - Slick roads cause accidents. Drivers need to drive according to the weather conditions. Just recently in Fort Worth, Texas, there were two deadly accidents attributed to the icy road conditions. It had just snowed, and the roads were particularly dangerous. The police were busy that night responding to the two wrecks, one on the East
- [Wrongful Death and the Babysitter](https://civtrial.com/wrongful-death/wrongful-death-and-the-babysitter/) - Two small, unrelated infants lost their lives when under the care of a babysitter. The family of one of the victims sued the babysitter and the people who recommended her. In this sad case, a babysitter was linked to two infant deaths a mere 11 weeks apart. The 43-year-old woman is facing a wrongful death
- [Arbitration Is Good Enough For You, But Not Businesses](https://civtrial.com/litigation/arbitration-is-good-enough-for-you-but-not-businesses-2/) - Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements. Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren't using them in business to business contracts. The article is based
- [The U.S. Chamber of Commerce Called Out](https://civtrial.com/litigation/the-u-s-chamber-of-commerce-called-out-2/) - Attorney and CBS News analyst Andrew Cohen had a great opinion piece Saturday calling out the US Chamber of Commerce entitled "Made in America: Corporate Gall --- On Corporations Seeking to "Reform" the Very System They Broke." It's an oustanding article, and I would cut and paste the entire thing if I wasn't afraid of violating copyright
- [Dallas Morning News: Malpractice Caps Not Reducing Health Costs](https://civtrial.com/medical-malpractice/dallas-morning-news-malpractice-caps-not-reducing-health-costs/) - Today's Dallas Morning News ran a story that looked at whether the cost of health care has declined since the adoption of Texas's medical malpractice caps. The evidence concludes that the caps aren't reducing health care costs for consumers. Six years after the caps were passed, the doctors have enjoyed lower insurance rates (though rates
- [Barratry, Solicitation and More: The Harassment of Accident Victims](https://civtrial.com/personal-injury/barratry-solicitation-and-more-the-harassment-of-accident-victims/) - The image that 90% of the population has of those of us that are personal injury lawyers is of some greedy jerk using deception or illegal tactics to pursue claims. For most of my brethren, that caricature couldn’t be further from the truth. But for some attorneys, it’s accurate, and it couldn’t be more disgusting.
- [In Study Of Truck Drivers, Texting While Driving Proves To Increase Risks Of Wrecks By Large Margins](https://civtrial.com/trucking-accidents/in-study-of-truck-drivers-texting-while-driving-proves-to-increase-risks-of-wrecks-by-large-margins/) - Today's New York Times released a study finding that texting while driving greatly increased the risk of collision. The study, performed by the Virginia Tech Transportation Institute, put video cameras in the cabs of long-haul trucks and watched the drivers and the road. The study found that when the drivers texted, their collision risk was
- [Case Running](https://civtrial.com/personal-injury/case-running/) - I have previously written about my disdain for plaintiff's lawyers or chiropractors illegally soliciting cases. Today Eric Turkewitz, author of the famed New York Personal Injury Lawy Blog, had a great post, Ambulance Chasers, Runners, and Other Creeps, that reinforces the idea that personal injury trial lawyers are generally good guys that oppose unethical practices despite the
- [The Prevalence of Sexual Harassment](https://civtrial.com/employment-discrimination/the-prevalence-of-sexual-harassment/) - Sexual harassment is always in the news in the US. But the US is not alone in having a problem. In the past week to ten days, there have been numerous news stories about international sexual harassment issues. Topping the list are sexual harassment claims against members of the Israeli government. The Israeli Justice Minister
- [Medication Errors](https://civtrial.com/medical-malpractice/medication-errors/) - Study after study shows the frequency of medical errors. However, a recent study by the Institute of Medicine brought to light the alarming rate of medication errors. According to the study, medication errors affect more than 1.5 million Americans annually, killing thousands. The rate of error was particularly surprising in hospitals. The report found that
- [A Lesson Learned From A Capital Metro Bus Wreck](https://civtrial.com/auto-accidentspersonal-injury/a-lesson-learned-from-a-capital-metro-bus-wreck/) - Both KXAN and Fox7 reported last night on a collision between a Capital Metro driver and a pedestrian. The story caught my attention because I've been on both ends of that. I've represented a number of people, including one pedestrian, that have been hurt in wrecks with Capital Metro. And I've also had the pleasure
- [Wrongful Testicle Removal Prompts Lawsuit](https://civtrial.com/medical-malpractice/wrongful-testicle-removal-prompts-lawsuit/) - Having a testicle biopsy is one thing. Waking up to find the testicle surgically removed is another. This case is a difficult one and one that the plaintiff never dreamed would ever happen. The story unfolded fairly quietly to begin with when 23-year-old Karl Ruby (names have been changed to protect the victim and their
- [Deadly Construction Worksites](https://civtrial.com/personal-injuryworkplace-accidents/deadly-construction-worksites/) - Crane accidents are on the rise at construction sites in the US. Many of these accidents involve fatalities. “A Port Arthur, Texas, refinery had some bad news recently when a contract construction worker was killed after a crane accident at a work site. The mishap happened in an area slated for further expansion, which was
- [You Should Worry While You Walk](https://civtrial.com/personal-injury/you-should-worry-while-you-walk/) - Premises liability isn’t easy to understand. Generally speaking, owners are responsible to keep their premises safe. Premises liability is an area of the law that holds property owners and people who legally occupy property responsible for injuries that happen on their land. As an example, let’s say you were in a grocery store and you
- [Out of Control Car and Big Rig Collide](https://civtrial.com/auto/out-of-control-car-and-big-rig-collide/) - No one knew why the car was being driven so erratically. The consequences were death by 18-wheeler. This particular accident was not only tragic, but hard to explain. The driver of the car involved was swerving erratically all over the highway, lost control and went into a spin that swept the car across the center
- [The Life of a Trial Lawyer](https://civtrial.com/litigation/the-life-of-a-trial-lawyer/) - Today, the whole firm feels like the bride that was left stranded at the alter. We were supposed to start a three week trial yesterday. It is a complicated case, originally filed in September 2004, with over 10,000 documents exchanged between the parties. We have all (attorneys and staff) cut summer vacations short and worked feverishly to
- [Spine University](https://civtrial.com/personal-injury/spine-university/) - Many of our personal injury and medical malpractice clients suffer from some type of back issues. An orthopedic group has set up an online Spine University that provides a wealth of information that clients might find helpful. The site includes information on the structure of the back, tests, and medical care for various back conditions
- [Pregnancy Discrimination](https://civtrial.com/employment-discrimination/pregnancy-discrimination/) - As a result of a large settlement by Verizon, pregnancy discrimination has been a hot topic in the legal and popular press over the last few months. While most employers are aware that they can’t discriminate based on age, sex, or race, many employers and employees are unaware of the Pregnancy Discrimination Act, an amendment
- [Pattern of Greed](https://civtrial.com/litigation/pattern-of-greed/) - Following up our post on Trent Lott, the insurance industry’s conduct in relation to Hurricane Katrina continues to be in the news. Yesterday, the grassroots group People Over Profits released their report Pattern of Greed: How Insurance Companies Put Profits Over Policyholders. The report outlines the group’s complaints about how the insurance companies handled claims
- [Frivolous Lawsuit Defenses](https://civtrial.com/litigation/frivolous-lawsuit-defenses/) - Tort reform advocates are always quick to point blame for frivolous lawsuits. But they never address frivolous defenses — unnecessary conduct by defendants that drive up the costs of all litigation. But one case last week is making some news and shedding light on some of these abuses. On August 18, 2006, Judge Leonard Davis,
- [Katrina claims - revisited](https://civtrial.com/litigation/katrina-claims-revisited/) - With the one year anniversary of Hurricane Katrina, the handling of Katrina claims continues to be in the news. Tonight’s episode of 20/20 will feature the claims of two former State Farm insurance adjusters who believe State Farm committed fraud in the handling of Katrina claims. Among other things, the adjusters allege that State Farm hid engineering
- [Medical Malpractice From A Consumer’s Perspective](https://civtrial.com/personal-injury/medical-malpractice-from-a-consumers-perspective/) - A recent article in the Detroit News describes General Motors’ costs due to medical errors and inefficiencies and GM’s effort to force reform in the Detroit area. The real attention-getter in the article comes from the introduction: Sam Shalaby is a car guy. He used to run a Delphi components plant in Dayton, and his language is
- [Hourly Billing](https://civtrial.com/general/hourly-billing/) - You might remember John Grisham’s novel, The Firm. Law school grad Mitch McDeere gets a job offer he can’t refuse from a “small” Memphis law firm. Unfortunately, once employed, he learns that his firm is full of all types of unsavory characters. Caught in their web, Mitch needs a way out and ultimately decides to
- [Legal Malpractice on the Biggest Stage](https://civtrial.com/general/legal-malpractice-on-the-biggest-stage/) - Legal malpractice comes in many forms, but one of the most common forms is the missed deadline. Recently, one poor attorney had the misfortune of missing a deadline on the biggest stage there is — before the US Supreme Court. One upshot of the error is it demonstrates the collegiality among the Supreme Court bar,
- [Troubles at the Food & Drug Administration](https://civtrial.com/personal-injury/troubles-at-the-food-drug-administration/) - Last Friday, the Institute of Medicine, part of the National Academy of Science, released a report titled The Future of Drug Safety: Promoting and Protecting the Health of the Public. According to the IOM’s summary, the report findings include: There is a perception of crisis that has compromised the credibility of FDA and of the
- [Homeowners’ Association Litigation](https://civtrial.com/litigation/homeowners-association-litigation/) - Our firm has represented homeowners and homeowners’ associations in numerous matters for years. One of the things we have learned is that there are few places with more petty politics than homeowners’ associations. A recent case from one of the Houston Court of Appeals demonstrates that point nicely. In the lawsuit, the HOA claimed that
- [The Flight From Arbitration](https://civtrial.com/litigation/the-flight-from-arbitration/) - For years, arbitration clauses have been popping up in the fine print of consumer contracts almost to the point where it is hard to find a consumer contract that doesn’t require mandatory arbitration. If you have a potential claim against a credit card company, bank, phone provider, architect, or even an attorney (and shame on
- [Texas Personal Injury: Remember the Two Second Rule](https://civtrial.com/personal-injury/texas-personal-injury-remember-the-two-second-rule/) - No, we’re not talking about cookies dropped on the floor. Think back to driver’s ed when you learned that you should follow two seconds behind the vehicle in front of you. Tailgating and aggressive driving are two of the leading causes of automobile wrecks. And now, police departments across the country have started taking action. A
- [Supreme Court Scorecard](https://civtrial.com/litigation/supreme-court-scorecard/) - Texas Watch, an advocacy organization set out to improve consumer and insurance protection for Texas families, has published its Consumer Scorecard of Texas Supreme Court Justices. After reviewing all consumer cases from the Court’s 2005-2006 term, Texas Watch gave each justice the grade of “F.” In reaching those rankings, the survey had several startling findings:
- [Consumer Protection From Washington?](https://civtrial.com/litigation/consumer-protection-from-washington/) - The last few years have been difficult for consumers on the federal level. More and more legislation provides immunity to various businesses for defective products or drugs, and new agency level interpretations of existing statutes have been interpreted as preempting more favorable state laws. But the last few weeks have brought some small glimmer of
- [Arbitration and the Godless Bloodsuckers](https://civtrial.com/litigation/arbitration-and-the-godless-bloodsuckers/) - We have often written about problems with mandatory arbitration, but even we were shocked by the allegations made by Richard Neely, a former justice of the West Virginia Supreme Court, about the National Arbitration Forum, one organization that provides arbitrators for commercial disputes, in his article, Arbitration and the Godless Bloodsuckers. Neely describes his solicitation
- [Texas Personal Injury News: Safer Vehicles](https://civtrial.com/personal-injury/texas-personal-injury-news-safer-vehicles/) - This morning, the Insurance Institute for Highway Safety released its list of top safety picks for 2007 vehicles. This list looks radically different from last year’s list because the Institute required all picks to have electronic stability control, a feature that has a proven track record in helping avoid one vehicle accidents. We encourage anyone
- [Medical Malpractice: Costs for medical mistakes](https://civtrial.com/medical-malpractice/medical-malpractice-costs-for-medical-mistakes/) - In reviewing medical malpractice cases, we’re not really surprised by the rate of malpractice. But we are surprised by the number of medical providers that routinely bill patients and insurance companies for the care that went wrong and, even more appalling, for the care needed to correct the initial mistakes. In the past, individual patients
- [Holiday Toy Safety](https://civtrial.com/general/holiday-toy-safety/) - In time for the holidays, the US Public Interest Research Group has just released their 2006 list of dangerous toys. There are the usual suspects of toys that may have choking hazards or dangerously loud noises, but two new threats show up this year. Increasingly popular are toys that contain small, high powered magnets. These
- [Litigation as a source of reform](https://civtrial.com/litigation/litigation-as-a-source-of-reform/) - Today’s Washington Post contains a story documenting how the emergency room death of a teenage daughter and the resulting litigation and uproar led to a series of reforms that revolutionized the medical education system. That kind of information is not news to us. For years, trial lawyers have used litigation and the threat of litigation
- [Personal Injury Lawyers: A Few Bad Apples](https://civtrial.com/personal-injury/personal-injury-lawyers-a-few-bad-apples/) - It’s no secret that trial lawyers, in general, and personal injury lawyers, in particular, have a bad name. We like to believe that this reputation is caused by a few bad apples that really do deserve the name “ambulance chasers.” An undercover story yesterday by WOAI television in San Antonio revealed a situation where one
- [Wrong Side, Wrong Procedure, Wrong Patient](https://civtrial.com/medical-malpractice/wrong-side-wrong-procedure-wrong-patient/) - “If you are having surgery, make sure your doctor marks the proper surgical site clearly — and initials it.” That’s a recommendation from a recent Washington Post article titled HEADED FOR THE HOSPITAL? HERE’S HOW TO PROTECT YOURSELF. That sounds a little extreme doesn’t it? While the hospitals may screw something up, surely they’ll get
- [The Medical Malpractice Crises: Was the sky really falling?](https://civtrial.com/medical-malpractice/the-medical-malpractice-crises-was-the-sky-really-falling/) - Dallas attorney John Browning, who represents doctors and hospitals in medical malpractice cases, wrote an insightful opinion piece in his local paper earlier this week. His article, Is The Sky Really Falling?, addresses the alleged medical malpractice crises. Mr. Browning’s piece includes this conclusion: If President Bush had listened to Mrs. Thornton’s tragic tale, he
- [Sweatshop on Wheels](https://civtrial.com/personal-injury/sweatshop-on-wheels/) - Trucking accidents are a concern for all drivers, but two new articles in the New York Times and Chicago Tribune really bring those dangers to light. Each article highlights the dangers caused by truckers' long work hours, though they both have different views on the cause of the long work hours. The Tribune article lays
- [Insurance Companies: Service or Shenanigans](https://civtrial.com/litigation/insurance-companies-service-or-shenanigans/) - Last week, the Kansas City Star ran a series of articles it titled Insurance Companies: Service or Shenanigans. According to the first article in the series, the paper spent 11 months examining insurance problems, including an analysis of a national database with more than 600,000 complaints filed from 2003 through 2005. In all, the newspaper
- [Austin Auto Wrecks --- Fighting Driver Inattention](https://civtrial.com/personal-injury/austin-auto-wrecks-fighting-driver-inattention/) - The risks of driver inattention have been well documented. As far back as February 1997, the New England Journal of Medicine published a study finding that people who drive while talking on cell phones are four times more likely to be in car wrecks than others. And we suspect the same type of results would
- [Presidential Hopefuls on Tort Reform](https://civtrial.com/general-litigation/presidential-hopefuls-on-tort-reform/) - In the wake of the President's State of the Union address, the Illinois Justice Project had a short rundown of the 2008 presidential candidates' views on tort reform. The post should be interesting to anyone interested in civil justice issues. Thanks to the TortsProf blog for the link. To contact Austin Personal Injury Lawyer, Austin
- [Medical Malpractice: More Docs in Texas](https://civtrial.com/medical-malpractice/medical-malpractice-more-docs-in-texas/) - In medical malpractice news, an increase in Texas doctors is the front page news of this morning's New York Times. Backers of tort reform point to this as evidence that the limits on medical malpractice awards are doing their job. But that analysis may be too simple for several reasons. One, even prior to prop
- [The Justice Medina Saga Rolls On](https://civtrial.com/litigation/the-justice-medina-saga-rolls-on/) - The saga of Supreme Court Justice David Medina is almost like a soap opera. Just when you thought the story couldn't get more bizarre, it took another twist today. For those not up to speed, here's the story in a nutshell. The home of Texas Supreme Court Justice David Medina and his wife was burned.
- [Personal Injury Law Round-Up #62](https://civtrial.com/personal-injury/personal-injury-law-round-up-62/) - Things are hopping here as we continue to prepare for a trial so this week’s edition is brief. On tort “reform”....... One of the big tort “reform” stories of the week has been Dennis Quaid’s testimony on preemption before Congress. Unfortunately, in our society, causes often need celebrities to act as their champions before there is
- [City Bans Text Messaging While Driving](https://civtrial.com/personal-injury/city-bans-text-messaging-while-driving/) - Some of our most popular posts are posts about text messaging while driving. Apparently, this is a bigger concern to people than we thought. Now, at least some people are doing something about it. Phoenix has recently banned text messaging while driving. From the article: Phoenix is the first city in Arizona and one of the
- [Fight Over Constitutionality of Medical Malpractice Limits](https://civtrial.com/medical-malpractice/fight-over-constitutionality-of-medical-malpractice-limits/) - Tort reform lobbying groups took an unusual step this week by filing a declaratory action suit here in Austin trying to establish that the 2003 medical malpractice caps on liability are constitutional. The suit stems from a lawsuit against Corpus Christi doctor John McKeever. In that suit, patient Adrian Cerny sued Dr. McKeever after Cerny developed
- [West Virginia Supreme Court Justice Criticizes Tort Reform](https://civtrial.com/medical-malpracticepremises-liability/west-virginia-supreme-court-justice-criticizes-tort-reform/) - Last week, West Virginia Supreme Court justice Larry Starcher railed against West Virginia’s tort reform. In recent years, West Virginia has passed medical malpractice tort reform measures that require plaintiffs to provide pre-suit expert reports saying that the claim has merit. The reforms also have caps on damages. Because plaintiffs want to avoid these requirements,
- [Tort Reform By Rulemaking](https://civtrial.com/litigation/tort-reform-by-rulemaking/) - I don't have time to make a detailed post, but the Washington Post (via the AP) had a great article today about the administration's use of administrative rulemaking authority to preempt lawsuits. For those interested in civil justice matters, it is certainly worth a read. I have a prior post that touches on this form
- [Personal Injury Law Round-Up #64](https://civtrial.com/personal-injury/personal-injury-law-round-up-64/) - This week, Chris Robinette and Bill Childs over at Torts Prof both posted their list of blogs that they regularly read. I’m happy to be in both of their lists. And it looks like Chris has a bit of catching up to do. By my count, he’s over twenty-five blogs behind Bill (and now I
- [Personal Injury Law Round-Up #68](https://civtrial.com/personal-injury/personal-injury-law-round-up-68/) - Things are crazy here, but we wanted to warn readers that there likely won’t be a personal injury round-up next week with the holiday week. We hope all of you can survive. On to the tort "reform" news.... The biggest tort "reform" news of the week was the New York Times Tort Wars story. You
- [Personal Injury Law Round-Up #69](https://civtrial.com/personal-injury/personal-injury-law-round-up-69/) - I apologize. I spent last Friday by the grill (thus the picture) and not grinding out another round-up. (We had brisket and pulled pork for those of you wondering.) But after that brief hiatus, the Personal Injury Law Round-Up is happy to return to the blogosphere. We’ve got a fair amount of news this week,
- [Please Use A Car or Booster Seat](https://civtrial.com/personal-injury/please-use-a-car-or-booster-seat/) - The Austin American Statesman reported that an unrestrained 2 year old was critically injured after being ejected from his vehicle during a wreck. As a parent, I don't think there is anything we can do that is more important that protecting our kids. And properly using a car seat or booster seat is one of
- [I'm Going Back To School](https://civtrial.com/general/im-going-back-to-school/) - Over sixty percent of the lawyers in the U.S. practice in solo or small firms, but U.S. law schools don’t do anything to help students actually practice law. Sure, schools teach us the law and how to think like lawyers, but they don’t teach how to be lawyers. A lot of people in the legal
- [Trial Lawyers Doing Good](https://civtrial.com/general/trial-lawyers-doing-good/) - For the last decade, trial lawyers have been the victims of one of the most successful marketing campaigns ever. Those of us that choose to represent victims of others' carelessness have been portrayed as sharks, snakes, or worse. It seems that "trial lawyer" is now close to a cuss word. But trial lawyers do an
- [Do Politicians Even Understand What The Judiciary Does?](https://civtrial.com/general/do-politicians-even-understand-what-the-judiciary-does/) - "Court of appeals is where policy is made." Judge Sonia Sotomayor "Better to remain silent and thought a fool than to speak out and remove all doubt." Abraham Lincoln After hearing all of the complaints over the last few days over Judge Sotomayor’s comment, I can only conclude that our politicians have no idea what
- [Roadside Safety Check Prevents Serious 18-Wheeler Accident](https://civtrial.com/firm-news/roadside-safety-check-prevents-serious-18-wheeler-accident/) - Case proves an ounce of prevention can prevent a serious accident. “If the police had not been out checking tractor trailers for various infractions of the law, the rig in this story could have seriously injured or killed someone. There are times when an ounce of prevention may avert a disaster. It did in this
- [Hit and Run Drunk Driver Kills Pedestrian](https://civtrial.com/firm-news/hit-and-run-drunk-driver-kills-pedestrian/) - Texan arrested in fatal hit and run was driving under the influence. “In this case, two brothers were walking beside I-37 when one of them was hit by a blue Chrysler PT Cruiser that took off. The man, a 39-year-old, died at the scene,” said Brooks Schuelke, a personal injury lawyer with Schuelke Law in
- [Austin Personal Injury Lawyer Says Some Wrongful Death Cases Settle Outright](https://civtrial.com/firm-news/austin-personal-injury-lawyer-says-some-wrongful-death-cases-settle-outright/) - In instances where the plaintiff’s case is strong and the defendant knows it, often a settlement is reached before going to court. “This case involved the sudden death of a 19-year-old college student. In the wee hours of the morning, the man was riding on an all-terrain vehicle with another student when it flipped over.
- [Austin Personal Injury Lawyer Explains that Trucker Driving Logs Exist for a Reason](https://civtrial.com/trucking-accidents/schuelke-law-comments-on-trucking-lawsuit-bill-remains-controversial/) - HB 19 passed in 2021 intending to reduce trucking insurance rates by changing the way families must bring lawsuits in fatal truck accidents. Three years later, however, the bill remains controversial. Under HB 19’s rule change, any lawsuit involving a commercial vehicle must be “bifurcated,” or split into two stages. In the first stage, an
- [The Law Firm of Perlmutter & Schuelke Explains Pharmaceutical Errors Increasing](https://civtrial.com/firm-news/the-law-firm-of-perlmutter-schuelke-explains-pharmaceutical-errors-increasing/) - Just about 1.3 million people across the U.S. will die each year as a result drug errors. Pharmaceutical mistakes are on the rise. It’s not a secret that medical malpractice lawsuits are growing every year, despite some states capping a victim’s award. Companion cases to medical errors made by surgeons, doctors, nurses and dentists are
- [We're Moving](https://civtrial.com/blog/were-moving/) - Sorry for sparse posting the last two weeks, but we've been swamped with trial prep (my trial set for next Monday settled earlier this week) and an office move. As of Monday, our new address will be: Schuelke Law 206 E 9th St., Ste. 1511 Austin, Texas 78701 We hope to get back to posting
- [Don't Drink And Drive Following Your Game-Watching Party](https://civtrial.com/auto/dont-drink-and-drive-following-your-game-watching-party/) - Saturday afternoon, my family attended the funeral of my great-aunt. After the funeral, some of the family members and guests were to attend the burial north of Austin. Normally, funeral processions go without incident. But not this one. As the family's limousine was passing through an intersection, a drunk driver ran a red light, hit the
- [Can The Texas Supreme Court Still Hear Cases?](https://civtrial.com/litigation/can-the-texas-supreme-court-still-hear-cases/) - This morning, the U.S. Supreme Court released Caperton v. A.T. Massey Coal Company. The case involves facts that are almost too extreme to believe. Massey was appealing a multi-million judgment and decided to help its chances at the West Virginia Supreme Court by spending approximately $3 million to help elect a new supreme court justice.
- [It's A New Age For Trial/Witness Prep](https://civtrial.com/general-litigation/its-a-new-age-for-trialwitness-prep/) - What technology giveth (in terms of ease), technology taketh away. Technology was supposed to make trials and presentations easier. And in many ways, it does. But it also has this nasty habit of causing problems. Big problems. Attorneys have already adjusted to MySpace and Facebook and the like. We not only use them to investigate
- [Former football player with Traumatic Brain Injury Related Dementia Takes his Own Life](https://civtrial.com/blogspecial-resources/former-football-player-with-traumatic-brain-injury-related-dementia-takes-his-own-life/) - Traumatic brain injury is often misunderstood because it is not seen. Only the symptoms indicate there is a problem. The difficulty with traumatic brain injury is that many in the sports world still laugh about having their ‘bell rung.’ Many also pick up and get on with their game, not wanting to look less than
- [Toddler Run Over By Truck Does Not Survive](https://civtrial.com/blog/toddler-run-over-by-truck-does-not-survive/) - When an emergency call goes out for help involving a child, the crews know it will be a tough call. This story had one of the worst endings possible, the death of a toddler. A three-year-old boy was run over by a truck backing up through a parking lot. For some reason, like most small
- [Brain Injuries: Major Mistakes In Your Brain Injury Case](https://civtrial.com/personal-injury/brain-injuries-major-mistakes-in-your-brain-injury-case/)
- [A Drowsy Driving Tragedy](https://civtrial.com/blog/a-drowsy-driving-tragedy/) - While we never hope for tragedy, we should learn from it. This weekend, Bellaire High School senior Tobi Oyedeji, a high school basketball star who was planning to play at Texas A&M, was tragically killed in a car wreck. Oyedeji was returning home from a school-sponsored after-prom party when he reportedly fell asleep, crossed the center
- [A Lesson From The Texas Worker's Compensation System](https://civtrial.com/auto-accidentsblogpersonal-injury/a-lesson-from-the-texas-workers-compensation-system/) - This month's issue of the ABA (American Bar Association) Journal has an in-depth look at the Texas Worker's Compensation System (Insult to Injury: Texas Worker's Comp System Denies, Delays Medical Help). The article discusses the reforms of the worker's comp system, the insurance industry's heavy hand in determining how the system plays out, and the insurance
- [Auto Accidents: Understanding Texas Auto Insurance: UNINSURED/UNDERINSURED MOTORIST COVERAGE](https://civtrial.com/news/auto-accidents-understanding-texas-auto-insurance-uninsured-underinsured-motorist-coverage/) - WHAT IS UM/UIM? What do you do if you’re in a wreck caused by a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages? In Texas, the best answer is uninsured/underinsured motorist coverage (UM/UIM), a type of coverage you can buy as part of your automobile coverage. If the other driver
- [Another Real World Example Of The Effects Of Brain Injuries](https://civtrial.com/newslettersocial/another-real-world-example-of-the-effects-of-brain-injuries/) - We represent a number of clients who have suffered brain injuries. One of the hardest things they have to do is try to explain the brain injury to friends and family members. That's why I like sharing real world stories --- to help people understand what people who have brain injuries are going through. Today's
- [N. Y. Yankees' Clint Frazier: Another Real Life Concussion Story](https://civtrial.com/blognewslettersocial/n-y-yankees-clint-frazier-another-real-life-concussion-story/) - Those who know my family well know that my teen-age son is a baseball player and a huge Yankees fan. He buys the MLB.TV app so he can watch Yankees games (often at school - I'm not sure how that works), and we've even been lucky enough to attend a few spring training games in
- [David Hamilton, Texas Baseball, and Scooter Injuries](https://civtrial.com/blognewslettersocial/david-hamilton-texas-baseball-and-scooter-injuries/) - Today I learned that my "real life" and my law life intersected in a not so fun way. I'm a huge Texas sports fan, and in particular, Texas baseball fan. My dad played baseball at UT, and while I was at UT, some of my best memories involved sitting in the sun and doing a
- [Dog Attack Trial -- What Does A Jury Get To Hear?](https://civtrial.com/dog-attacksnewslettersocial/dog-attack-trial-what-does-a-jury-get-to-hear/) - Last week, I had a trial that received a little press because the defendant, Cedric Benson, is a former University of Texas and NFL running back. As a result, I've had a number of people read the articles from the local newspaper and then ask me questions about the case. There have been a number
- [Swoop and Settle - Insurance Companies Strike Again](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/swoop-and-settle-insurance-companies-strike-again/) - I have frequently written about the awful insurance company tactic of swoop and settle. Far too often, insurance companies contact a car wreck or trucking wreck victim before the victim is represented by an attorney to try and settle the case immediately. This typically results in a victim giving up the claim before the victim
- [Personal Injury Law: A Nightmare Fight Over Hospital Bills](https://civtrial.com/auto-accidentsinsurancenewslettersocial/personal-injury-law-a-nightmare-fight-over-hospital-bills/) - A recent NPR story uses a local teacher to tell of a hospital bill situation that we hear often. Drew Calvert, a teacher at Austin High School (where my son goes to school), had a heart attack while at home. Fortunately, a neighbor was able to get Mr. Calvert to St. David's Hospital, where Mr.
- [Back To School: Watch Out For Dogs & Dog Attacks](https://civtrial.com/dog-attackspersonal-injurysocial/back-to-school-watch-out-for-dogs-dog-attacks/) - It's back to school time in Central Texas, and that means more kids walking and riding their bikes to schools. Unfortunately, it also means an increased risk that these kids will be attacked by dogs as the kids head to school or the bus stop. Sadly, it has already started. Unfortunately, a teenager in San
- [I've Been In A Wreck.  Why Am I Getting Letters From Lawyers About A Lien?](https://civtrial.com/auto-accidentspersonal-injurysocial/ive-been-in-a-wreck-why-am-i-getting-letters-from-lawyers-about-a-lien/) - I've heard from a number of clients recently who were in car wrecks and received scary letters from lawyers about various hospitals filing liens on the clients' property. Sometimes the lawyers' letters tell the clients that the clients' bills have gone to collections or that the hospital will be included on a settlement check. Naturally,
- [Drunk Driver Hits Car Carrying Family of Four in Recent Austin Car Accident](https://civtrial.com/auto/drunk-driver-hits-car-carrying-family-of-four-in-recent-austin-car-accident/) - Drunk driving is dangerous; no one can dispute that. Despite the well-known dangers of driving under the influence, motorists continue to get behind the wheel after having too much to drink. In fact, there was a DUI accident in Austin not too long ago involving a family of four whose vehicle was hit by a
- [Car Wreck/Safe Driving Tidbits](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/car-wrecksafe-driving-tidbits/) - There have been a number of auto accident/safe driving stories over the last few weeks, but I just haven't had time to write on them. Instead of ignoring them, I thought I'd put up a brief post touching on each story. Austin is moving forward with a plan to ban text messaging while driving. The
- [PICTURE PERFECT JUSTICE: Document Your Car Wreck Claim With Photos](https://civtrial.com/news/picture-perfect-justice-document-your-car-wreck-claim-with-photos/) - You’ve heard the saying “A picture is worth a thousand words.” In personal injury cases, pictures can be worth thousands of dollars. One of the most simple things that you can do is take photos of the scene of the wreck. Now that everyone has high quality cameras on your phones, taking a few pictures
- [Could Lane Splitting Become Legal In Texas?](https://civtrial.com/personal-injury/could-lane-splitting-become-legal-in-texas/) - Take a few seconds to watch a portion of the below video before reading the rest of this post. (Don’t watch the whole thing. If you’re like me, it will give you motion sickness.) The video is an example of lane splitting, the tactic of motorcycles driving between lanes of traffic. It looks dangerous to
- [Austin Intersections Among Worst In US](https://civtrial.com/personal-injury/austin-intersections-among-worst-in-us/) - Yesterday, I spent almost all day up at the legislature with plaintiff's attorneys from around the state for a hearing on an important piece of personal injury litigation. We were sitting and talking, and one of the attorneys from out of town asked me if there are any particular intersections in town that are notoriously
- [The New York Times Tells The Story Behind "Independent" Medical Exams](https://civtrial.com/personal-injury/the-new-york-times-tells-the-story-behind-independent-medical-exams/) - Insurance companies and defense lawyers try to hide the nature of these exams by calling them "independent medical exams." That name borders on fraud; there is nothing independent about these exams. Unlike treating physicians, whose primary responsibility is trying to make sure the patient heals, the sole purpose of these hired guns is to minimize
- [Who Knew We Were Responsible For Pirates?](https://civtrial.com/litigation/who-knew-we-were-responsible-for-pirates/) - And that raises the primary reason this all seemed so complicated. Lawyers. Layers and layers of lawyers. Bret Stephens asked in a prescient Wall Street Journal essay last November, “Why Don’t We Hang Pirates Anymore?” And the answer, he discovered, is that “there is no controlling legal authority.” A combination of international and domestic law
- [Arbitration Is Good Enough For You, But Not Businesses](https://civtrial.com/litigation/arbitration-is-good-enough-for-you-but-not-businesses/) - Earlier this week, Jonathon Glater of the New York Times had an article that discussed how businesses use arbitration agreements. Apparently, at a time when businesses are becoming more and more aggressive about using arbitration clauses in their contracts with consumers, they still aren't using them in business to business contracts. The article is based
- [Federal Judges Under Investigation](https://civtrial.com/blog/federal-judges-under-investigation/) - I don't have time to really comment on it, but Lise Olsen of the Houston Chronicle has a story in today's paper about the surprising number of federal judges under investigation. Led by Texas's own Judge Kent, the story reads like a soap opera --- we've got allegations involving nude photos, escort services, and accepting
- [Personal Injury Law Round Up # 63](https://civtrial.com/personal-injury/personal-injury-law-round-up-63/) - On to tort reform and lawyer-type issues.... Not a tort reform issue per se, but one big issue this week was whether lawyers should have to disclose whether they carry legal malpractice insurance. A task force of the Texas Supreme Court has rejected a proposal that would make it mandatory for lawyers to disclose whether
- [Does the Tort System Help Reduce Crane Accidents?](https://civtrial.com/personal-injury/does-the-tort-system-help-reduce-crane-accidents/) - The front page story of this morning's Austin American Statesman noted that city council member Mike Martinez is proposing that the city staff study whether the city should regulate the use of cranes in the city. Given that there seem to be more cranes dotting the Austin skyline than buildings, and given the far too frequent
- [Texas's New One Free Murder Rule](https://civtrial.com/premises-liability/texass-new-one-free-murder-rule/) - I have often been quick to criticize the current Texas Supreme Court regarding its decisions in the tort arena, but last week, they may have outdone themselves. Last week they handed down a decision in Trammel Crow v. Gutierrez that has emasculated inadequate security premises liability cases - cases where the injured person says that
- [My Thoughts On Ike](https://civtrial.com/blog/my-thoughts-on-ike/) - Forgive me as I go a bit off topic. As trial lawyers, we’re taught that it’s important to tell your story to the jury. Stories are powerful. Most of us in Texas have spent the last few days watching the news. I mean, I had lunch at a sports bar Friday, and most of the TVs
- [Personal Injury Law Round-Up #55](https://civtrial.com/personal-injury/personal-injury-law-round-up-55/) - Around here the temps are hitting the 80s, and more and more people are out and about in shorts and bathing suits. So it seems appropriate to note the post from the DC Med Mal Blog about a new study that shows skin cancer risks vary according to geography, and the Southern US, not surprisingly,
- [Personal Injury Subrogation, continued](https://civtrial.com/personal-injury/personal-injury-subrogation-continued/) - Last October I wrote about Walmart asserting a subrogation claim against one of its employees who had made a recovery in a personal injury case. The case is an example of how many cases can become difficult, if not impossible, to resolve because of the subrogation claims. This problem is picking up a little steam
- [Blawg Review #125](https://civtrial.com/blog/blawg-review-125/) - Kevin O'Keefe has posted Blawg Review #125. We haven't posted links to these in the past, but Kevin's issue has some great information on blogging, and it appears he put a LOT of work into it. Review # 123 was hosted by Austin's own Texas Appellate Law Blog. To contact Austin Personal Injury Lawyer, Austin Personal
- [Concussions, Head Injuries, Football Season & Cheerleading --- they all go together](https://civtrial.com/dog-attacks/schuelke-law-prepares-to-help-dog-bite-victims-during-record-injury-year/) - 2022 was a record year for dog bite injuries and deaths in Texas, a state that frequently leads the nation in dog bite attacks. Between 2010 and 2021, 47 people died in Texas as a result of dog bite injuries - second only to California, with 48 deaths. Both states exceeded the national average of
- [Personal Injury Cases:  How Does A Lawyer Figure Out A Settlement Value?](https://civtrial.com/auto-accidentspersonal-injury/personal-injury-cases-how-does-a-lawyer-figure-out-a-settlement-value/) - A large part of our job is advising clients about settlement negotiations. What should we ask for? What is the value of the case? Is this a good offer? etc. During those discussions, many injured persons ask how we know the answers to those questions. It's not a mathematical formula. It's not a simple calculation.
- [APD Seeks To Reduce The Risks Of Distracted Driving](https://civtrial.com/auto-accidentspersonal-injury/apd-seeks-to-reduce-the-risks-of-distracted-driving/) - If you've read the blog regularly at all, you know that one of my pet topics is distracted driving. We see distracted drivers causing unnecessary car wrecks and trucking wrecks and personal injuries on an almost weekly basis. And police officers aren't immune to the problem --- in fact, the potential problem is worse for police
- [Car accidents have a habit of changing people’s lives](https://civtrial.com/auto/car-accidents-have-a-habit-of-changing-peoples-lives/) - It only takes one quick second for a car accident to happen. That second may change your life forever. In the moment of time it takes to drop a dime, just as it leaves your fingers and before it starts its fall, a car crash can happen. It may forever alter the life you once
- [How long will my case last? What will it cost?](https://civtrial.com/litigation/how-long-will-my-case-last-what-will-it-cost/) - The two questions that almost every client ask are "how long will the case last?" and, if the case is not contingent, "what will it cost?" Those two questions are difficult to answer because the opposing lawyer and the opposing party are such big factors. In every case, we try and let the other side know that we
- [Irony in the Texas Supreme Court](https://civtrial.com/litigation/irony-in-the-texas-supreme-court/) - Last Friday, the Texas Supreme Court denied petitions for review filed by both sides in BFI Waste Systems of North America, Inc. v. Browning-Ferris Industries, Inc. However, in denying the petitions, the Court issued a per curiam opinion criticizing the court of appeals for issuing a footnote on an issue that was not raised in
- [How Arbitration Steals Your Day In Court](https://civtrial.com/litigation/how-arbitration-steals-your-day-in-court/) - MSNBC correspondent Bob Sullivan has a new article at his blog, The Red Tape Chronicles, entitled "How Arbitration Steals Your Day In Court." The introduction is telling: If I told you there was a courtroom in America where consumers lose lawsuits to businesses 94 percent of the time, and there is no chance to appeal, you'd
- [Judicial Tort Reform in Texas](https://civtrial.com/litigation/judicial-tort-reform-in-texas/) - Regular readers and visitors to our website certainly know our views that the Texas Supreme Court often seeks results-oriented decisions to favor insurance companies and big businesses (we've previously written about this here, here and here). Our opinion has been reinforced by a law review article, Judicial Tort Reform In Texas, by Professor Dave Anderson
- [Legislation Alert: Court "Reorganization" Bill](https://civtrial.com/litigation/legislation-alert-court-reorganization-bill/) - On Monday, March 26, 2007, the Texas Senate begins hearings on a "court reorganization" bill proposed by Senator Duncan. Instead of a mere reorganization of the Courts, the bill would drastically change the way the Court system in Texas works and removes almost all local authority from the Judicial branch. Initially, the bill expands Supreme
- [Good News From Austin For Homeowners](https://civtrial.com/litigation/good-news-from-austin-for-homeowners/) - There’s some rare good news from Austin for Texas homeowners who have claims or lawsuits against their builders. Last Friday, the Texas Supreme Court handed down the opinion in Lamar Homes, Inc. v. Mid-Continent Casualty Company, and held that an insurance company owes a duty to defend (and likely a duty to indemnify) its homebuilder
- [Litigation and Social Networking Sites](https://civtrial.com/litigation/litigation-and-social-networking-sites/) - Lawyers aren’t the quickest to adopt technology, but those of us that litigate have been using social network sites such as LinkedIn, MySpace, and Facebook to investigate witnesses or clients for some time. And we’re probably all familiar with the reports of Dr. Flea’s blogging of his own trial. But this week, there have been
- [Medical Malpractice Arbitrations](https://civtrial.com/litigation/medical-malpractice-arbitrations/) - The Philadelphia Inquirer has a recent article that discusses the disturbing trend of pre-dispute arbitration in the medical malpractice context. The article summarizes the pros and cons of pre-dispute agreements with the following: Proponents say arbitration is faster, cheaper and fairer than trials, but critics say the secretive system can be weighted against consumers and
- [Go All In On Contingent Fees](https://civtrial.com/litigation/go-all-in-on-contingent-fees/) - I'm a few days behind on my magazines (actually, more than that judging by the pile on my desk) so I just got around to reading my January 5, 2009 Texas Lawyer, which contains an article entitled DOWN MARKETS REQUIRE CREATIVE CHOICES: Use Flexible Fee Structuring To Add Clients In Tough Times. In the article, the
- [Might The Days Of Mandatory Arbitration Be Done?](https://civtrial.com/litigation/might-the-days-of-mandatory-arbitration-be-done/) - It's no secret that I'm not a fan of mandatory, pre-dispute arbitration. In fact, I've probably written on it more than anything else. Now, maybe the griping from me and others has done some good. A Los Angeles Times story was out earlier in the week detailing the problems with pre-dispute arbitration and noting that
- [More Drama In The Third Court of Appeals](https://civtrial.com/litigation/more-drama-in-the-third-court-of-appeals/) - A few weeks ago, I wrote about a dispute that was coming to a head in the Texas Third Court of Appeals, which is housed in Austin. The dispute involved the criminal case against Tom Delay and his business associates. The Third Court issued a ruling in the criminal case that was very favorable to
- [More on Contingent Fees](https://civtrial.com/litigation/more-on-contingent-fees/) - Two professors from the Hebrew University of Jerusalem have conducted a fascinating study on client behavior involving contingent fees. (You can download the entire article for free from the linked abstract.) The study seeks an answer to the questions: (1) Contingency fees are obviously beneficial to those that cannot afford hourly fees. But why do
- [Genius Texas Legislature Is At It Again](https://civtrial.com/litigation/genius-texas-legislature-is-at-it-again/) - In 2003, the Texas Legislature changed the landscape for residential construction litigation. They created the Texas Residential Construction Commission (TRCC)and also set up a "dispute resolution process" that most construction defect cases had to go through before proceeding in the court setting. The law is a disaster for homeowners. Cases sit in the process for
- [Federal Preemption As Tort Reform](https://civtrial.com/litigation/federal-preemption-as-tort-reform/) - An increasingly popular tactic of tort reformers is to seek protection from federal preemption. Regulators, backed by tort reform groups, continue to propose and institute measures that seek to preempt state laws and eliminate the rights of those injured. For example, the Food and Drug Administration proposed last year that their regulations should preempt state
- [Even The FDA Is Against Complete Immunity Preemption?](https://civtrial.com/litigation/even-the-fda-is-against-complete-immunity-preemption/) - One of the hottest topics in the personal injury arena right now is preemption. Generally, the argument for preemption is that if a product complies with federal regulations relating to the safety of that product (even if the regulations are not adequate) then manufacturers should be completely immune from state tort lawsuits based on defects on
- [Why Tort Reform Myths Are So Difficult To Combat](https://civtrial.com/litigation/why-tort-reform-myths-are-so-difficult-to-combat/) - A recent article in the Washington Post reports on a study by Norbert Schwarz, a University of Michigan social psychologist, that provides insight into why tort reform myths, and other false statements, are so hard to combat. According to the article: The federal Centers for Disease Control and Prevention recently issued a flier to combat
- [Corruption in the Court of Appeals?](https://civtrial.com/litigation/corruption-in-the-court-of-appeals/) - There has been a really interesting story the last two days in the local paper discussing allegations of potential corruption at the Austin Court of Appeals. First, some background. As most know, Travis County District Attorney Ronnie Earle had indicted Tom Delay and others for violations of the Texas Election Code. The defendants challenged the
- [Vanishing Jury Trial, Part 2](https://civtrial.com/litigation/vanishing-jury-trial-part-2/) - Earlier we wrote about Professor Gerald Powell's amicus brief filed with the Texas Supreme Court in Coca Cola v. Harmar. In the brief, Professor Powell criticized the Court for its continued willingness to reverse juries' findings. Professor Powell is not alone in his criticism of the Court. Another coalition of law school professors has filed
- [Twitter, Facebook and Google! Oh My! Jurors, Please Follow Instructions.](https://civtrial.com/litigation/twitter-facebook-and-google-oh-my-jurors-please-follow-instructions/) - A numb er of years ago, while I was in law school, I received a call from my mom, and she started asking me about the elements of a criminal assault case in Texas. I don’t know about all of you, but this was not the question I expected from my mom. I asked her
- [Cornyn: Pot Meet Kettle (Or How Should Texas Select Judges)](https://civtrial.com/litigation/cornyn-pot-meet-kettle-or-how-should-texas-select-judges/) - "A judge's job is to apply the law and, in the absence of a jury, to decide the facts of the case. This job description should not include advancing a personal or partisan agenda from the bench. When a judge brings a personal agenda or partisan commitments to the bench, the rule of law suffers,
- [Tort Reform: Straight From the Horse's (or the Judge's) Mouth](https://civtrial.com/litigation/tort-reform-straight-from-the-horses-or-the-judges-mouth/) - For years, Texas residents have been hearing about runaway juries, frivolous lawsuits, and the need for tort reform. But most of the stories in the popular press and thrown around by tort reform groups are anecdotal; there has always been a question of how to best gather data to measure whether jury awards are excessive
- [The Vanishing Jury Trial and the Texas Supreme Court](https://civtrial.com/litigation/the-vanishing-jury-trial-and-the-texas-supreme-court/) - It’s no secret that jury trials are disappearing. In fact, Texas Supreme Court justice Nathan Hecht had a cover article in a recent Texas Bar Journal article addressing the problem. In the article Hecht provided his own hypotheses about the cause of the problem. But the truth is, Hecht and his brethren at the Supreme
- [The U.S. Chamber of Commerce Called Out](https://civtrial.com/litigation/the-u-s-chamber-of-commerce-called-out/) - Attorney and CBS News analyst Andrew Cohen had a great opinion piece Saturday calling out the US Chamber of Commerce entitled "Made in America: Corporate Gall --- On Corporations Seeking to "Reform" the Very System They Broke." It's an oustanding article, and I would cut and paste the entire thing if I wasn't afraid of violating copyright
- [The Tort System's Effect on the Economy](https://civtrial.com/litigation/the-tort-systems-effect-on-the-economy/) - The Day on Torts Blog has a link to an interesting article from the Economic Policy Institute (a non-partisan economic think tank). The article, Tort Costs and The Economy; Myths, Exaggerations, and Propaganda, includes findings that the US legal system doesn’t slow job growth, that tort reform won’t increase employment, that the tort system doesn’t
- [Car Wrecks: Personal Injury Claims](https://civtrial.com/litigation/car-wrecks-personal-injury-claims/) - Brooks had his follow up interview on News 8. This time he addressed what to do for your personal injuries following a wreck. To watch the segment, click here, then hit the play button in the "watch the video" box. To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer
- [The Dangers of Binding Mandatory Arbitration](https://civtrial.com/litigation/the-dangers-of-binding-mandatory-arbitration/) - The brilliant Stephanie Mencimer has a new article entitled Suckers Wanted: How Car Dealers and Other Businesses Are Taking Away Your Right to Sue. In it, she starts by outlining the problems she had in trying to buy a car without an arbitration agreement. When she and her husband asked the dealership to remove the
- [The differences in representing small businesses and personal injury victims](https://civtrial.com/litigation/the-differences-in-representing-small-businesses-and-personal-injury-victims/) - Readers that have spent any time skimming our website know that, for the most part, our lawyers and attorneys represent individuals in personal injury litigation or small to mid-sized business in commercial litigation. The other day, someone asked about the differences in representing each set of clients. For the most part, there aren't many differences.
- [The Baylor Judicial Tort Reform Survey in the News](https://civtrial.com/litigation/the-baylor-judicial-tort-reform-survey-in-the-news/) - As you may recall, Baylor Law School professors conducted a survey of the state's district judges to get their thoughts on frivolous lawsuits, excessive verdicts, and the such. Two Texas plaintiffs' lawyers have recently written a commentary based on the article for the San Antonio Express News. TLR attorney Lee Parsley had his response, and
- [Texas Supreme Court Justice Seeks Reimbursement of Attorneys' Fees, Part 2](https://civtrial.com/litigation/texas-supreme-court-justice-seeks-reimbursement-of-attorneys-fees-part-2/) - Earlier we had a post reporting that Nathan Hecht, a Texas Supreme Court justice, was seeking legislation that would reimburse him for attorneys' fees he incurred in defending himself from an ethics complaint. That story took another twist today when the Fort Worth Star Telegram published a story that Hecht had already been reimbursed for
- [Texas Supreme Court: Justice Delayed](https://civtrial.com/litigation/texas-supreme-court-justice-delayed/) - Texas Watch, a bi-partisan advocacy group working to improve consumer and insurance laws for Texas families, has issued a new report about the increasing backlog of cases at the Texas Supreme Court. The report, entitled Snail's Pace: An Analysis of the Texas Supreme Court's Growing Backlog, made the following findings: The Court took an average
- [Bush's Legacy In The Federal Judiciary](https://civtrial.com/litigation/bushs-legacy-in-the-federal-judiciary/) - This morning's New York Times had a discouraging piece detailing President Bush's judicial appointees. In the article, President Bush noted that "he had appointed more than a third of the federal judiciary expected to be serving when he leaves office, a lifetime-tenured force that will influence society for decades and that represents one of his most
- [Texas Supreme Court Is At It Again --- Arbitration Clause](https://civtrial.com/litigation/texas-supreme-court-is-at-it-again-arbitration-clause/) - The Texas Supreme Court has once again rejected the claims of an individual plaintiff in favor of a corporate defendant. This time, the opinion involved an arbitration agreement. It has long been held that arbitration agreements are not enforceable if they are unconscionable, if they were signed under duress, or if they were the result
- [Supreme Court Justice Wants Reimbursement Of Attorneys' Fees](https://civtrial.com/litigation/supreme-court-justice-wants-reimbursement-of-attorneys-fees/) - Just a few months after ruling that successful claimants in uninsured/underinsured motorist litigation can’t recover attorneys’ fees from insurance companies when the claimants prevail in a suit, Texas Supreme Court Justice Nathan Hecht is now lobbying for legislation that would award him attorneys’ fees for his own successful lawsuit, according to an article in the Austin
- [Straight From The Horse's Mouth Part 2](https://civtrial.com/litigation/straight-from-the-horses-mouth-part-2/) - The Baylor Law Review has generously given us permission to reprint their article, Straight From the Horse's Mouth: Judicial Observations of Jury Behavior and the Need for Tort Reform. Click here to read the entire article. You can read our previous post, which summarized the article, here. To contact Austin Personal Injury Lawyer, Austin Personal
- [Be Careful What You Ask For](https://civtrial.com/litigation/be-careful-what-you-ask-for/) - There is a long line of politicians who vote for various tort reform measures only to need to turn to the tort system themselves. The latest is Florida Republican Stephen Wise, a strong supporter of reform of medical malpractice and nursing home litigation. According to the Florida Times Union: As a state representative and senator representing
- [Sports and Athletes at the Courthouse](https://civtrial.com/litigation/sports-and-athletes-at-the-courthouse/) - Until September 1 and the start of the UT football season rolls around, there just isn’t much going on here in Austin sports-wise. So when we saw that Michael Wilbon of the Washington Post had written an article about athletes and their civil litigation and criminal prosecution woes (the latter of which hit a little close
- [Secrecy in the Texas Supreme Court?](https://civtrial.com/litigation/secrecy-in-the-texas-supreme-court/) - Several Texas newspapers ran stories regarding a report from Texas Watch that criticizes the Texas Supreme Court for issuing a growing number of opinions anonymously. The Houston Chronicle’s article on the report notes: The report by judicial watchdog group Texas Watch shows that 57 percent of the opinions issued in the court's 2006-07 term were
- [Progressive Gainsharing](https://civtrial.com/litigation/progressive-gainsharing/) - We recently received a link to the Progressive Gainsharing program. Under the program, Progressive Insurance employees receive bonuses based on how well the company does. That's not a problem for many industries, but it is a problem in insurance if adjusters receive monetary incentives to deny claims. Perhaps we should give Progressive some credit for
- [Sanctity of the Jury Trial?](https://civtrial.com/litigation/sanctity-of-the-jury-trial/) - "I don’t believe my role is to replace the verdict of a jury with my own unless there are new facts or evidence of which a jury was unaware, or evidence that the trial was somehow unfair." Those were the words of President Bush in his own autobiography (as quoted in the article, The Texas
- [Saying "I'm Sorry" to Minimize Medical Malpractice (and other) Litigation Risks](https://civtrial.com/litigation/saying-im-sorry-to-minimize-medical-malpractice-and-other-litigation-risks/) - I have long told people that potential clients often do not come to us because they are hurt, but because of the way they are treated after they are hurt. Many times, patients don't seek to sue doctors or clients don't seek to sue attorneys just because the doctor or attorney made a mistake; they seek to sue
- [Texas Supreme Court Issues Another Pro-Plaintiff Ruling In Underinsured/Uninsured Motorist Insurance Cases](https://civtrial.com/newslettersocial/texas-supreme-court-issues-another-pro-plaintiff-ruling-in-underinsured-uninsured-motorist-insurance-cases/) - For the second time in a month, the Texas Supreme Court has surprised many of us by issuing a ruling that is beneficial to plaintiffs who bring uninsured/underinsured motorist cases. Last month, the Court issued a ruling that confirmed a path for plaintiffs to recover attorneys' fees in uninsured/underinsured motorist claims. This time, the Court
- [Another Texas Supreme Court Victory for Big Business](https://civtrial.com/litigation/another-texas-supreme-court-victory-for-big-business/) - Last Friday, the Texas Supreme Court issued another opinion where it opted for big business over consumers. The question in Perry Homes v. Cull was whether the Culls’ claim was properly submitted to arbitration. In the case, the Culls filed suit against Perry Homes for defects in their house. Fourteen months later, after completing discovery
- [Another Insurance Company Win At The Texas Supreme Court](https://civtrial.com/litigation/another-insurance-company-win-at-the-texas-supreme-court/) - I'm not usually surprised when insurance companies win at the Texas Supreme Court, but today was a little stunning when the Court issued its opinion in USF&G v. Goudeau. And I'll warn you up front, I'm short on time and don't have a lot of time to explain my ramblings below. While working on the
- [Hallelujah! Relief For Those Making Texas Uninsured/Underinsured Motorist Claims](https://civtrial.com/newslettersocial/hallelujah-relief-for-those-making-texas-uninsured-underinsured-motorist-claims/) - One of the most important types of insurance that you can buy to protect you and your family is uninsured/underinsured motorist coverage for your vehicle. This coverage protects you when you're in a wreck and the at-fault driver either doesn't have insurance or doesn't have enough insurance. We handle a lot of these cases. In
- [An Unusual Criminal Proceeding With A Question About Eye Witness Testimony](https://civtrial.com/litigation/an-unusual-criminal-proceeding-with-a-question-about-eye-witness-testimony/) - We have a weird criminal proceeding occurring here in Travis County. In 1986, 26 year old Timothy Cole was convicted of rape by a Lubbock County jury and sentenced to 25 years in prison. Cole maintained his innocence throughout the trial. In 1995, another prisoner confessed to the crime, but no one really took notice
- [Covid-19/Coronavirus and Force Majeure Clauses in Contracts](https://civtrial.com/newslettersocial/covid-19-coronavirus-and-force-majeure-clauses-in-contracts/) - We have received some inquiries from people wanting to know what rights they have under various contracts in light of the Covid-19/Coronavirus pandemic. This isn't an easy answer. Many contracts have a force majeure clause that specifically govern when an event outside the party's control prevents a party from performing its contractual obligations. However, in
- [Legal Malpractice Is Serious Business](https://civtrial.com/legal-malpractice/legal-malpractice-is-serious-business/) - When lawyers make mistakes, this is called legal malpractice. It’s their duty to serve their clients ethically. Lawyers owe their clients a certain level expertise, a duty, to provide ethical, professional and competent legal services. From time to time, a lawyer may breach these duties and harm a client. Actions that breach the duties owed
- [Car Wrecks: Swoop and Settle Goes High Tech](https://civtrial.com/newslettersocial/car-wrecks-swoop-and-settle-goes-high-tech/) - One thing I've written on several times over the years is the insurance company tactic that we call "swoop and settle". Using this tactic, insurance companies contact you shortly after a wreck and attempt to settle your claim before you know how badly you're hurt and before you understand your rights. They do this because
- [Wrong Way Driver Kills Two and Almost Dies Himself Reports Austin Personal Injury Lawyer](https://civtrial.com/news/mild-traumatic-brain-injuries-there-is-nothing-small-about-it/) - Mild Traumatic Brain Injuries: There Is Nothing Small About It
- [Truck Versus Pedestrian Accidents Often Fatal Says Austin Personal Injury Lawyer](https://civtrial.com/firm-news/truck-versus-pedestrian-accidents-often-fatal-says-austin-personal-injury-lawyer/) - Due to their size, big rigs versus pedestrian accidents often have a fatal outcome. The two deaths in this case are a reminder to use caution around big trucks, whether on foot or on the road. “Often the best way to explain a legal premise or what the law means is to highlight a case
- [The Tort of Strict Liability Applies in Personal Injury Cases Says Austin Personal Injury Lawyer](https://civtrial.com/firm-news/the-tort-of-strict-liability-applies-in-personal-injury-cases-says-austin-personal-injury-lawyer/) - Strict liability is a tort law and means a party is liable for all damages as a result of their dangerous actions or products. “The most common strict liability claims arise from injuries caused by dangerous products. Basically, when a product causes a foreseeable harm to a consumer, the maker of the product and the
- [The higher the potential damages, the more vigorous the defense](https://civtrial.com/firm-news/the-higher-the-potential-damages-the-more-vigorous-the-defense/) - With catastrophic injuries, damage settlements or verdicts tend to be higher. Serious injuries merit more argument from the defense to save money. “A catastrophic injury is one that is gravely serious; one that alters a person’s life irrevocably. Typically, those types of injuries are spinal cord injuries, crush injuries, brain damage, amputations and third degree
- [Quick Auto Accident Settlements Not Always Beneficial Says Austin Personal Injury Lawyer](https://civtrial.com/firm-news/quick-auto-accident-settlements-not-always-beneficial-says-austin-personal-injury-lawyer/) - Claimants can get a settlement quickly if they go along with the insurance company and settle fast and low. Unfortunately, this may also result in the victim not getting fair compensation. “If there’s one thing that I hear a lot of in my practice as an injury lawyer, it is the question, ‘How long will
- [Negligence Will Be Apportioned Between Parties Indicates Austin Personal Injury Attorney](https://civtrial.com/firm-news/negligence-will-be-apportioned-between-parties-indicates-austin-personal-injury-attorney/) - Pure comparative negligence determines that injury compensation is divided based on fault. Not all states follow this rule. “One of the key ingredients necessary to determine fault in accidents is the presence of negligence. In the U.S., there are four ways to figure out damage awards: pure contributory negligence, pure comparative negligence, modified comparative negligence
- [Sexual Harassment](https://civtrial.com/employment-discrimination/sexual-harassment/) - We've been getting more and more calls about sexual harassment from potential clients in Austin and Central Texas. As a result, we've added a short primer on the Basics of Sexual Harassment to our Sexual Harassment and Employment Discrimination page. We hope you find the information useful. To contact Austin Personal Injury Lawyer, Austin Personal Attorney,
- [Naming a defendant in trucking wreck can be difficult](https://civtrial.com/firm-news/naming-a-defendant-in-trucking-wreck-can-be-difficult/) - Between the disastrous wreckages and severe injuries, accidents involving big rigs can be very complicated. The fact that it’s often hard to pin down a defendant in these cases makes them even more difficult. Without a doubt, the trucking industry is a major backbone of the American economy. Without trucks, many goods could not be
- [Keep detailed workplace injury records](https://civtrial.com/firm-news/keep-detailed-workplace-injury-records/) - Workers injured on the job should keep detailed records of the injury. It will help when filing a claim. “When someone is hired for a job in construction, management doesn’t typically spend a lot of time talking about workplace injury claims or even workers’ compensation, other than to make sure the new hire gets signed
- [Sexual Harassment In The News](https://civtrial.com/employment-discrimination/sexual-harassment-in-the-news/) - We would be remiss if we didn’t comment on two of the bigger sexual harassment stories to make the popular press. Yesterday, a jury found that New York Knicks coach Isaiah Thomas and Madison Square Garden sexually harassed a former Madison Square Garden employee. The jury awarded the former team executive $11.6 million for her
- [Distracted Driving Deadly](https://civtrial.com/firm-news/distracted-driving-deadly/) - It used to be that we had no phones in our vehicles and there weren’t as many accidents. Now, that’s a whole different story. Since the advent of the cell phone, life has become incrementally more interesting, lively, exciting and deadly. While it’s nice to have 24/7/365 constant contact with friends and family, there needs
- [Car Wrecks Not as Simple as They May Seem](https://civtrial.com/firm-news/car-wrecks-not-as-simple-as-they-may-seem/) - You were in a car accident, end of story. Surprisingly, there is a lot more to a car wreck than meets the eye. Texas law requires drivers to carry minimal auto insurance. At a minimum, drivers must carry $25,000 per person/$50,000 per occurrence limits for personal injury damages. What does this mean? The “per person”
- [Big Rig Brake Failures the Cause of Many Fatal Wrecks Says Austin Personal Injury Lawyer](https://civtrial.com/news/personal-injury-claims-depositions/) - Personal Injury Claims: Depositions
- [Austin Personal Injury Lawyer Points Out Trucking Companies May Cause Accidents, Not Just The Trucker](https://civtrial.com/firm-news/austin-personal-injury-lawyer-points-out-trucking-companies-may-cause-accidents-not-just-the-trucker/) - It is not always the trucker alone who is responsible for big rig wrecks. Fault may lie with the trucking company. It goes without saying that driving on the highway in the presence of 18-wheelers is enough to give many drivers serious concerns. It is well known that big rigs can and do get involved
- [Pregnancy Discrimination Is On The Rise](https://civtrial.com/employment-discrimination/pregnancy-discrimination-is-on-the-rise/) - An article in the March 28, 2007 Baltimore Sun highlighted the problem of pregnancy discrimination. In 2006, there were a record number of pregnancy discrimination cases filed with the EEOC. The author opines that one cause of this increase may be that more mothers are remaining in the workforce than ever before. Of particular irony, was an EEOC
- [Austin Personal Injury Lawyer Advises Car Wreck Victims to Contact Counsel Quickly](https://civtrial.com/firm-news/austin-personal-injury-lawyer-advises-car-wreck-victims-to-contact-counsel-quickly/) - A driver going the wrong way slammed into two other vehicles, causing a horrific wreck. The wrong-way driver was killed in the raging inferno of her exploding car. “This particular accident was a shock to all those involved. It happened when a wrong-way driver, in control of a Mercury Tracer, was heading south in the
- [What Is Uninsured/Underinsured Motorist Coverage?](https://civtrial.com/news/what-is-uninsured-underinsured-motorist-coverage/) - What’s the most important coverage to include in your auto insurance policy? Uninsured/Underinsured Motorist Coverage The Reality of Uninsured and Underinsured Drivers in Texas Unfortunately, too many Texas drivers don’t have any automobile insurance or don’t have enough insurance. Approximately 20% of Texas drivers don’t have any insurance at all. And about 50% of Texas
- [What Is A Texas Premises Liability Case?](https://civtrial.com/news/what-is-a-texas-premises-liability-case/) - What is a Premises Liability Case? A premises liability case is a case based on an argument that you were injured due to a dangerous condition on a property. This could be a claim for an injury you incurred in a restaurant, a store, a friend’s house, or even a nightclub. Understanding Premises Liability Property
- [Use Photos & Videos To Document Your Personal Injury Claims](https://civtrial.com/news/use-photos-videos-to-document-your-personal-injury-claims/) - A picture isn’t just worth a thousand words; in a personal injury lawsuit, it could be worth thousands of dollars. The Power of Visual Evidence For your case, our goal is to best tell your story to an insurance adjuster or a jury. We want them to understand what happened to you and to understand
- [Understanding Physical Impairment in Personal Injury Claims](https://civtrial.com/news/understanding-physical-impairment-in-personal-injury-claims/) - What’s the most important element of damages in your personal injury claim? Physical Impairment. What is Physical Impairment? Under Texas law, physical impairment damages compensate you for your inability to do or enjoy activities that you were able to do before your wreck or other incident. There are a huge variety of activities that could
- [The Risks of E-Bikes for Kids: Why Safety Precautions Are Essential](https://civtrial.com/news/the-risks-of-e-bikes-for-kids-why-safety-precautions-are-essential/) - Are you letting your kids ride e-bikes without considering the risks?As I’m driving around my neighborhood, I see more and more kids riding e-bikes. While I think it’s great that kids are getting out of the house and into the outdoors, I also hope that parents are making sure that their kids are safe.The Rise
- [The Aftermath of a Pedestrian Fatality Near Austin Airport Incident](https://civtrial.com/newswrongful-death/the-aftermath-of-a-pedestrian-fatality-near-austin-airport-incident/) - In a tragic incident near Austin-Bergstrom International Airport, a pedestrian was struck and killed by a vehicle, marking the city's 72nd fatal crash of the year. The crash highlights a troubling trend of increasing fatalities on Austin's roadways. Schuelke Law urges individuals affected by such accidents to seek immediate legal counsel. According to the Austin
- [Social Media And Your Personal Injury Claim](https://civtrial.com/news/social-media-and-your-personal-injury-claim/) - Social Media Can Kill Your Personal Injury Case What you post online could harm your chances of getting the compensation you deserve. Why Social Media is a Risk What you post on your social media isn’t just for you. If you’re making a personal injury claim, insurance adjusters and lawyers will use your social media
- [Road Safety After Fatal Crash in Austin: What Happens When You Crash With A Truck Tractor ](https://civtrial.com/auto-accidentsnews/road-safety-after-fatal-crash-in-austin-what-happens-when-you-crash-with-a-truck-tractor/) - An Austin driver lost their life in a tragic collision with a truck tractor on October 18th, 2024, after reportedly running a red light. The accident at the intersection of Thomas Springs Road and SH 71 involved a Kia traveling east and a truck tractor heading south. According to the Texas Department of Public Safety
- [Personal Injury: The Importance Of Full Disclosure To Your Doctor](https://civtrial.com/news/personal-injury-the-importance-of-full-disclosure-to-your-doctor/) - One of the most important ways to strengthen your personal injury claim is to ensure your doctor knows about all your injuries. Why Patients Don’t Fully Disclose Their Injuries To Their Doctors Most patients don’t mention all of their injuries to their doctors, and this can come back and hurt your personal injury claim. One
- [Personal Injury Problems: Talking To The Insurance Company](https://civtrial.com/news/personal-injury-problems-talking-to-the-insurance-company/) - How Talking to the Insurance Company Can Hurt Your Personal Injury Claim After you are injured, you may get a call from an insurance adjuster wanting information about your claim. Be wary of these calls. Mistakes you make in these calls can harm the value of your case. Avoiding these calls is a big reason
- [How Much Uninsured Motorist Insurance Should You Buy?](https://civtrial.com/news/how-much-uninsured-motorist-insurance-should-you-buy/) - Uninsured and Underinsured Motorist Coverage I’m a huge advocate of uninsured and underinsured motorist coverage. In fact, over the years, I’ve traveled all over the state speaking to groups of lawyers about how to be more effective in pursuing their uninsured/underinsured motorist claims. For me, when you’re buying auto insurance in Texas, the question isn’t
- [Hit-And-Run Wrecks: Your Rights, Your Responsibilities](https://civtrial.com/news/hit-and-run-wrecks-your-rights-your-responsibilities/) - What to Do After a Hit-and-Run Accident: Protecting Your Rights It is frustrating to be involved in a hit-and-run wreck. And most people think that if you’re hit by someone who flees the scene, then you can’t make a recovery. That’s not right. Tracking Down the Other Driver If we can somehow track down the
- [Could Water Help A Brain Injury?](https://civtrial.com/news/could-water-help-a-brain-injury/) - What’s one surprising way to help people recover from brain injuries? Spend time around the water. The Blue Mind One of my favorite books is Blue Mind: The Surprising Science That Shows How Being Near, In, On, Or Under Water Can Make You Happier, Healthier, More Connected, and Better At What You Do. One of
- [Car Wrecks: Insurance Companies Are Not The Same](https://civtrial.com/news/car-wrecks-insurance-companies-are-not-the-same/) - Texas Car Wrecks: The Biggest Mistake People Make When Buying Auto Insurance Personal injury lawyers know auto insurance policies and carriers inside and out. When you're shopping for auto insurance, it's easy to assume that all companies are the same. But they’re not. While it's natural to want to save money, don’t just look at
- [Can I afford a personal injury lawyer?](https://civtrial.com/news/can-i-afford-a-personal-injury-lawyer/) - How Much Does a Personal Injury Lawyer Cost ? One of the most common questions we get is, "How much does a personal injury lawyer cost?" Fortunately, you won't have to pay most personal injury lawyers out of your pocket. Most personal injury lawyers, including us, work on a contingency fee basis. That means that
- [Austin Car Wrecks --- Austin Traffic is #119](https://civtrial.com/news/austin-car-wrecks-austin-traffic-is-119/) - Austin Car Wrecks --- Austin Traffic Is Ranked #119 In The World If you live or work in Austin, you know that our traffic is terrible, especially at the wrong time of day. But how bad is it, really? According to data from Inrix, a global firm that tracks traffic in 900 cities worldwide, Austin
- [Truth About Tort Reform Supporter Uncovered](https://civtrial.com/general-litigation/truth-about-tort-reform-supporter-uncovered/) - The Houston Chronicle has a great story about Dr. Forney Fleming, a spokesman for Texans For Lawsuit Reform. Dr. Fleming was a key spokesperson for TLR and even prominently featured on its website. But, according to the Chronicle, TLR forgot to tell you that Dr. Fleming was reprimanded by the Texas Medical Board for substandard
- [Tort Reform - The False Choice](https://civtrial.com/general-litigation/tort-reform-the-false-choice/) - As the legislature reconvenes in Austin, Texas Watch released a new study called THE FALSE CHOICE: DOCTORS OR ACCOUNTABILITY. The main premise of the study is that Texans were provided a false choice between access to health care and protecting patient rights when presented with tort reform's Prop 12 in 2003. The study makes three
- [Small Businesses: Unwitting Victims of Tort Reform](https://civtrial.com/general-litigation/small-businesses-unwitting-victims-of-tort-reform/) - We routinely represent small businesses, not only from Austin, but from all over Texas, in disputes and litigation. And it seems more common that small business owners are victims of improper conduct by larger corporations, and they are ending up in our office, seeking our advice on how to enforce their contracts or how to
- [Justice Medina's Saga Continues, plus more Supreme Court drama](https://civtrial.com/general-litigation/justice-medinas-saga-continues-plus-more-supreme-court-drama/) - As we have previously reported and updated, Texas Supreme Court Justice David Medina and his wife were indicted in connection with an alleged arson event at their home. At the District Attorney's request, the indictments were dismissed. But the story appears to be far from over. Today, the grand jurors are stating that they will re-urge the investigation
- [An Interesting New Website](https://civtrial.com/general-litigation/an-interesting-new-website/) - The Robing Room -- a new website that rates federal judges and some state court judges (Texas is not yet included). It will be interesting to see if this site gets any traction. To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Schuelke Law or to learn more about Austin
- [A Discrimination Lawsuit Against The Olympics --- with a twist](https://civtrial.com/general-litigation/a-discrimination-lawsuit-against-the-olympics-with-a-twist/) - I heard an interesting story on NPR yesterday about a discrimination lawsuit against the Olympics. Ten women from six countries are suing to seek the right to participate in ski jumping at the 2010 Vancouver Olympic Winter Games. Ski jumping is the only sport that is open to men, but closed to women. The ten
- [What Martin Luther King, Jr Day Means To Lawyers](https://civtrial.com/general/what-martin-luther-king-jr-day-means-to-lawyers/) - I wanted to write something as a tribute appropriate for this Martin Luther King, Jr. Day, but I was searching around for a something that inspired me, and I was coming up empty. But then, a note in my inbox pointed me to a blog post from Kelly Erb at the Taxgirl blog. Kelly put
- [We Are Back](https://civtrial.com/general/we-are-back/) - Some of you may have noticed that the blog has been AWOL for the last few days. Unfortunately, our internet provider moved over to new servers, and the blog didn't make it. I think we have the technical errors corrected, and we should be up and running back to normal. Thanks for your patience. To
- [Texas Supreme Court Justice Indicted](https://civtrial.com/general/texas-supreme-court-justice-indicted/) - Not many details are out, but KHOU tv in Houston is reporting that Texas Supreme Court Justice David Medina and his wife have been indicted in connection with an arson fire at their home last summer. We'll have more details and thoughts as the story unfolds. To contact Austin Personal Injury Lawyer, Austin Personal Attorney,
- [Supreme Court Justice in the Hotseat](https://civtrial.com/general/supreme-court-justice-in-the-hotseat/) - Texas Watch continues to follow the saga of Texas Supreme Court Justice Nathan Hecht. As you may recall, Hecht was censured for remarks made about former US Supreme Court nominee Harriet Miers. Hecht fought those charges and incurred significant legal fees in the process. Reportedly, Hecht then sought the passage of a state law that
- [Sorry For The Lack Of Posts](https://civtrial.com/general/sorry-for-the-lack-of-posts/) - I have gone longer than I like without posting, but we recently started a trial in a trucking case. I decided that it was best to limit posts during the actual trial. I'll try and keep up my end of the posting bargain after the trial ends, which will probably be next week. I hope
- [Some Problems With Judicial Elections](https://civtrial.com/general/some-problems-with-judicial-elections/) - Yesterday was the start of early voting in Texas. While the presidential campaign gets all the hype, three Texas Supreme Court justices are up for re-election, and the election highlights some of the problems with judicial elections. The first is campaign contributions. Earlier this month, the non-profit Texans for Public Justice issued a report on
- [Plaintiff's Lawyers Serve As Reminders Of The Dangers Of Greed](https://civtrial.com/general/plaintiffs-lawyers-serve-as-reminders-of-the-dangers-of-greed/) - Unfortunately, two plaintiff's lawyers have made the news this month, and not in a good way. In fact, both stories show the danger of greed and how people can become victims of their own success. The first case involves Florida personal injury lawyer Louis Robles, the proclaimed King of Torts. Mr. Robles pled guilty last
- [Penn. Judges Bribed To Send Kids To Prison?](https://civtrial.com/general/penn-judges-bribed-to-send-kids-to-prison/) - I'm not sure I've ever seen a more appalling story about the judicial system. The Associated Press is reporting that two Pennsylvania judges have been charged with accepting millions of dollars in bribes to send teenagers to two privately run youth detention centers. And for petty crimes too. The story mentions one young girl sent
- [Legislative Update](https://civtrial.com/general/legislative-update/) - For those interested in the legislative process, Texas Watch has issued a recent press release providing a summary of some of the pro-consumer legislation that is being proposed. To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Schuelke Law or to learn more about Austin Personal Injury visit https://schuelkelawstg.wpenginepowered.com/.
- [Justice Medina's Saga Continues](https://civtrial.com/general/justice-medinas-saga-continues/) - As we’ve previously written, Republican Supreme Court Justice Medina and his wife were indicted last month by a Harris County grand jury for conduct relating to a fire at their home. Shortly thereafter, the Republican district attorney had the indictments dismissed. Now the case takes another twist. Six members of the grand jury have sued
- [Judge in Lost Pants Lawsuit Now Loses Job](https://civtrial.com/general/judge-in-lost-pants-lawsuit-now-loses-job/) - Roy Pearson, the Washington judge who sued his dry cleaner after they lost his pants, has lost his job. Mr. Pearson had been up for a ten year appointment to the bench. Instead, the Washinton Post reports that he received a letter yesterday at 3:30 p.m. telling him to vacate his office by 5:00 p.m. Hopefully,
- [Insurance Premiums -- We're Not Number 1](https://civtrial.com/general/insurance-premiums-were-not-number-1/) - Great News. According to an article in the Fort Worth Star Telegram, Texas is no longer number 1 in the country in costs of homeowners' insurance. We have recently slipped into second place behind Florida. However, our drop could be shortlived. Alex Winslow, director of Texas Watch, says that Florida has recently enacted homeowners' insurance
- [In Support of Pakistani Lawyers](https://civtrial.com/general/in-support-of-pakistani-lawyers/) - Jay Harvey, an Austin personal injury lawyer and current president of the Texas Trial Lawyer's Association, has a letter to the editor in today's paper supporting the Pakistani lawyers who are standing up for the rule of law. There have been demonstrations all over the country in support of the lawyers, including demonstrations in New
- [CPSC Heads Receive Gifts From Industry](https://civtrial.com/general/cpsc-heads-receive-gifts-from-industry/) - We’ve been critical of the Consumer Products Safety Commission for its failures in regulating dangerous products (see posts here, here and here). Now, the Washington Post reports that manufacturer groups have paid for numerous trips for CPSC executives: The chief of the Consumer Product Safety Commission and her predecessor have taken dozens of trips at the
- [Blog Action Day: Poverty](https://civtrial.com/general/blog-action-day-poverty/) - Today is Blog Action Day, an event where bloggers unite on one day to discuss a single issue. This year's topic is poverty, which is fitting since I was asked to participate in this event by my friend Kerry Qunell at the Capital Area Food Bank. I thought I'd take a little different spin and talk about Volunteer
- [Be Wary of What You Write: The Internet Lasts Forever](https://civtrial.com/general/be-wary-of-what-you-write-the-internet-lasts-forever/) - It started so simply. The pediatrician wanted an outlet to vent and express his ideas so he started a blog. Blogging under the name "Flea," he had a fairly popular blog with intellectually stimulating posts. But Flea was sued for malpractice after he allegedly failed to diagnose that one of his patients was diabetic, and
- [Austin Law Blogs](https://civtrial.com/general/austin-law-blogs/) - This is a diversion from our regular personal injury and litigation news, but I saw Kevin O’Keefe had a post earlier this week that Austin was the top blogging city in the country. If that’s the case, why are there so few law blogs in town. Aside from this one, the only active law blogs
- [A UT Law Oddity](https://civtrial.com/general/a-ut-law-oddity/) - As Univeristy of Texas grads, we're always interested in blogs of fellow UT grads. Two of the better blogs in the tort arena from UT Law grads are Bill Childs' TortsProf Blog and Edmund Normand's firm blog at Wooten, Honeywell in Orlando. The odd thing is that even though these guys are now in different parts
- [A lawyer's guide to Father's Day](https://civtrial.com/general/a-lawyers-guide-to-fathers-day/) - Not our usual post, but we're both fathers, and in honor of father's day, we thought the USA Today article, A Lawyer's Guide to Father's Day, deserves a link. Among the highlights of the article: But the most important lesson is that all children are born with an innate sense of the law. Indeed, when
- [A Good Lawyer](https://civtrial.com/general/a-good-lawyer/) - At the Texas Trial Lawyer's Association annual meeting last week, Dallas trial lawyer Al Ellis gave a talk on what it means to be a trial lawyer. During the speech he reminded me of a little book that I haven't thought of in a while. In 1997, Washington D.C. Lawyer Stephen Comiskey wrote "A Good
- [A Good Lawyer, Chapter 5](https://civtrial.com/general/a-good-lawyer-chapter-5/) - Over the past couple of weeks, I have been looking at Stephen Comiskey’s book, A Good Lawyer. I’ve previously posted my favorite excerpts from Chapter 1, Chapter 2, Chapter 3 and Chapter 4. Today, I look at Chapter 5, which is available online. Again, the book is out of print, but I encourage all of
- [A Good Lawyer, Chapter 3](https://civtrial.com/general/a-good-lawyer-chapter-3/) - In the last couple of days, I've been posting my favorite excerpts of Stephen Comiskey's book, A Good Lawyer. We've looked at Chapter 1 and Chapter 2, and today move on to Chapter 3. Unfortunately, Chapter 3 isn't online so readers will have to rely on my favorite chosen parts. Chapter 3 is entitled "The
- [A Good Lawyer, Chapter 2](https://civtrial.com/general/a-good-lawyer-chapter-2/) - Yesterday, I started reviewing/posting excerpts from Stephen Comiskey's book "A Good Lawyer." It is five chapters long, and I'll be posting on each chapter over the next week or so. As I mentioned, I think it's a must read, and I would encourage all lawyers to try and get their hands on a copy. It
- [A Good Lawyer, Ch. 4](https://civtrial.com/general/a-good-lawyer-ch-4/) - A couple of weekends ago, I was prompted to go back and read Stephen Comiskey’s must read book "A Good Lawyer: Secrets Good Lawyers [and their clients] Already Know." Last week I started a series looking at my favorite excerpts from each of the books. I’ve reviewed Chapter 1, Chapter 2, and Chapter 3. Today,
- [5 Non-Law Blogs and 5 Legal Bloggers](https://civtrial.com/general/5-non-law-blogs-and-5-legal-bloggers/) - This weekend, I was tagged by the Torts Prof professors to participate in the latest legal blog meme by naming 5 non-law blogs I find interesting and tagging 5 other legal bloggers to do the same. Because Austin is the #1 blogging city in the country, I thought I'd make my lists with a little
- [Present Value Calculation for Death Compensation](https://civtrial.com/wrongful-death/present-value-calculation-for-death-compensation/) - One of the most confusing things about wrongful death compensation is how it is calculated. It’s hard enough to handle the fact that you suddenly lost a loved one due to the negligence of another, let alone understand how to calculate wrongful death compensation. These cases definitely need the skill of an experienced Austin personal
- [Possible defective tire tread kills three, injures six others](https://civtrial.com/firm-newstrucking-accidentswrongful-death/possible-defective-tire-tread-kills-three-injures-six-others/) - You never know when a defective product may cost you your life. The man in this case never saw this accident coming. This case was disturbing, as it deals with product liability issues that go right to the heart of consumer trust and confidence. This was a single-vehicle rollover that killed a pregnant woman and
- [New Data Shows Cell Phone Use Contributing To Car Wrecks And Wrongful Deaths](https://civtrial.com/wrongful-death/new-data-shows-cell-phone-use-contributing-to-car-wrecks-and-wrongful-deaths/) - Yesterday’s New York Times broke a story that two public interest groups had obtained research and studies from the National Highway Traffic Safety Administration that document the dangers of cell phone use while driving. Apparently the documents and a requested study of 10,000 drivers were all shelved because the NHTSA was more worried about politics
- [Family of Deceased Files Wrongful Death Lawsuit after Vicodin Kills Husband](https://civtrial.com/wrongful-death/family-of-deceased-files-wrongful-death-lawsuit-after-vicodin-kills-husband/) - The parents of a dead man were suspicious of their daughter-in-law’s role in the sudden death of their son, so they filed a wrongful death lawsuit. “This is an unusual case, one that captured the attention of the media for many months as the twists and turns of the story unfolded. In this reported case,
- [Distracted Driving Lands Driver 30 Day Jail Sentence](https://civtrial.com/wrongful-death/distracted-driving-lands-driver-30-day-jail-sentence/) - I've been on a bit of a blog hiatus because we're in the process of re-designing the website, but this story begs to be blogged about. Today, a Texas judge sentenced a 24 year old Humble woman to 30 days in jail and 10 years probation and ordered her to pay a $10,000.00 fine after her
- [Dangers of Loose or Stray Tires](https://civtrial.com/trucking-accidentswrongful-death/dangers-of-loose-or-stray-tires/) - Earlier this week, Pedro Garcia, a state worker who had stopped on the roadway to pick up trash, was killed when he was hit by two loose tires that had come off of a passing tractor trailer. This may seem like a strange fact pattern for an injury, but it's not. Earlier this month, a
- [Assault in Nursing Home Results in Wrongful Death](https://civtrial.com/firm-newswrongful-death/assault-in-nursing-home-results-in-wrongful-death/) - Nursing home abuse may escalate into a wrongful death scenario. This case did. “It’s difficult to read and hear about senior citizens being mistreated so badly that they die as a result of someone’s abuse. In this case, an 85-year-old woman was viciously throttled, then thrown on the ground. She was further neglected by assisted-living
- [Workplace Fatality May Be a Wrongful Death Stated Austin Personal Injury Lawyer](https://civtrial.com/workplace-accidents/workplace-fatality-may-be-a-wrongful-death-stated-austin-personal-injury-lawyer/) - On the job accidents are virtually an everyday occurrence across the nation. This case demonstrates that personal injury accidents may happen when least expected. The 52-year-old man involved in this accident was working on a ride at a theme park, when he fell and sustained a severe head injury. The ride in question was closed
- [Texas Oil Field Accident Kills One Indicates Austin Personal Injury Lawyer](https://civtrial.com/workplace-accidents/texas-oil-field-accident-kills-one-indicates-austin-personal-injury-lawyer/) - When fatal accidents happen at work, the family may want to file a wrongful death lawsuit. The day started out like any other workday for the 44-year-old Texas oil field worker. He got to work and started getting ready to get on with his day. The man and his co-worker were working on a pipe
- [Slip and Fall Accidents Do Not Net Plaintiffs an Economic Windfall](https://civtrial.com/workplace-accidents/slip-and-fall-accidents-do-not-net-plaintiffs-an-economic-windfall/) - While some think a slip and fall case is an accident that will create an economic windfall for the plaintiff, this could not be further from the truth. Slip and fall cases, also referred to as premises liability, happen when you or someone else slips and falls on the land, business or premises of a
- [It’s not just construction workers that may be hurt on the job](https://civtrial.com/workplace-accidents/its-not-just-construction-workers-that-may-be-hurt-on-the-job/) - Accidents can and do happen every day, and not just on construction sites. Even with the nation’s economy still in turmoil, there are still at least 100 million people that still have a job to go to. The jobs vary in what they demand of those who ply their trade to make a living. Just
- [Failing To Report A Workplace Injury Could Cost You Compensation](https://civtrial.com/workplace-accidents/failing-to-report-a-workplace-injury-could-cost-you-compensation/) - If you’re hurt at work, you must report it. If you don’t, you could lose your compensation. It goes without saying that accidents happen, particularly in the construction industry. If an accident does happen and a worker is injured and the injuries are directly linked to a mistake the employer made, the worker usually has
- [Catastrophic injuries are usually life-altering and permanent](https://civtrial.com/workplace-accidents/catastrophic-injuries-are-usually-life-altering-and-permanent/) - Not too many people understand the difference between a serious and catastrophic injury. One slows life down; the other is life-altering. The injuries that have the biggest impact on a person’s life are those referred to as catastrophic. Catastrophic means that the injuries are devastating, usually permanent and are life altering – the person’s life
- [Bee Cave Scaffold Collapse: Scaffolding Safety](https://civtrial.com/workplace-accidents/bee-cave-scaffold-collapse-scaffolding-safety/) - I was walking back to my office from an appointment this afternoon, and I read about a scaffold collapse on Bee Cave Road. I don't know what happened, but you can almost guarantee that there were a number of safety violations that led to the problem. I try not to usually make such generalizations, but
- [Tow Truck Crash Leaves One Driver With Critical Injuries](https://civtrial.com/trucking-accidents/tow-truck-crash-leaves-one-driver-with-critical-injuries/) - A collision between a car and a tow truck left a driver pinned inside their vehicle on the North Mopac Expressway in late October 2024. The crash occurred just before 11 p.m. on the expressway near the Arboretum Shopping Center in North Austin. A driver was trapped inside their vehicle as a result of the
- [There are two sides to every big rig accident](https://civtrial.com/trucking-accidents/there-are-two-sides-to-every-big-rig-accident/) - While it may look like the big rig accident you’re seeing was the trucker’s fault; that might not be the case. Usually, when people see a trucking accident, they immediately assume that the trucker was the one at fault. In some cases, that assumption might be accurate. In others, not so much. Perhaps the driver
- [Seven Ton Postal Truck Crushes Cyclist](https://civtrial.com/firm-newstrucking-accidents/seven-ton-postal-truck-crushes-cyclist/) - This gruesome case demonstrates that bicycles and large trucks do not mix. “This is a horrific case. A seven-ton U.S. Postal Service truck crushed a woman on a bicycle and then left the scene of the accident,” said Brooks Schuelke, an Austin personal injury lawyer withSchuelke Law. “As the facts unfolded, it turned out the man
- [Turning Tragedy Into Triumph: Empowering Austin Families After Truck Accidents](https://civtrial.com/trucking-accidents/empowering-austin-families-after-truck-accidents/) - In December 2014, a heart-wrenching truck accident near Odessa, Texas, forever changed the lives of one family. A collision between a tractor-trailer and a family vehicle resulted in catastrophic injuries, leaving a young girl paralyzed. Years later, a Texas court held the trucking company, Werner, responsible, awarding the victims over $100 million in damages. This
- [Determining Who Is At Fault in SUV, 18-Wheeler Accident Depends On An Investigation](https://civtrial.com/trucking-accidents/determining-who-is-at-fault-in-suv-18-wheeler-accident-depends-on-an-investigation/) - This recent accident highlights how complex motor vehicle accidents involving a big rig can be, even more so when a perhaps poorly maintained highway was the cause of this bus crash. Determining who is at fault for this collision depends on an accident investigation. The Goodyear Venom Volleyball Club was on its way to Austin,
- [Wrong Site, Wrong Person, Wrong Procedure Problems Continue](https://civtrial.com/medical-malpracticepersonal-injury/wrong-site-wrong-person-wrong-procedure-problems-continue/) - I'm fascinated by the phenomenon of surgeons performing the wrong procedures. It doesn't make sense that a doctor would ever perform a surgery on the wrong site/body part, perform the wrong procedure on a patient, or perform a procedure on the wrong person. And yet, it happens over and over again. I've written extensively on
- [Wrong Site Surgery](https://civtrial.com/personal-injury/wrong-site-surgery/) - We've both been practicing personal injury law here in Austin for several years, and we've seen a lot of different types of personal injury claims. And of all the claims we see or hear about, the claims that make the least sense are those where doctors have either operated on the wrong part of their
- [What Goes Up May Come Down and Kill](https://civtrial.com/personal-injury/what-goes-up-may-come-down-and-kill/) - Not many people realize that there are several thousand elevator deaths every year. Most happen on job sites. “Just about anyone that has ever worked on a construction site realizes that accidents can and do happen, despite safety measures and other precautions. While most people figure the main reason for accidents is working with scaffolding
- [Westminster Manor Crane Accident Revives Question:  Should Austin Regulate Crane Operators](https://civtrial.com/personal-injuryworkplace-accidents/westminster-manor-crane-accident-revives-question-should-austin-regulate-crane-operators/) - This afternoon, a construction worker was seriously injured when a crane collapsed at the Westminster Manor construction site. These types of on-the-job injuries raise a number of interesting legal questions. But today, I'm not worried about legal questions; instead, I'm worried about a safety question. This is not the first crane collapse in Austin or
- [Tort "Reform":  Does Governor Perry Not Understand "Loser Pays" Or Is He Trying To Defraud Texans?  Part Two](https://civtrial.com/personal-injury/tort-reform-does-governor-perry-not-understand-loser-pays-or-is-he-trying-to-defraud-texans-part-two/) - Yesterday, I had a post about Governor Perry's fraudulent attempt to sell his one way "plaintiff pays" tort reform idea as a "loser pays" system. In that post, I talked about how the Governor's attempt was not only fraudulent and unfair, but it also loses most of the benefits of a "loser pays" system that conservatives have
- [Tort Reform By Preemption](https://civtrial.com/personal-injury/tort-reform-by-preemption/) - There is an interesting dichotomy about the importance of public safety. This month, the Center for Progressive Reform released a white paper, The Truth About Torts: Using Agency Preemption To Undercut Consumer Health and Safety, discussing the Bush administration's continued use of preemption as a tort reform measure. The paper, written in part by law
- [The Personal Injury Law Round-Up is ALIVE](https://civtrial.com/personal-injury/the-personal-injury-law-round-up-is-alive/) - Earlier this week, the guys (and gal) over at TortsProf announced that they would take over the Personal Injury Law Round-Up. I presume that their first effort will be tomorrow. Hopefully, with three profs to contribute, they can avoid the over-work, burnout issue. I'd also suggest that all go to their site and listen to their
- [The NFL Has A Way To Go On Head Injury Care](https://civtrial.com/personal-injury/the-nfl-has-a-way-to-go-on-head-injury-care/) - In the past, I've praised the NFL for leading the way in the study of the prevention and care of head injuries and brain injuries. But last night, they took a step backward. Fellow University of Texas alum Colt McCoy was absolutely blown up by a shot to the head by James Harrison. After the
- [Texas Two Step - Tort Reform Style](https://civtrial.com/personal-injury/texas-two-step-tort-reform-style/) - My friend Steve Lombardi, a personal injury lawyer in Des Moines, had a great post today in his Injuryboard blog. In the post, Steve looks at a Texas medical malpractice case where the plaintiff's claim was devestated by the tort reform era cap on non-economic damages. I can't do the post justice so I just encourage all
- [Texas Is No. 1 ---- For Fried Turkey Fires](https://civtrial.com/personal-injury/texas-is-no-1-for-fried-turkey-fires/) - Earlier this week, State Farm released a study finding that we're once again tops in an unwanted category --- number of fires from frying turkeys. The study notes that between 2007 and 2011, Texas had 19 reported fires started by those frying turkeys. We just inched ahead of New York and Illinois, who each
- [Texas Injury Law Blog](https://civtrial.com/personal-injury/texas-injury-law-blog/) - Sad to say I didn't notice it, but Blake Bailey, a Tyler personal injury lawyer and fellow member of the Texas Trial Lawyers' Association, is once again actively posting on his Texas Injury Law Blog. I recommend it for anyone with an interest in Texas personal injury law. He's got some interesting posts on whether a driver is
- [Texas Football, DWI, and Lessons Learned](https://civtrial.com/personal-injury/texas-football-dwi-and-lessons-learned/) - It's no secret that I'm a University of Texas sports fan. My dad played baseball at UT, I have undergrad and law degrees from UT, my mom went to UT, and my younger brother went to UT. I have two kids, each of whom knew the Eyes of Texas and Texas Fight by the time
- [Austin Ben White Car Wreck Is Another Deadly Wrong Way Crash](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/austin-ben-white-car-wreck-is-another-deadly-wrong-way-crash/) - Another wrong way wreck for Austin. Early this morning, Austin had its latest traffic fatality when a driver was driving the wrong way on Ben White Boulevard, resulting in a head-on collision with a Tombstone Pizza delivery truck. A passenger in the wrong way vehicle was ejected from the vehicle and immediately killed. The driver
- [Texas Farm Bureau & Texas Department Of Insurance Trying To Take Away Important Rights](https://civtrial.com/newsletterpersonal-injurysocial/texas-farm-bureau-texas-department-of-insurance-trying-to-take-away-important-rights/) - I've seen a lot of questionable conduct by insurance companies, but the latest proposal may take the cake. Texas Farm Bureau is now petitioning the Texas Department of Insurance to allow it to offer a "discount" to its home insurance customers in exchange for customers giving up their rights to a fair trial of any
- [Texas Cracks Down On Uninsured Drivers](https://civtrial.com/personal-injury/texas-cracks-down-on-uninsured-drivers/) - Yesterday's Dallas Morning News has an article detailing the legislature's new plan to crack down on uninsured drivers. The plan, which goes into effect next month, creates a database of uninsured drivers and makes that database available to law enforcement officials and others. The plan is summarized by the article as follows: Uninsured drivers will be
- [Summer Safety Tips:  Oregon Tennis Player Alex Rovello Drowns In A Cliff Jumping/Diving Accident](https://civtrial.com/personal-injury/summer-safety-tips-oregon-tennis-player-alex-rovello-drowns-in-a-cliff-jumpingdiving-accident/) - I was prompted to start my standard Summer Safety Tips series by hearing today's tragic news of Alex Rovello. Alex, a tennis player at the University of Oregon, tragically died this weekend after diving near the water fall of a popular Oregon swimming hole. Sadly, Alex's story is not unique. Each year, thousands of people
- [Something A Little Different - A Nationwide Look At I-35 Wrecks](https://civtrial.com/personal-injury/something-a-little-different-a-nationwide-look-at-i-35-wrecks/) - Many of our serious injury cases are the result of car or trucking wrecks on I-35. Because it's an interstate, with more cars and trucks traveling at higher rates of speed than typical roads, I-35 has more opportunities for drivers, construction workers, and others to be injured in accidents. But it's not a problem that's limited
- [Serious Personal Injury Demands Higher Compensation](https://civtrial.com/personal-injury/serious-personal-injury-demands-higher-compensation/) - Serious personal injuries are also referred to as catastrophic injuries. They usually merit higher damage awards. If someone has been involved in a really bad accident and is severely injured – badly enough to never be the same person they were before the accident – their injuries are called catastrophic. It’s an apt choice of
- [Protect Yourself: Personal Injury Protection and Uninsured Motorist Coverage](https://civtrial.com/personal-injury/protect-yourself-personal-injury-protection-and-uninsured-motorist-coverage/) - One of our recent cases demonstrates the importance of buying insurance to protect yourself. Dick and Jane were both passengers in a vehicle that was hit when the other driver made an improper turn. We represented both Dick and Jane in the wreck, and we settled their claims for what we thought were decent amounts.
- [Protect Your Children From Drowning](https://civtrial.com/personal-injury/protect-your-children-from-drowning/) - None of us think it will happen to us or our kids, but it does. For whatever reason, Austin is seeing an increase in child drownings the last few years. Yesterday, officials from Dell Children’s Medical Center warned about the alarming increase in child drowning injuries. In 2007, there were two child drowning deaths in
- [Progressive Spies on Personal Injury Victims](https://civtrial.com/personal-injury/progressive-spies-on-personal-injury-victims/) - How far is too far? Personal injury lawyers have always known that insurance companies might hire investigators to follow their clients. But a new story shows just how far some companies are willing to go. Last week, the Atlanta Journal Constitution broke a story that started: When a new couple arrived at Southside Christian Fellowship
- [Protect Your Child From Concussions Or Head Injuries With A Proper Football Helmet](https://civtrial.com/personal-injury/protect-your-child-from-concussions-or-head-injuries-with-a-proper-football-helmet/) - Football season....it reminds me of the Christmas Song..."It's The Most Wonderful Time Of The Year." While each football season brings excitement, camaraderie, and fun, it also brings new cases of head injuries or concussions. And for some reason, football related head injuries and concussions have been in the news lately. Just this week, several former
- [Preparing For Your Personal Injury Mediation](https://civtrial.com/personal-injury/preparing-for-your-personal-injury-mediation/) - In Texas, most cases are required to go through mediation before they can proceed to trial. Some lawyers just tell their clients to show up, but I'm a strong believer in the idea that if you're prepared for the mediation, you'll be able to make much better decisions about your case. Here are some tips to
- [Another Central Texas Wrong Way Driver Wreck](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/another-central-texas-wrong-way-driver-wreck/) - Early this morning, a driver driving the wrong way on IH 35 near Kyle (where I grew up) caused a wreck that killed four people and injured two others. In this instance, the wrong way driver was driving southbound in the northbound lanes of IH 35 at the Kyle Parkway exit. Unfortunately, the car hit
- [Playground Concussions Are On The Rise](https://civtrial.com/newsletterpersonal-injurysocial/playground-concussions-are-on-the-rise/) - One of the recent headlines on Yahoo News was a story that playground concussions are on the rise. You might be surprised to find that I think this is great news. Why? I don't think the actual number of concussions are rising. Instead, I think parents and school nurses and such are getting much better
- [Phases of a Personal Injury Lawsuit](https://civtrial.com/personal-injuryspecial-resources/phases-of-a-personal-injury-lawsuit/) - We're big believers in the idea that clients and potential clients need to know as much as possible about their claims and the claim process so that the clients can make informed decisions when deciding how to proceed witgh their claims. One of our repeated conversations is a description of the phases of a personal
- [Personal Watercraft Safety](https://civtrial.com/news/schuelke-law-discusses-how-fatal-traffic-2024-crash-data-shows-little-improvement/) - KXAN’s collection of fatal traffic accident data shows that Austin’s 2024 death rates aren’t improving much over 2023. Austin set a record high for traffic accident deaths in 2022, with 122 total fatalities. These deaths included drivers, passengers, pedestrians, bicyclists, and motorcyclists. In 2023, 94 total traffic deaths were reported in Austin. The city has
- [Personal Injury --- Trauma Activation Fees Revisited](https://civtrial.com/personal-injury/personal-injury-trauma-activation-fees-revisited/) - A couple of months ago, I wrote about the increasing issue we're seeing with "trauma activation fees" being charged by local hospitals, most notably Brackenridge. Yesterday, the Austin American Statesman ran a front page investigatory story on these fees. These fees are what the hospitals are adding to bills just in case you need a
- [Personal Injury Subrogation In The News](https://civtrial.com/personal-injury/personal-injury-subrogation-in-the-news/) - We’ve previously written about the problems of personal injury subrogation and ERISA subrogation. Now, a Minneapolis television station has run a story outlining the problems that a husband has encountered surrounding subrogation in the medical malpractice context. There are two things that are interesting about the story. First, it’s a good background on subgrogation. The
- [Personal Injury Subrogation Explained](https://civtrial.com/personal-injury/personal-injury-subrogation-explained/) - In a topic near and dear to my heart, local attorney Judy Kostura has a very nice editorial in this morning's Austin American Statesman that discusses, in plain language, the issues concerning personal injury subrogation. Subrogation is a problem in almost all personal injury cases, and it's something we've discussed in the following posts: Personal
- [Personal Injury Subrogation, continued](https://civtrial.com/personal-injury/personal-injury-subrogation-continued-2/) - Last October I wrote about Walmart asserting a subrogation claim against one of its employees who had made a recovery in a personal injury case. The case is an example of how many cases can become difficult, if not impossible, to resolve because of the subrogation claims. This problem is picking up a little steam
- [Personal Injury Lawyer Blogs](https://civtrial.com/personal-injury/personal-injury-lawyer-blogs/) - We’re not aware of any other Austin personal injury lawyers or attorneys that maintain blogs, but there are some good personal injury blogs from lawyers in Texas and around the country. In Texas, we routinely read the Texas Injury Law Blog and the P.I.S.S.D. blog (which always has interesting links of the day). Around the
- [Personal Injury Law Round-Up Update](https://civtrial.com/personal-injury/personal-injury-law-round-up-update/) - As most of you probably noticed, there hasn’t been a Personal Injury Law Round-Up for the last two weeks. I have been on vacation, and have not taken the time to post. I would have liked to have warned people that no posts would be forthcoming, but my family isn’t too thrilled with the idea
- [Personal Injury Law Round-Up Number 38](https://civtrial.com/personal-injury/personal-injury-law-round-up-number-38/) - Personal Injury Law Roundup Number 38 Thanks for coming back to this week’s personal injury round-up after the short Thanksgiving week. Since it was a busy week, we’ll hop right into it. Keeping with Eric’s form, we’ll start off with tort reform. We’ll start with a trio of Texas stories. First, the Dallas Morning News
- [Personal Injury Law Round-Up #61](https://civtrial.com/personal-injury/personal-injury-law-round-up-61/) - This is a crazy week. We have been swamped getting ready for two jury settings in June. Thankfully one case settled Wednesday literally an hour before a key deposition so now we have adequate time to prepare for the other case. I think we’re all looking forward to trying it — it is a legal
- [Personal Injury Law Round-Up #58](https://civtrial.com/personal-injury/personal-injury-law-round-up-58/) - Life has returned to normal, and I hope the Round-Up can return to its usual standard of glory (or substandard, as the case may be). But before we move on, congrats to Eric Turkewitz for being named the ABA’s Blawg of the Week. We’ll start off with tort "reform".... I suppose the big tort reform story
- [Personal Injury Law Round-Up #57](https://civtrial.com/personal-injury/personal-injury-law-round-up-57/) - Sorry for the delay in posting. I was in Florida at a seminar most of last week, and after taking the family on a weekend detour to Disney World, we didn’t return until after midnight last night. So this week’s version won’t be a complete round-up, but a short highlight of what’s going on. I’d
- [Personal Injury Law Round-Up #56](https://civtrial.com/personal-injury/personal-injury-law-round-up-56/) - It’s been a crazy week here in Austin so this week’s offer is a little slim. I don’t know how Eric Turkewitz has time to pull of the biggest April Fool’s Day joke in the history of the blogosphere, but I’m jealous. I will add that the fierce T-Ball Diamondbacks have their first game tomorrow
- [Personal Injury Law Round-Up #54](https://civtrial.com/personal-injury/personal-injury-law-round-up-54/) - I love this time of year. Spring rolls in, the weather’s great, and most importantly, the NCAA basketball tournament is gearing up. My University of Texas Longhorns are a #2 seed, and I’m very hopeful that they’ll get a chance to play in the Final Four in San Antonio, an hour from Austin. Times like
- [Personal Injury Law Round-Up #51](https://civtrial.com/personal-injury/personal-injury-law-round-up-51/) - I’m not a math genius, but I am smart enough to figure out that next week will be Personal Injury Law Round-Up #52, which probably means the one year anniversary of the Personal Injury Law Round-Up. I wanted to thank and congratulate Eric Turkewitz for starting the round-up. In his honor, I’ll learn how to insert
- [Personal Injury Law Round-Up #50](https://civtrial.com/personal-injury/personal-injury-law-round-up-50/) - It is a great time to be in Austin. We have the Democratic primary, last night’s debate, and local appearances by the candidates. We don’t often get to participate in the process this late in the game, and certainly the Democratic party hasn’t had this much input or excitement in a long time. Add in
- [Personal Injury Law Round-Up #49](https://civtrial.com/personal-injury/personal-injury-law-round-up-49/) - I’ve had a chance to catch my breath, and we have some very interesting links this week. First, to the tort "reform" news... I’ll start with the best post of the week, Eric Turkewitz’s How to Fool A Jury (Is It Insurance Fraud?). If you don’t click on any more of the links, click on
- [Personal Injury Law Round-Up #48](https://civtrial.com/personal-injury/personal-injury-law-round-up-48/) - This is an abbreviated version of the personal injury law round-up. Six days of depositions in the last week and a half plus planning for my youngest's 5th birthday party tomorrow have overwhelmed me a bit. The big tort "reform" issue this week has been contingency fees... Contingency fees are always a hot topic, but
- [Personal Injury Law Round-Up #45](https://civtrial.com/personal-injury/personal-injury-law-round-up-45/) - The big story of the week here in Austin is Texas Supreme Court justice David Medina being indicted for arson yesterday. After the indictment was handed down, the Harris County (Houston) DA, who himself is in hot water and may be forced to resign, plans to ask that the indictments be dismissed. Apparently, the grand
- [Personal Injury Law Round-Up #44](https://civtrial.com/personal-injury/personal-injury-law-round-up-44/) - This is an abbreviated, trial version of the round up. First, tort "reform" and lawyers behaving badly... The Chungs have become the new favorites of the tort-reform movement. On the other side, Kia Franklin at TortDeform has Glenn Beck’s ER horror story. New Jersey has voted to allow emotional harm in wrongful death suits. (Via
- [Personal Injury Law Round-Up #43](https://civtrial.com/personal-injury/personal-injury-law-round-up-43/) - I apologize for the short issue. Not only is it a slow week, but we’re getting ready for a medical malpractice trial starting next Monday. The blog and PI round-up provide a nice escape, but I don’t have enough time to escape enough to scan the globe for the usual stories. We’ll start off with
- [Personal Injury Law Round-Up #40](https://civtrial.com/personal-injury/personal-injury-law-round-up-40/) - This is an early edition of the Personal Injury Law Round-Up since I’ll be out of the office tomorrow working a volunteer project at a low income school in East Austin (even personal injury lawyers do some good out there). Perhaps the biggest news of the week, Eric Turkewitz was in a car wreck. He
- [Personal Injury Law Round-Up # 39](https://civtrial.com/personal-injury/personal-injury-law-round-up-39/) - Welcome to Personal Injury Law Round-Up # 39 (and our third attempt at it). This week’s edition contains pretty big news on the US Supreme Court front, but first we’ll start off with the traditional look at tort reform. We’ll start off with a bit of good news for those of us on the plaintiffs’
- [Personal Injury Claim: What If The Victim Dies Before Bringing A Lawsuit?](https://civtrial.com/personal-injuryspecial-resources/personal-injury-claim-what-if-the-victim-dies-before-bringing-a-lawsuit/) - If a person is injured and later dies as a result of a car wreck or other type of accident, then the nature of the claim is changed. In such a situation, there are two types of claims. The person's family members may bring a wrongful death lawsuit to seek a recovery for the damages
- [Personal Injury Cases May Also Involve Wrongful Death Says Austin Personal Injury Lawyer](https://civtrial.com/news/when-someone-injures-their-brain-healing-may-also-depend-on-the-time-of-day/) - Sustaining a traumatic brain injury (TBI) is the last thing anyone wants to happen in their lives. It can have long-lasting (and even permanent) effects and disrupt a survivor's life significantly. Recently, there have been some breakthroughs in treating a TBI, with one option showing an interesting promise. It was recently postulated that an injured
- [Patient Tips To Avoid Wrong Site Surgery](https://civtrial.com/medical-malpracticepersonal-injurywrongful-death/patient-tips-to-avoid-wrong-site-surgery/) - Earlier this week, in the post Medical Malpractice, Dead By Mistake, And Wrong-Site Surgery, I promised patient tips for avoiding wrong-site surgeries. I'm carrying out on that promise today. Here are some things that surgical patients can do to avoiid wrong-site surgery: 1. Make sure you know what surgeon is in charge, and communicate with
- [New Products Liability Studies](https://civtrial.com/personal-injury/new-products-liability-studies/) - Separate researchers are each releasing new reports today that discuss the importance of the civil justice system in the context of product liability claims. Professor Andrew Popper from American University, Washington College of Law, released Defective Foreign Products In The United States. Professor Popper looks at the disturbing number of defective products that enter the
- [National Safe Boating Week Is Here](https://civtrial.com/personal-injury/national-safe-boating-week-is-here/) - This year, May 17-23 is National Safe Boating Week. Having represented those involved in boating and water based accidents, I know the importance of these safety measures. Over the course of the week, I'll have a few posts detailing the dangers and safety measures related to safe boating. For today, I'll give you the big
- [Nail Gun Injuries Are On The Rise](https://civtrial.com/personal-injury/nail-gun-injuries-are-on-the-rise/) - The April 13 issue of the Sacramento Bee had a great article on the rapid rise of nail gun injuries. Nail gun injuries have been on the rise for two primary reasons. First, the industry refuses to adhere to a safe design. There are two types of nail guns: contact and sequential. Contact nail guns
- [Motion to Recuse, continued](https://civtrial.com/personal-injury/motion-to-recuse-continued/) - We have previously written about the Motion to Recuse filed with the Supreme Court in a wrongful death/personal injury suit. The Court has apparently denied the motion without hearing, and Osler McCarthy, the Court's spokesman, says that the stories that oral argument on the motion was set for next week were mere rumors. For more information, check Todd
- [More Studies Confirm Texting While Driving Is Worse Than Driving Drunk](https://civtrial.com/personal-injury/more-studies-confirm-texting-while-driving-is-worse-than-driving-drunk/) - I’m sorry for the lack of posts. The entire month has been nuts. Just this week, I have had to file two summary judgment responses, and I’m spending today finalizing some discovery. If you’re a regular reader of the blog, you know that we have somehow become a resource for information on texting while driving.
- [More on Uninsured/Underinsured Motorist Coverage](https://civtrial.com/personal-injury/more-on-uninsuredunderinsured-motorist-coverage/) - We had earlier written about the Texas Supreme Court's decision in Trinity Universal v. Brainard and how it makes uninsured/underinsured motorist car wreck and auto accident claims much more difficult. Fortunately, a bill has been introduced that would reverse the decision. The March 13, 2007 edition of the Austin American-Statesman has an article discussing the
- [Auto Accidents:  Gov. Perry Still Unwilling To Act To Reduce Texting While Driving Deaths](https://civtrial.com/auto/auto-accidents-gov-perry-still-unwilling-to-act-to-reduce-texting-while-driving-deaths/) - In a very rare showing of bipartisanship, Texas lawmakers are working hard to come together to craft a statewide ban on texting while driving. The push is being led by Republican State Representative Tom Craddick. This is much needed legislation. I've often commented about the number of tragedies we see in our practice because of
- [Lawmakers Criticize Texas Supreme Court](https://civtrial.com/personal-injurypremises-liability/lawmakers-criticize-texas-supreme-court/) - In what may be unprecedented, a bi-partisan group of Texas lawmakers filed an amicus brief with the Texas Supreme Court asking them to overturn their decision in Entergy v Summers. In that August 31, 2007 opinion, the court was faced with the question of whether a premises owner was a "general contractor" under the worker’s
- [Lawmakers and the Supreme Court, Part 2](https://civtrial.com/personal-injury/lawmakers-and-the-supreme-court-part-2/) - Yesterday, we posted about four Texas legislators who filed an amicus brief crticizing the Texas Supreme Court for an opinion in an on-the-job injury case. Now we have a copy of the legislators' brief, and it is posted here. To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Schuelke Law
- [I've Been Injured In A Water Park Or An Amusement Park?  Can I Sue Or Make A Claim?](https://civtrial.com/personal-injury/ive-been-injured-in-a-water-park-or-an-amusement-park-can-i-sue-or-make-a-claim/) - It's that time a year again. Almost like clockwork, as soon as school is out, I get inquiries from people like you asking whether you can make a claim against a water park or an amusement park after you get injured. And the answer is generally yes. If you're injured at a water park or
- [It's Time For School Bus Safety](https://civtrial.com/personal-injury/its-time-for-school-bus-safety/) - It is back to school time, with Austin ISD students reporting to class next Monday, August 24th. As the kids go back to school, it’s important for all of us to be mindful of school bus safety. The good news is that school buses are generally safe. National Highway Traffic Safety Administration statistics show that
- [Is Football Affecting Your Case?](https://civtrial.com/newsletterpersonal-injurysocial/is-football-affecting-your-case/) - Summer is over and football is back. My University of Texas Longhorns are off to a great start with a big season-opening win over Notre Dame. Even my daughter's high school is 2-0. Everything about football season is great, right? Maybe not. You see, football season may be affecting your case. Earlier this week, the
- [Another Austin Wrong Way Driving Wreck](https://civtrial.com/auto-accidentspersonal-injury/another-austin-wrong-way-driving-wreck/) - For the second time in less than a month, Austin has experienced a traffic fatality from a driver driving the wrong way on a highway. Early Saturday morning, a woman in her twenties was killed as she was driving the wrong way in the northbound lanes of the I35 lower deck. The wrong-way driver hit two other vehicles and was killed after
- [Insurance Company Rules](https://civtrial.com/personal-injury/insurance-company-rules/) - I don't know anything about HealthCareForAmerica. I don't know their platform, and I obviously can't say whether I support their positions. Having said that, their video, INSURANCE COMPANY RULES, will speak to most personal injury attorneys and their clients. And I want to thank San Antonio personal injury lawyer Ed Goldner for the heads up
- [In-SPECT-ing The Brain May Reveal New Treatments for Mental Health Issues](https://civtrial.com/personal-injury/in-spect-ing-the-brain-may-reveal-new-treatments-for-mental-health-issues/) - Traumatic brain injuries (TBI), depression, often a side-effect of dealing with TBI, and post-traumatic stress disorder (PTSD) are more common than ever in today's world. Keeping up with treating these injuries that often result in mental health issues is a much-studied area of scientific interest. Recently the benefits of Single Photon Emission Computed Tomography (SPECT),
- [How To Ruin A Good Personal Injury Claim](https://civtrial.com/personal-injury/how-to-ruin-a-good-personal-injury-claim/) - Sign documents and answer questions you don't understand. That's one of the best ways to ruin a good personal injury claim. There have been a handful of times in the last month when I've been going through the file of an existing or potential client, and they have had some interaction with the insurance company
- [How the Paulson Plan Will Affect Personal Injury Claims](https://civtrial.com/personal-injury/how-the-paulson-plan-will-affect-personal-injury-claims/) - It’s hidden away, but one key plank of Treasury Secretary Henry Paulson’s plan to save the economy is the introduction of federal regulation of the insurance industry. That could be potentially disastrous to many personal injury claims. Currently, the insurance industry is regulated by the states. Many states have adopted rules or laws that protect
- [How the Paulson Plan Will Affect Personal Injury Claims](https://civtrial.com/personal-injury/how-the-paulson-plan-will-affect-personal-injury-claims-2/) - It’s hidden away, but one key plank of Treasury Secretary Henry Paulson’s plan to save the economy is the introduction of federal regulation of the insurance industry. That could be potentially disastrous to many personal injury claims. Currently, the insurance industry is regulated by the states. Many states have adopted rules or laws that protect
- [Another Wrong Way Crash In Austin](https://civtrial.com/auto-accidentsnewslettersocial/another-wrong-way-crash-in-austin/) - Early this morning (August 19th), Austin endured another wrong way crash, a wreck where a driver is driving the wrong way on a highway. Details are not out yet, but one man was killed and two women were critically injured following a head-on collision on I35 southbound near Airport Boulevard. When a wreck like this
- [Head Injuries: New Settlement In NFL Concussion Lawsuit](https://civtrial.com/personal-injury/head-injuries-new-settlement-in-nfl-concussion-lawsuit/) - You may recall that the previous settlement agreement between the National Football League and a class of former players was scrapped by the judge, who was concerned that there wouldn't be enough funds to fully compensate the injured players who sustained head injuries. Yesterday, the parties entered into a new settlement agreement. Unlike the last
- [Head Injuries, Concussions and ImPACT](https://civtrial.com/personal-injury/head-injuries-concussions-and-impact/) - I’ve had the pleasure of helping those who have suffered from head injuries for almost twenty years now. But my perspective on these things changed about six weeks ago. At that time, my son was playing baseball, fell and hit his head, and he sustained a concussion. Naturally, because of my experience in head injury
- [Has Tort Reform Gone Too Far?](https://civtrial.com/workplace-accidents/austin-injury-attorney-brooks-schuelke-notes-that-factory-jobs-come-with-risks/) - Tesla’s Gigafactory made headlines with its move to Texas. Now, the factory is making headlines for another reason: The family of a Gigafactory worker is suing Tesla and two other companies, alleging that the companies’ negligence led to the death of their family member. The lawsuit alleges that the worker, a journeyman electrician, was inspecting
- [Government Again Flounders on Defective Products](https://civtrial.com/personal-injury/government-again-flounders-on-defective-products/) - Today's New York Times again spotlights the Consumer Products Safety Commission's failure when it comes to defective products: Walter E. Friedel’s plans to waterproof the tile floors of his hot tub room using Stand ’n Seal, a do-it-yourself product sold at his local Home Depot, promised to be a quick weekend project, one he could
- [Florida stops Allstate from writing new auto policies](https://civtrial.com/personal-injury/florida-stops-allstate-from-writing-new-auto-policies/) - This is not really personal injury news, but the Florida insurance commissioner issued a ruling this morning that Allstate was not allowed to write any more auto policies in Florida. The action comes after Allstate chose not to produce subpoened records and instead wrote a 51 page letter from one of its attorneys with an
- [Filing Personal Injury Accident Claims Requires Legal Assistance](https://civtrial.com/personal-injury/filing-personal-injury-accident-claims-requires-legal-assistance/) - A person filing a personal injury claim really needs the expertise of an attorney. This will ensure a fair settlement. Those who have been hurt in an accident have a variety of options to seek recompense for their injuries. The most frequently pursued avenue is filing a personal injury lawsuit asking for damages for their
- [Construction Zone Accidents Remain A Problem](https://civtrial.com/auto-accidentspersonal-injuryworkplace-accidentswrongful-death/construction-zone-accidents-remain-a-problem/) - A road construction worker died in a Tuesday afternoon construction zone accident in Lockhart (my hometown --- in fact, you'll pass a large Schuelke Road sign as you drive down 183 from Austin to Lockhart). It appears that the worker was killed when a construction vehicle backed over him. These types of events are tragic, but
- [Elevated Falls Can Be a Very Serious Construction Related Issue Legally Speaking](https://civtrial.com/personal-injury/elevated-falls-can-be-a-very-serious-construction-related-issue-legally-speaking/) - Slip and falls are common in personal injury lawsuits. Elevated falls are different and usually more fatal. There is a difference between a slip and fall and an elevated fall. The slip and fall, a quite common case in personal injury law, tends to happen then someone is on another person’s property and they slip
- [Dog Attacks/Dog Bites:  Which Dogs Attack Humans The Most?](https://civtrial.com/dog-attacksnewsletterpersonal-injurysocial/dog-attacksdog-bites-which-dogs-attack-humans-the-most/) - This is an older article, which was recently pointed out to me, tries to identify the dog breeds that have attacked the most. The results probably won't surprise you much. According to the article, the top 5 breeds for most attacks on people are: Pit Bull Rottweiler German Shepherd Siberian Husky Akita These results would
- [Car Wrecks:  Traffic Fatalities Continue To Mount](https://civtrial.com/practice-areas/serious-injury/faqs/what-types-of-defective-vehicle-claims-are-filed-in-texas/) - The most common product liability cases filed in Texas are for defective vehicle design. Some of the most common manufacturing defects in defective vehicle claims filed in Texas include: Defective tire treads causing separation Defective air bags Defective seat belts Failure of seat back Defective door latches Rogue and sudden acceleration that cannot be stopped
- [Does The Media Contribute To Car Wreck And Plane Wreck Fatalities?](https://civtrial.com/personal-injury/does-the-media-contribute-to-car-wreck-and-plane-wreck-fatalities/) - Apparently so. For trial issues, I occasionally read psychology based books, and I’m currently reading Dr. Robert Cialdini’s Influence: The Psychology of Persuasion. I’m probably late to the party on this one, but one thing Dr. Cialdini talks about in the book is the “Werther effect.” The Werther effect is based on the principle of
- [Doctors Waking Up to Problems in Insurance Industry](https://civtrial.com/personal-injury/doctors-waking-up-to-problems-in-insurance-industry/) - Dealing with doctors and health care providers (particularly those located outside of Austin) is one of the most frustrating things about being a personal injury lawyer. We have difficulties getting medical records and bills, and many doctors refuse to participate more than they’re legally required to help prove our client’s cases. In fact, a year
- [Did Deaths or Publicity Prompt Crib Recalls?](https://civtrial.com/personal-injury/did-deaths-or-publicity-prompt-crib-recalls/) - As you have probably heard, Simplicity and the Consumer Products Safety Commission have recalled over a million baby cribs after numerous children were injured or killed while using the cribs. But now, many are starting to ask whether the CPSC made the recall soon enough. The Chicago Tribune, which broke the story, had a startling
- [Deaths From Austin Motorcycle Wrecks Double](https://civtrial.com/personal-injury/deaths-from-austin-motorcycle-wrecks-double/) - Austin American Statesman writer Tony Plohetski reported this morning that in 2008, the number of deaths in Austin motorcycle crashes more than doubled. From the article: The deaths have become part of an alarming reality in Austin: The number of people killed in motorcycle crashes last year more than doubled from 2007, rising from eight
- [Costs of Medical Care](https://civtrial.com/personal-injury/costs-of-medical-care/) - One of the things injury attorneys deal with on a daily basis is the wildly divergent cost of medical care. It comes up in any number of ways. For example, our clients may need a surgery, and we will have to obtain an estimate for that procedure. Or maybe we've resolved the case and it's
- [Car Wrecks: Property Damage Claims](https://civtrial.com/personal-injury/car-wrecks-property-damage-claims/) - Brooks recently conducted a short interview for News 8 Austin discussing the handling of property damage claims following a car wreck. To watch the video, click here, and then hit the play button in the "watch the video" box. To contact Austin Personal Injury Lawyer, Austin Personal Attorney, Austin Accident Lawyer, Austin Injury Lawyer Schuelke
- [Car Wrecks: Insurers Playing Hardball](https://civtrial.com/personal-injury/car-wrecks-insurers-playing-hardball/) - Last week, CNN ran a special report detailing how insurance companies, led by Allstate and State Farm, have adopted hardball tactics on car wreck claims in order to boost their profits. Some excerpts of an article are as follows: If you are injured in a minor car crash, chances are good that you will be
- [Auto Accidents:  Another Austin Work Zone Fatality](https://civtrial.com/news/schuelke-law-discusses-how-large-verdicts-demonstrate-the-devastating-impact-of-personal-injuries/) - According to a 2024 study, there are over 39 million personal injury cases that require some form of medical treatment. The Bureau of Justice Statistics also revealed that 3-4% of personal injury cases went to trial.With the need for immediate and ongoing medical treatments after a serious accident, it’s no wonder why large verdicts are
- [Car Wrecks Caused By Wrong-Way Drivers Are Causing Too Many Fatalities](https://civtrial.com/personal-injury/car-wrecks-caused-by-wrong-way-drivers-are-causing-too-many-fatalities/) - This weekend, eight people in New York, including four young children, were killed when their minivan entered a highway going the wrong direction and collided with two other vehicles. It seems almost too bizarre to be true, but wrong-way drivers are more common than one would think. In fact, Sunday's wrong-way wreck was the second
- [Can Facebook, Twitter or Other Social Media Sites Hurt Your Personal Injury Claim?](https://civtrial.com/personal-injury/can-facebook-twitter-or-other-social-media-sites-hurt-your-personal-injury-claim/) - Can Facebook, Twitter, or other social media sites hurt your personal injury claim? You bet. I've long posted on this site that I think it's critical that injured persons hire lawyers that belong to the Texas Trial Lawyer's Association, a group of plaintiff's lawyers around the state that share work and ideas to help
- [Brain Injury News: Ohio State Football Player Found Dead After Head Injuries](https://civtrial.com/personal-injury/brain-injury-news-ohio-state-football-player-found-dead-after-head-injuries/) - There was tragic head injury-related news out of Ohio this weekend. Yesterday, two individuals sifting through a dumpster in Columbus, Ohio found the body of Ohio State football player Kosta Karageorge, who had apparently committed suicide. Karageorge had been missing since Wednesday. Earlier that day, he sent an ominous text message to his mother that
- [Boating Season Begins & A Sober Reminder About Boating Safety](https://civtrial.com/personal-injury/boating-season-begins-a-sober-reminder-about-boating-safety/) - I've seen it in my neighborhood, and if you live near any of our lakes, you've probably seen it too. The last couple of weekends have brought out the boats, driving to boat launches and then driving on the lakes. Sadly, this weekend also brought our first boating accident death of the year, and it stands
- [Because they're an insurance company...](https://civtrial.com/personal-injury/because-theyre-an-insurance-company/) - I just got off the phone with a defendant in a car wreck case. We had served him with a suit a few days ago, and he's been leaving harassing messages at off hours claiming he didn't own a car and was out of town on the date of the wreck. The messages also threatened he was going to
- [Baseball, Hot Dogs and Injuries?](https://civtrial.com/personal-injury/baseball-hot-dogs-and-injuries/) - I love baseball, and I like hot dogs, and I was surprised to see them intersect in a personal injury case. But yesterday, I saw that they did. Yesterday, the Missouri Supreme Court held that the "baseball rule", which protects teams from being sued for fan injuries caused by events on the field, does not
- [Bad News from Austin: Texas Supreme Court Again Votes Against Texas Personal Injury Claimants](https://civtrial.com/personal-injury/bad-news-from-austin-texas-supreme-court-again-votes-against-texas-personal-injury-claimants/) - Last Friday, the Texas Supreme Court continued with its well established pattern of choosing insurance companies over individuals. Most health insurance policies contain a subrogation clause that says that if a Texas personal injury victim recovers for medical expenses that a health insurance company paid then the personal injury claimant will reimburse the insurance company
- [Bad News from Austin: Perry's Vetoes Hurts Texas Personal Injury Victims](https://civtrial.com/personal-injury/bad-news-from-austin-perrys-vetoes-hurts-texas-personal-injury-victims/) - Austin continues to be a source of bad news for personal injury victims. Staying true to form, Governor Perry rushed to beat legislative deadlines so he could veto numerous bills from the last legislative session. Unfortunately, two of his vetoes really hurt Texas auto accident victims. The first veto was of House Bill 3281, which
- [Auto Accident News --- Your Car's Black Box](https://civtrial.com/personal-injury/auto-accident-news-your-cars-black-box/) - People often hear about recovery of black box data following an airplane crash. But now, many new vehicles have a similar device, and we’ve previously written how the data recovered could make a difference for many personal injury lawyers. And while not a personal injury case, this morning’s Austin American Statesman had a great article
- [Austin Trucking Accident Dangers](https://civtrial.com/personal-injury/austin-trucking-accident-dangers/) - Austin news station KXAN ran a story last night about truck drivers "dodging the scales" to avoid weigh stations and inspections. Texas has several permanent weigh stations operated by the Department of Public Safety. Unfortunately, truckers are becoming resourceful about ways to get around the inspection stations. The thing that really struck me in the
- [Austin Personal Injury Topics in the News](https://civtrial.com/personal-injury/austin-personal-injury-topics-in-the-news/) - For some reason, Austin news stations have run several stories this week that should be of interest to Austin personal injury lawyers and our clients. First, the city of Austin is installing its first red light cameras. Right now, the cameras are only at a couple of intersections around town, but if they catch on,
- [Austin Drunk Driving News](https://civtrial.com/personal-injury/austin-drunk-driving-news/) - It's not directly related to personal injury litigation, but a little history was made yesterday when a Travis County jury convicted a drunk driver of murder for killing someone in a car wreck. This was the first murder conviction in Travis County for a drunk driver. The story from the Austin American Statesman is here. For additional information
- [Austin Rollover Accident --- Let It Be A Lesson](https://civtrial.com/auto-accidentspersonal-injury/austin-rollover-accident-let-it-be-a-lesson/) - Earlier this week, I had a post about rollover accidents and recognizing product defect claims. In the post, I talked about how one of the biggest dangers of being in a rollover accident was being ejected or partially ejected from the vehicle. If you are wearing a seatbelt and the seatbelt works properly, you should
- [Austin Dog Bites Are Increasing](https://civtrial.com/newsletterpersonal-injurysocial/austin-dog-bites-are-increasing/) - Last week, the Austin American Statesman reported that dog attacks are increasing in Austin. The number of dog attacks has increased every year since 2007. This year is no exception. Austin has experienced over 1,000 attacks so far, on pace to break last year's record. These are not good statistics. I've represented a number of
- [Austin Auto-Pedestrian Collisions, Part II](https://civtrial.com/news/texas-personal-injury-attorney-brooks-schuelke-advocates-for-victims-of-uninsured-motorist-accidents/) - With recent data revealing that a staggering 8.3% of Texas drivers are uninsured, equating to approximately 1,479,289 individuals on the roads without coverage, personal injury attorney Brooks Schuelke, who has spoken at seminars all over the state helping lawyers better pursue these claims, is on a mission to ensure justice for victims of uninsured motorist
- [Austin Balcony Collapse: A Case Study  --- Liability Of The Contractor](https://civtrial.com/personal-injury/austin-balcony-collapse-a-case-study-liability-of-the-contractor/) - In the first two parts of this short balcony collapse series, I've looked at the potential liability of the owner and the liability of the engineer or architect that designed the balcony. Today, I'll try and answer, "Does the builder or contractor have any potential liability relating to the balcony collapse?" And the answer is,
- [Austin American Statesman Covers Confusing World Of Hospital Costs](https://civtrial.com/auto-accidentspersonal-injuryspecial-resourcestrucking-accidentsworkplace-accidentswrongful-death/austin-american-statesman-covers-confusing-world-of-hospital-costs/) - One of the most frustrating issues for our personal injury clients is dealing with hospitals and hospital charges that don't seem to make any sense. Yesterday, Austin American Statesman writer Mary Ann Roser had a great story that looks at the mysterious world of emergency room and hospital charges. She took the time to research
- [A New Weapon In The Fight Against Uninsured Motorists](https://civtrial.com/personal-injury/a-new-weapon-in-the-fight-against-uninsured-motorists/) - Texas has recently enacted a new statute that requires auotmobile insurance companies to create a state-wide database identifying insured drivers, including whether the drivers' payments are up to date. If it works, the database will be accessible by law enforcement officials, and officers will know whether a driver is uninsured before the officer gets out of his car.
- [A New Threat to Austin: More Trucking Accidents?](https://civtrial.com/personal-injury/a-new-threat-to-austin-more-trucking-accidents/) - We've written extensively about the dangers posed by the trucking industry. We have prior posts on truckers admitting rules violations, two national reports about the dangers of trucking accidents, and a series from the Dallas Morning News about Texas trucking accidents. But now, there are new concerns about trucking safety. Under the North American Free
- [Why Isn't There More Outrage About Medical Malpractice Deaths?](https://civtrial.com/medical-malpractice/why-isnt-there-more-outrage-about-medical-malpractice-deaths/) - The Hearst family of newspapers and television stations has put together, Dead By Mistake, an unprecedented look at medical malpractice deaths. This was a massive project, and there are several aspects that I want to look at over the next few days, but the focus of today is, "Why Aren't More People Outraged Over Medical
- [Tort reform measures help patients "receive the justice they deserve." Are you kidding me?](https://civtrial.com/medical-malpractice/tort-reform-measures-help-patients-receive-the-justice-they-deserve-are-you-kidding-me/) - I thought this was a case that we could all agree upon. David Fitzgerald went to his doctor to receive medical treatment and ended up with an infection that led to the amputation of both arms and legs. The case went to trial in February, and Fitzgerald prevailed. A jury awarded him $6.72 million in
- [Tort Reform in The ER](https://civtrial.com/medical-malpractice/tort-reform-in-the-er/) - Several states, including Texas, have special laws protecting emergency room physicians from medical malpractice litigation. These protections may include higher burden of proof on the plaintiff or a different standard of care (for example, providing only liability when there is gross negligence). Last week, the Torts Prof Blog outlined an interesting medical malpractice reform proposal being
- [The Risky Life of a Patient](https://civtrial.com/medical-malpractice/the-risky-life-of-a-patient/) - There is an interesting guest column in today's East Texas Review, a small East Texas newspaper, titled The Risky Life of a Patient. The general gist of the column is that when we visit contractors, car dealers, or even lawyers, we're on guard to avoid becoming victims of one sort or another. We're not on alert with the health
- [Texas Receives a "C" In Emergency Medical Care](https://civtrial.com/medical-malpractice/texas-receives-a-c-in-emergency-medical-care/) - The American College of Emergency Physicians released its National Report Card of Emergency Medical Services, and Texas received a strong "C" grade. The state received a "D" in public health/safety, a "D+" in access to care, and a "D+" in quality/patient safety. But a strong "A+" in medical liability raised the state an entire letter grade to an
- [Surgeons: Use Us Because We're Easy To Sue?](https://civtrial.com/medical-malpractice/surgeons-use-us-because-were-easy-to-sue/) - Last week, noted blogger, Doctor Rich had a post examining the American College of Surgeons’ advice regarding medical tourism, where a patient travels outside the United States to obtain medical care. No shocker, but American surgeons aren’t fans of the practice, and they did their best to give reasons why patients should be careful with
- [Study Finds Texas Medical Malpractice Reforms Are Discriminatory](https://civtrial.com/medical-malpractice/study-finds-texas-medical-malpractice-reforms-are-discriminatory/) - In 2003, the Texas legislature adopted sweeping medical malpractice reforms, including putting a cap on the amount of non-economic damages that plaintiffs could recover. Up unitl now, we've had a lot of anecdotal evidence that the caps were unfair, but earlier this week, four law professors (including three from the University of Texas school of
- [Should Physicians Disclose Gifts From Drug Manufacturers?](https://civtrial.com/medical-malpractice/should-physicians-disclose-gifts-from-drug-manufacturers/) - The Nov. 1, 2007 issue of the New England Journal of Medicine has an article encouraging federal legislation to require pharmaceutical and medical device companies with more than $100 million in revenue to disclose the amount of money and gifts they give to physicians. The bill, entitled the "Physician Payment Sunshine Act," is "about letting
- [Nursing Homes Are Over-Medicating Some Patients](https://civtrial.com/medical-malpractice/nursing-homes-are-over-medicating-some-patients/) - Yesterday’s Wall Street Journal has a heart-breaking story about prescription abuse in U.S. nursing homes. The first three paragraphs of the article say it all In recent years, Medicaid has spent more money on antipsychotic drugs for Americans than on any other class of pharmaceuticals -- including antibiotics, AIDS drugs or medicine to treat high-blood
- [Medical Malpractice, Dead By Mistake, and Wrong Site Surgery](https://civtrial.com/medical-malpractice/medical-malpractice-dead-by-mistake-and-wrong-site-surgery/) - Richard Flagg entered Meadowland Hospital in Secaucus, NJ with a diseased lung. Unfortunately, his surgeons accidentlally removed his healthy lung, leaving behind a tumor in his diseased lung. Mr. Flagg survived for three years, attached to oxygen, until the tumor ruptured and he drowned in his blood. This is one of the stories in the
- [Medical Malpractice: Avoid Unnecessary Surgeries](https://civtrial.com/medical-malpractice/medical-malpractice-avoid-unnecessary-surgeries/) - One of the byproducts of the national healthcare debate has been an increasing awareness that medical costs are high, at least in part, because of unnecessary surgeries, tests, and other procedures that have been ordered to simply line the pockets of the providers. Recently, our office has received inquiries relating to unnecessary procedures, including unnecessary
- [Medical Malpractice and "Defensive" Medicine](https://civtrial.com/medical-malpractice/medical-malpractice-and-defensive-medicine/) - An anonymous Texas ER doc has a blog post discussing the medical malpractice story of Christopher Jones. Mr. Jones, 33, arrived at a Los Angeles area emergency room complaining of chest pains, where he was told to sit down and wait his turn. After more than three hours, he got up, walked outside, collapsed and
- [Medical Malpractice After Dark](https://civtrial.com/medical-malpractice/medical-malpractice-after-dark/) - In the June 1, 2007 issue of Reader's Digest, Night Shift Nightmare discusses the well known phenomenon that more hospital medical malpractice occurs over night and on the weekends. From the article: There are many reasons to feel anxious when entering a hospital. In April, a HealthGrades study showed that some 248,000 patient deaths over
- [Doctors Requiring "No Sue" Agreements](https://civtrial.com/medical-malpractice/doctors-requiring-no-sue-agreements/) - A recent issue of Lawyers' Weekly has an article that discusses the trend of some doctors requiring patients to contractually limit their rights to bring medical malpractice claims before the doctors will provide medical service. The agreements at issue would require patients to agree to arbitrate their claims and agree to limit their claims to $250,000.00. Aside
- [Dennis Quaid: Medical Errors Are Huge Problem](https://civtrial.com/medical-malpractice/dennis-quaid-medical-errors-are-huge-problem/) - "IT'S BIGGER THAN AIDS. IT'S BIGGER THAN BREAST CANCER. IT'S BIGGER THAN AUTOMOBILE ACCIDENTS. AND YET, NO ONE SEEMS TO REALLY BE AWARE OF THE PROBLEM." I couldn't have said it any better myself. That quote from Dennis Quaid accurately sets forth the problem with medical errors. Over 100,000 people a year die from medical
- [A Tale of Two Stories on Texas Medical Malpractice Reform](https://civtrial.com/medical-malpractice/a-tale-of-two-stories-on-texas-medical-malpractice-reform/) - In the last few days, two stories have circulated about Texas medical malpractice reforms, and each of the stories has drawn wildly differing opinions about the success of the reforms. Over the weekend, former Texas representative Joe Nixon, one of the primary backers of tort reform, wrote an editorial in the Wall Street Journal describing
- [A Doctor Touting the Benefits of Texas's Medical Malpractice System?](https://civtrial.com/medical-malpractice/a-doctor-touting-the-benefits-of-texass-medical-malpractice-system/) - I was watching a local news station last night, and they had a story about medical tourism. There is apparently a quickly growing trend of people visiting foreign countries (primarily India) to have medical procedures performed. The procedures are suppposedly much cheaper than the same surgeries here in the US. I really began paying attention
- [Wrong Way Driver In Austin](https://civtrial.com/auto-accidentspersonal-injury/wrong-way-driver-in-austin/) - Wrong-way drivers are a bigger problem than one would think. I've written a couple of blog posts about wrong-way drivers on the Austin Injuryboard blog, and Des Moines Personal Injury Lawyer Steve Lombardi has written extensively on his Des Moines blog with a 20 part series on the problem. But Austin has largely avoided the
- [Work Zone Safety --- Give Your Undivided Attention In Roadway Construction Zones](https://civtrial.com/auto/work-zone-safety-give-your-undivided-attention-in-roadway-construction-zones/) - This week is National Work Zone Awareness Week. I've written about it before, but perhaps the most dangerous part of any roadway --- for both motorists and for construction workers --- is a construction zone. In 2008, 720 workers and motorists were killed in highway work zones nationally and more than 40,000 were injured. Eighty-five
- [When Is A Car Wreck More Than A Car Wreck?](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/when-is-a-car-wreck-more-than-a-car-wreck/) - There was a horrific car wreck yesterday morning on Highway 290. A pickup truck driven by Rudy Cruz had a collision with an electricity truck driver. Both Cruz and the electricity truck briefly pulled over. But then Cruz took off again and ended up driving on the wrong side of 290. He hit a an Acura driven
- [What Is A Wrongful Death Claim Worth?](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidentswrongful-death/what-is-a-wrongful-death-claim-worth/) - Earlier this week, I wrote a post asking "What Is The Typical Personal Injury Settlement When Someone Gets Hurt?" In the post, my basic conclusion is that there is no "typical settlement." Each personal injury case has its own unique facts and must be evaluated on its own merits. If a lawyer tells you he
- [Warren Buffett On Car Wrecks: If cars are better, and they clearly are, drivers must be worse](https://civtrial.com/auto-accidentsnewslettersocial/warren-buffett-on-car-wrecks-if-cars-are-better-and-they-clearly-are-drivers-must-be-worse/) - Safety experts at the National Safety Council, and insurance companies such as Allstate and Geico, were surprised by the 14 percent increase in fatal auto accidents during the first half of 2015.Geico is part of Warren Buffett's Berkshire Hathaway group. Figures for the second half haven't yet been compiled. Insurers say drivers could be facing
- [Vanishing Lawsuits and Jury Trials](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/vanishing-lawsuits-and-jury-trials/) - The statistics from the Texas State Office of Court Administration are startling. In the last ten years, the number of lawsuits having been filed has dropped 17%. At the same time, the number of civil jury trials have dropped 34%. What's that mean for you? It makes a difference when you're hiring a lawyer. The
- [Uninsured/Underinsured Motorist Claims](https://civtrial.com/auto-accidentspersonal-injury/uninsuredunderinsured-motorist-claims/) - Today I had the pleasure of presenting a speech to about 60 local personal injury attorneys on uninsured/underinsured motorist claims. Part of my presentation included a paper, which I'm including here. It is intended for lawyers and isn't leisure reading, like much of the stuff I post on here, but some may find it helpful.UM
- [Understanding The Risks of Car Accidents on Austin’s North MoPac Expressway](https://civtrial.com/auto/understanding-the-risks-of-car-accidents-on-austins-north-mopac-expressway/) - In July 2024, a motorcycle and an SUV collided on Austin’s North MoPac Expressway. The accident, which received media attention and police investigation, highlights many of the risks motorcyclists face - even when they do their best to follow the rules of the road. The collision occurred in a work zone on the expressway in
- [Uber Self-Driving Car Fatality - A Follow Up](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/uber-self-driving-car-fatality-a-follow-up/) - Last week, I had a post outlining the potential legal claims arising from the Uber self-driving car fatality in Arizona. I wanted to update it, because there have been several new articles that have come out that back up my analysis about those who might have potential responsibility. First, I noted that a potential defendant
- [Traumatic Brain Injury is a Common Result in Car Crashes Says Austin Personal Injury Lawyer](https://civtrial.com/auto/traumatic-brain-injury-is-a-common-result-in-car-crashes-says-austin-personal-injury-lawyer/) - Any head trauma sustained in a car accident has the potential to be devastating. Often the damage may cause life-long problems. “One of the most common injuries sustained in car accidents is traumatic brain injury. The skull is a tough nut to crack, but the brain inside is another story. If the force applied to
- [Auto Accidents:  What Is A "Stowers Demand"?](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-what-is-a-stowers-demand/) - If you're one of our clients, we might send you a draft demand letter to the insurance company that tells the insurance company that the letter is intended to be a "Stowers demand." What does that phrase mean? Every insurance policy has a "policy limit" -- the maximum amount of coverage the policy offers. (You
- [Traffic Deaths Continue to Rise in Texas](https://civtrial.com/auto/traffic-deaths-continue-to-rise-in-texas/) - It seems that every other day there is another traffic accident in Texas resulting in serious injuries or death. Recently, four individuals were seriously hurt in a Travis County two-vehicle collision. In another crash in Coffee City, one person was killed, and another sustained injuries. The wreck in Travis County happened on FM 812 at
- [There’s a solution on the horizon for driving while distracted](https://civtrial.com/auto/theres-a-solution-on-the-horizon-for-driving-while-distracted/) - A viable solution for driving while distracted may be about to hit the market. Early indications show that it may make a difference. It’s no secret that one of the biggest concerns these days when it comes to automobiles is the driving while distracted issue. The driving while distracted epidemic is out of control and
- [The scene of a trucking accident must be preserved](https://civtrial.com/auto/the-scene-of-a-trucking-accident-must-be-preserved/) - The evidence at the scene of a trucking accident is vital. It speaks to who is liable when the case goes to court. Within minutes after a trucking accident, police, investigators, company lawyers and medical personnel arrive to do their part in picking up the pieces; to figure out who was liable for the crash
- [Texas Seeks To Ban Texting While Driving](https://civtrial.com/auto-accidentspersonal-injury/texas-seeks-to-ban-texting-while-driving/) - A state-wide texting while driving ban has been passed by both the Texas House and the Texas Senate and is on its way to the governor. Let's hope he has the good sense to sign the bill into law. As you know, if you read this blog, texting while driving is one of the most
- [Texas Looks To Take On Texting While Driving](https://civtrial.com/news/brain-injuries-from-waves-to-wins/) - Brain Injuries: From Waves To Wins
- [Schuelke Law Firm Spotlights Rising Car Accident Trends in Texas](https://civtrial.com/auto/schuelke-law-firm-spotlights-rising-car-accident-trends-in-texas/) - With car accident rates escalating in Texas, Schuelke Law Firm highlights the critical need for heightened awareness and stronger preventive measures on the state's roadways. Each year, the Texas Department of Transportation (TxDOT) publishes statistics about traffic accidents in the state. For instance, in Austin in 2021, there were 12,433 crashes. That figure represents 2.9
- [San Marcos - New Braunfels Bus Crash](https://civtrial.com/auto-accidentstrucking-accidents/san-marcos-new-braunfels-bus-crash/) - This morning, a Mares Tours charter bus bound for Dallas rolled over on Interstate 35 between New Braunfels and San Marcos near the San Marcos outlet malls. Early indications are that all twenty-one people are injured, with three individuals suffering life-threatening head injuries. While the investigation is just beginning, reports suggest the bus left the roadway and overcorrected, causing
- [San Marcos DWI Wreck Shows The Need For Uninsured/Underinsured Motorist Coverage](https://civtrial.com/auto-accidentspersonal-injury/san-marcos-dwi-wreck-shows-the-need-for-uninsuredunderinsured-motorist-coverage/) - There was a horrific DWI accident in San Marcos Friday night. Luis Besa, driving a Chevy pickup, rear-ended a Cadillac that was waiting to turn into a grocery store. The Cadillac was pushed into the other lanes of traffic where it was hit by a GMC pickup and a Hummer. The injuries were significant. Alejandro
- [Roll-over Accidents --- Recognizing Product Defect Claims](https://civtrial.com/auto-accidentspersonal-injury/roll-over-accidents-recognizing-product-defect-claims/) - Last week, I wrote about the tragic story of Alex Brown, a teenager who was killed in a one-car collision when she was texting while driving. She lost control of her car, and it eventually rolled over. She was killed when she was ejected from the vehicle. When I was watching the news story about
- [Personal Injury: What Should I Bring To My First Meeting With A Lawyer?](https://civtrial.com/news/brain-injuries-the-personal-injury-silent-killer/) - Brain Injuries: Personal Injury Silent Killer
- [Personal Injury Question:  If Bills Are Covered By Health Insurance, Can You Claim That Money In Suit?](https://civtrial.com/auto-accidentspersonal-injury/personal-injury-question-if-bills-are-covered-by-health-insurance-can-you-claim-that-money-in-suit/) - This is another post inspired by a Google search that someone used to find our website. And the short answer is "Yes." A person filing a personal injury lawsuit may seek to recover medical expenses even if those medical expenses were paid through health insurance or some type of other insurance plan. However, there are
- [New Survey Says Texas Texting While Driving Is Getting Worse](https://civtrial.com/auto/new-survey-says-texas-texting-while-driving-is-getting-worse/) - Readers of our blog and website know that I have written extensively on texting while driving. You would think that after all of the publicity about the dangers associated with texting while driving that the problem would be getting better. But if Texas drivers are to be believed, it's not. Yesterday, the Texas Transportation Institute
- [More on the San Marcos-New Braunfels Mares Bus Crash](https://civtrial.com/auto-accidentstrucking-accidents/more-on-the-san-marcos-new-braunfels-mares-bus-crash/) - Additional information is slowly being released about last week's tragic bus crash near the San Marcos outlet malls. As I originally predicted, it appears that the crash was caused by driver fatigue. Police are now alleging that the driver, Jesus Basio-Ramirez, fell asleep while driving the bus. I am not surprised at all. As I orginally
- [More Austin/I35 Hit And Run Accidents](https://civtrial.com/auto-accidentspersonal-injury/more-austini35-hit-and-run-accidents/) - I've written about hit and run accidents before, but the problem just seems to be getting worse. The Austin American Statesman is reporting on two more hit and run accidents from last week. In the first accident, Lacey Marie Seljos was charged with intoxication assault and failure to stop and render aid after she allegedly
- [More Austin and Texas Trucking Accident Dangers?](https://civtrial.com/news/personal-injury-claim-negotiation-phase/) - Personal Injury Claims: Negotiation Phase
- [Lesson From Austin Hit & Run Accidents:  Buy Uninsured Motorist Coverage](https://civtrial.com/auto-accidentspersonal-injury/lesson-from-austin-hit-run-accidents-buy-uninsured-motorist-coverage/) - Last Friday, in a tragic hit and run wreck, an alleged drunk driver hit a group of pedestrians, including UT soccer players Kylie Doniak and Leah Payne. Our thoughts are certainly with the injured and the families of the injured, especially Ms. Doniak, who was seriously injured. But the incident is also a lesson to others. In
- [Laws To Protect Drivers From Faulty Rental Vehicles Should Not Be Political Issue Says Austin Personal Injury Lawyer](https://civtrial.com/news/when-someone-injures-their-brain-healing-may-also-depend-on-the-time-of-day/attachment/close-up-of-doctor-treating-injury-of-senior-man/)
- [Injured? When Do You Need To Talk To A Personal Injury Lawyer?](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/injured-when-do-you-need-to-talk-to-a-personal-injury-lawyer/) - I often have the misfortune of telling potential clients that I can't help them because they didn't come to us soon enough. Clients often think they're doing great to call us several months before a statute of limitations runs. But that's not always enough notice. A number of cases require immediate attention. For example, in
- [Injured In An I-35 Accident? How Do You Find A Lawyer?](https://civtrial.com/auto-accidentspersonal-injury/injured-in-an-i-35-accident-how-do-you-find-a-lawyer/) - I'll be honest. I groaned when I saw this first question listed for our I-35 blog group. The first reaction I had to writing about this question was that it was too similar to obnoxious billboards I've seen for personal injury lawyers in Dallas or Houston. But then I thought back to some of my experiences. Having done
- ["Independent" Medical Exams In Personal Injury Cases](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/independent-medical-exams-in-personal-injury-cases/) - A favorite insurance company ploy in personal injury cases is to request that an order from the Court that the plaintiff be required to undergo an "independent" medical exam --- an exam by a doctor hired by the insurance company. Despite the implications of the name, these are not indpendent. The doctors are hired by
- [IH 35 Wrong Way Driver Kills A San Antonio Police Officer](https://civtrial.com/auto-accidentspersonal-injury/ih-35-wrong-way-driver-kills-a-san-antonio-police-officer/) - If you've read this blog at all, you know that we closely follow stories about wrong way drivers because this is a phenomenon that seems like it should never happen, and yet it's becoming routine. This morning, a San Antonio police officer, Officer Stephanie Brown, was tragically killed along I35 when a wrong way driver slammed his SUV
- [I have a new uninsured motorist-underinsured motorist article](https://civtrial.com/news/schuelke-law-firm-discusses-austins-high-rate-of-drug-and-alcohol-related-accidents/) - Experienced Austin personal injury attorney Brooks Schuelke reviewed the most recent findings from the Vision Zero program. Austin's Vision Zero program aims to reduce and ultimately eliminate traffic-related fatalities and severe injuries in Austin, Texas. The program is part of a broader global movement known as Vision Zero, which prioritizes safety and aims to create
- [How Might The Texas Budget Crisis Help Reduce Texas Car Wrecks?](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/how-might-the-texas-budget-crises-help-reduce-texas-car-wrecks/) - If you haven't been paying attention, the Texas legislature is in session and facing a huge budget shortfall --- with most estimates predicting a shortfall between $15 and 27 Billion. Because the Republican leadership is pledging not to raise taxes or tap into the state's rainy day fund, the balanced budget will only be achieved
- [Head Injuries/Brain Injuries May Lead To Dementia & Alzheimers](https://civtrial.com/news/five-people-killed-after-a-head-on-two-vehicle-crash-on-highway-110/) - Car accidents can happen at any time. However, they seem to be a daily event in Texas. Recently five people were killed after a head-on two-vehicle crash on Highway 110. This highway has a reputation for the high number of motor vehicle accidents that happen each year. Those who live along the route believe that
- [Finding Fault in Trucking Accidents](https://civtrial.com/auto/finding-fault-in-trucking-accidents/) - In trucking accidents, there is often the question of who was at fault. This may take time to determine. “If you think it’s bad enough figuring out who is to blame in car accidents, wait until you have been involved in an accident with an 18-wheeler. Apportioning blame in those cases can be very difficult,”
- [Emergency Room Not Diagnosing A Concussion, Revisited](https://civtrial.com/auto-accidentsnewsletterpersonal-injurypremises-liabilitysocial/emergency-room-not-diagnosing-a-concussion-revisited/) - A few months ago, I wrote a short article describing why emergency rooms do such a bad job at diagnosing concussions/brain injuries: The emergency room didn't say anything about a concussion. Does that mean I don't have a brain injury? Recently, I came across a study that really quantifies the problem I discussed. The study, primarily
- [Don't Settle A Car Wreck Or Personal Injury Claim Without Legal Advice](https://civtrial.com/auto-accidentspersonal-injury/dont-settle-a-car-wreck-or-personal-injury-claim-without-legal-advice/) - Today, my friend Mike Bryant, a personal injury lawyer in St. Cloud, Minn, had a post on his blog entitled A Settlement Without Legal Advice: Don't Let It Happen To You or Your Friends. Mike's post is a good reminder about a far too common occurrence --- insurance adjusters convincing victims to settle car wreck or
- [Why Groups of People Don't Help Accident Victims (And What To Do About It), Part 2](https://civtrial.com/blog/why-groups-of-people-dont-help-accident-victims-and-what-to-do-about-it-part-2/) - In Why Groups of People Don't Help Accident Victims (And What To Do About It), Part 1, we looked at the phenomenon of groups of people who fail to stop and render aid to those that need help. The conclusion reached by professor Dr. Robert Cialdini is not that people are uncaring, unkind or don't want
- [Why Doesn't The Texas Education Agency Care About School Bus Safety?](https://civtrial.com/blog/why-doesnt-the-texas-education-agency-care-about-school-bus-safety/) - Those of you that follow my blog know that I'm rarely excited about what goes on in the legislature. But the 2007 legislative session brought one great change. Following a tragic 2006 school bus crash, the legislature mandated that all school buses purchased after September 1, 2010 must have lap and shoulder belts to protect our kids.
- [What's The Problem With The Trucking Industry Texting While Driving Ban?](https://civtrial.com/blog/whats-the-problem-with-the-trucking-industry-texting-while-driving-ban/) - As many of you know, in January, the US Department of Transportation and the Federal Motor Carrier Safety Administration announced that they would begin implementing guidelines that banned drivers of commercial vehicles, such as large trucks and buses, from texting while driving. I didn't think many people would be opposed to such a regulation. If
- [What You Can Learn From A True "Ambulance Chaser" Lawsuit](https://civtrial.com/blog/what-you-can-learn-from-a-true-ambulance-chaser-lawsuit/) - It's no secret that I've been critical of those improperly soliciting personal injury victims as clients. In fact, you can see some of my prior posts on the subject as follows: Case Running Barratry, Solicitation, And More: The Harassment of Accident Victims Personal Injury Lawyers: A Few Bad Apples There are really two types of
- [Two Teens Dead In Mysterious Scuba Diving Accident](https://civtrial.com/blog/two-teens-dead-in-mysterious-scuba-diving-accident/) - Tragedy randomly struck two families whose teenaged sons died at the bottom of the ocean. It is unclear what caused their deaths. “This reported case was a great shock to the two families involved,” said Brooks Schuelke, an Austin personal injury lawyer withSchuelke Law. “Two young men, ages 16 and 17, went missing from their
- [Tragic Waco Car Wreck Shows Danger Of The Side Of The Road](https://civtrial.com/blogpersonal-injury/tragic-waco-car-wreck-shows-danger-of-the-side-of-the-road/) - Russell clifton and Christopher Ochoa were involved in a minor traffic accident on I35 in Waco Sunday morning. As they were moving their car to the shoulder, they were tragically hit by another vehicle, killing one of the men and injuring the other. Sadly, these types of tragedies are not infrequent. I have previously written
- [Thom Singer on "How To Hire The Right Lawyer"](https://civtrial.com/blog/thom-singer-on-how-to-hire-the-right-lawyer/) - Thom Singer, a local author and motivational speaker, recently hosted a podcast on "How To Hire The Right Lawyer For Your Venture." Thom's thoughts are interesting since he has a background working for two of the largest law firms in the country. Thom's podcast is an interview with a corporate lawyer and focuses on how to
- [Texting While Driving - A Deadly Combination](https://civtrial.com/blog/texting-while-driving-a-deadly-combination/) - Personal injury attorneys are seeing more and more car wreck cases caused by people (primarily teens or people in their twenties) who are texting while driving (in fact, a lot of my time lately has been spent working on just such a case). It's such a problem that I've devoted a number of posts to
- [Sorry For The Lack Of Articles, But.....](https://civtrial.com/blog/sorry-for-the-lack-of-articles-but/) - I had the pleasure of spending the last week at Camp Emerald Bay on Catalina Island with about 35 members of my son's scout troop. It has taken time away from the office and my family, and it's certainly made things more hectic, but it was worth it. Over the course of the week, our
- [Should Texas Be The Model For Medical Malpractice Reform?](https://civtrial.com/blogmedical-malpracticepersonal-injury/should-texas-be-the-model-for-medical-malpractice-reform/) - In the last few months, opponents of health care reform have insisted that one key to lowering health care costs is the adoption of "tort reform" by capping the damages that can be recovered in medical malpractice cases. For some time now, I’ve been urging people to look at the Texas medical malpractice "experiment" to
- [Should a Person Injured In a Car Crash Always Get 3 Times The Medical Bills In Pain And Suffering?](https://civtrial.com/blog/should-a-person-injured-in-a-car-crash-always-get-3-times-the-medical-bills-in-pain-and-suffering/) - This answer was posed to a website that I sometimes visit. I wanted to answer it here because this is a pervasive myth that needs to be disspelled (perhaps we need a snopes.com site for lawsuit myths). Despite what people are peddling, the answer to the question is "No." There is no rule of thumb
- [Serious Personal Injury May Happen While Texting And Walking](https://civtrial.com/blog/serious-personal-injury-may-happen-while-texting-and-walking/) - No doubt you have seen the video of the woman texting and falling into a fountain at a shopping mall. While the video was funny and no one was serioiusly hurt, the ramifications for texting and walking have the potential to be fatal. It used to be that everyone got to where they were going
- [Protect Your Kids --- Follow The New Booster Seat Law](https://civtrial.com/blog/protect-your-kids-follow-the-new-booster-seat-law/) - A couple of weeks ago I warned about the dangers of young children riding in cars without booster seats and the upcoming law requiring their use for many kids. Well, today's the day. Starting today, all children who are under 8, unless they are already 4'9" tall, have to use a booster seat. As you might
- [Personal Injury Victims, How Far Will Insurance Adjusters Go To Investigate Your Claim?](https://civtrial.com/auto-accidentsblogpersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/personal-injury-victims-how-far-will-insurance-adjusters-go-to-investigate-your-claim/) - I was having a talk with a fellow personal injury lawyer the other day, and he was griping about the result of a mediation. This was a small car wreck case, and the insurance adjuster dropped the "bombshell" during the mediation that she discovered that the plaintiff had run a 5k race after the car
- [Oprah Takes On Distracted Driving](https://civtrial.com/auto-accidentsblogpersonal-injurywrongful-death/oprah-takes-on-distracted-driving/) - It's no secret that we've advocated for people to be more careful about driving and texting. Some of our prior posts on this include: Get Off Your Cell Phone In A School Zone Another Story On The Dangers of Texting And Driving Auto Accidents and Text Messaging (series of articles) But now, someone with a
- [On-The-Job Injury?  Don't Sign A Release Without Advice From A Lawyer](https://civtrial.com/blogpersonal-injuryworkplace-accidents/on-the-job-injury-dont-sign-a-release-without-advice-from-a-lawyer/) - I've heard from two attorneys the last few days that were trying to avoid a difficult situation involving on-the-job injuries. For background, Texas is a worker's comp state. If your employer has worker's comp then you are, for the most part, barred from suing your employer if you're injured on the job. On the other
- [Military Personnel May Benefit From Blood Testing When a Traumatic Brain Injury Is Suspected](https://civtrial.com/blog/military-personnel-may-benefit-from-blood-testing-when-a-traumatic-brain-injury-is-suspected/) - Traumatic brain injuries account for more than 1 million emergency room visits annually in the USA. One million head trauma cases in the USA every year is a sign that something needs to be done to reduce the occurrence of this type of injury. Something also needs to be done to speed up the diagnosis
- [Lesson From The Bastrop (Central Texas) Fires: Make Sure You Have Enough Insurance](https://civtrial.com/blog/lesson-from-the-bastrop-central-texas-fires-make-sure-you-have-enough-insurance/) - Yesterday's Austin American Statesman featured the tragic story of Carmen and Javier Chaparro, recent victims of the Bastrop County fires. The Chaparros seem like great people. Javier is a professional musician, and Carmen is a teacher who works with special-needs kids. But sadly, after the fire, the Chaparros discovered that they didn't have enough insurance
- [It's ROT RALLY Weekend; Watch Out For Bikers](https://civtrial.com/auto-accidentsblogpersonal-injury/its-rot-rally-weekend-watch-out-for-bikers/) - I had a post yesterday about biker awareness given that this weekend is ROT RALLY weekend. Since making that post, I found a couple of more videos to remind those of us that are non-bikers to be aware of our biking brothers and sisters this weekend. And this one made me laugh... Have fun, and be
- [Is Your Personal Injury Lawyer A Member Of The Texas Trial Lawyers Association And The Capital Area Trial Lawyers Association?](https://civtrial.com/auto-accidentsblogpersonal-injury/is-your-personal-injury-lawyer-a-member-of-the-texas-trial-lawyers-association-and-the-capital-area-trial-lawyers-association/) - A problem for potential clients is knowing what to look for in a potential personal injury lawyer. One thing I always advise is to find out whether your lawyer is a member of the Texas Trial Lawyers Association and, if in Austin, the Capital Area Trial Lawyers Association. The Texas Trial Lawyers Association is the
- ["Independent" Medical Exams Going Rogue](https://civtrial.com/blog/independent-medical-exams-going-rogue/) - A constant problem that we face in cases are doctors who perform "independent" medical exams. In many cases, insurance companies hire doctors to review our clients' medical records or to have a one-time exam of our clients and then write a report on how bad our clients are hurt and/or whether our clients' injuries are
- [In An Accident?  Make Sure The Hospital (Or Other Health Provider) Knows About Your Health Insurance](https://civtrial.com/auto-accidentsblogpersonal-injurypremises-liability/in-an-accident-make-sure-the-hospital-or-other-health-provider-knows-about-your-health-insurance/) - If you're injured in an accident, some hospitals and other medical providers would rather forego making a claim on your health insurance and wait until the end of the case to receive payment out of any settlement or judgement. "Why?" you might ask. Medical providers have contracts with health insurance companies, and under those contracts, the
- [Del Valle School Bus Incident --- More Evidence We Need Seat Belts On School Buses](https://civtrial.com/blogpersonal-injury/del-valle-school-bus-incident-more-evidence-we-need-seat-belts-on-school-buses/) - This week, Rene Nunez-Lemus, a Del Valle school bus driver, has been accused of injuring eleven students by slamming on the brakes of his bus after becoming frustrated with some of the students. A number of the students sustained injuries severe enough to require EMS transport to the hospital. I don't really know what happened
- [Another Wrong-Way Driving Death In Austin](https://civtrial.com/auto-accidentsblog/another-wrong-way-driving-death-in-austin/) - There are some things that just seem like they shouldn't happen: doctors performing surgery on the wrong body parts, tires coming off of 18 wheelers or other cars and causing wrecks, and wrecks caused by people driving the wrong way on highways. And yet all of them occur over and over. Sadly, this weekend was
- [Another Austin Wrong-Way Driver Wreck](https://civtrial.com/auto-accidentspersonal-injury/another-austin-wrong-way-driver-wreck/) - Last night, two people were killed in a collision when a driver was driving down Mopac the wrong way. Just before 1:00 a.m., APD received calls of a driver driving southbound in the northbound lanes of Mopac. The APD dispatched several police cars and even a police helicopter to try and intervene, but they couldn't
- [Another Austin Hit-and-Run Wreck!  Is There a Potential Recovery?](https://civtrial.com/auto-accidentspersonal-injury/another-austin-hit-and-run-wreck-is-there-a-potential-recovery/) - This weekend, someone was seriously injured in a hit-and-run wreck on Nuckols Crossing Road. The story on the wreck isn't specific, but it appears that the victim was a pedestrian. A question we often get in pedestrian/hit-and-run driver wrecks is whether there is a way to make a recovery. And the answer is, "maybe." Most
- [An Example Of An Insurance Company Trying To Chisel You On Your Personal Injury Claim](https://civtrial.com/dog-attacks/attorney-brooks-schuelke-urges-balanced-dog-law-enforcement-after-fatal-animal-attack-in-lockhart/) - A recent attack involving a group of dogs that killed and injured several animals on a neighboring property has brought to light concerns about the enforcement of dog laws in Texas. The incident highlights the ongoing issue of dangerous dogs in some communities and the devastating consequences of repeated attacks. Attorney Brooks Schuelke of Schuelke
- [A Criminal Conviction For A Trucking Accident](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/a-criminal-conviction-for-a-trucking-accident/) - I often tell our clients that one of the purposes of the civil justice system is to help hold wrongdoers accountable (thus the name of our book). And many times, the civil justice system is the only way to hold wrongdoers accountable. But sometimes the criminal justice system does its part, as it did in
- [Another Story On The Dangers Of Texting And Driving](https://civtrial.com/auto-accidentsblogpersonal-injurytrucking-accidents/another-story-on-the-dangers-of-texting-and-driving/) - If you've read our website, you know we've written extensively on the dangers of texting and driving. You can read some of our posts on the dangers of text messaging while driving, including viewing our resources pages by looking at our auto accidents and text messaging page. Recently, Bryan/College Station television station KBTX had a
- [Mild Traumatic Brain Injuries: There Is Nothing Small About It](https://civtrial.com/personal-injury/mild-traumatic-brain-injuries-there-is-nothing-small-about-it/) - Mild Traumatic Brain Injuries: There Is Nothing Small About It
- [Brain Injury Bonanza: New Brain Injury Diagnostic Tools](https://civtrial.com/personal-injury/brain-injury-bonanza-new-brain-injury-diagnostic-tools/) - Brain Injury Bonanza: New Brain Injury Diagnostic Tools
- [Brain Injuries: The Personal Injury Silent Killer](https://civtrial.com/personal-injury/brain-injuries-the-personal-injury-silent-killer/) - Brain Injuries: Personal Injury Silent Killer
- [Austin Brain Injury Lawyer](https://civtrial.com/personal-injury/austin-brain-injury-lawyer/) - Austin Brain Injury Lawyer
- [Sending The Settlement Package](https://civtrial.com/news/sending-the-settlement-package/) - Sending The Settlement Package
- [Personal Injury Claim: Negotiation Phase](https://civtrial.com/news/personal-injury-claim-negotiation-phase/) - Personal Injury Claims: Negotiation Phase
- [Personal Injury Claims: Settlement Or Suit](https://civtrial.com/personal-injury/personal-injury-claims-settlement-or-suit/) - Personal Injury Claim: Settlement or Suit?
- [Personal Injury Claims: The Jury Trial](https://civtrial.com/news/personal-injury-claims-the-jury-trial/) - Personal Injury Claims: The Jury Trial
- [Schuelke Law Emphasizes the Risk of Intersection Car Accidents](https://civtrial.com/auto/schuelke-law-emphasizes-the-risk-of-intersection-car-accidents/) - An October car accident at the intersection of Thomas Springs Road and West State Highway 71 left one person dead. The accident is one of many that underscores the importance of safe travel near intersections. The crash occurred in the morning hours on October 18, 2024. Emergency responders from the Austin-Travis County Emergency Medical Service
- [I'm A Failure (And Happy I Am)](https://civtrial.com/news/im-a-failure-and-happy-i-am/) - It’s often hard to admit you’re a failure at something, but I’ll admit, I was a huge failure at one thing…fostering our dog. During Covid, my daughter had to come home from college. Like everyone else in Austin, she decided that since we were at home all day that we needed to foster a dog.
- [Schuelke Law Warns Austin Residents of the Risks of Pedestrian Accidents](https://civtrial.com/auto/schuelke-law-warns-austin-residents-of-the-risks-of-pedestrian-accidents/) - A car struck a pedestrian at the intersection of Crumley Lane and Montopolis Drive in November 2024, claiming the life of the pedestrian. The accident occurred around 6:30 p.m. on November 11, 2024 in southeast Austin. Austin-Travis County Emergency Medical Services (ATCEMS) responded to the scene after receiving a report that a vehicle had struck
- [Schuelke Law Notes First Prosecution Under Texas’ New Crosswalk Law](https://civtrial.com/news/schuelke-law-notes-first-prosecution-under-texas-new-crosswalk-law/) - Experienced personal injury lawyers like the team at Schuelke Law have helped many families seek compensation after a loved one was killed or severely injured in a crosswalk accident. Until recently, however, the law regarding criminal responsibility for killing someone walking in a crosswalk was difficult to prosecute. That changed recently with the passage of
- [Attorney Brooks Schuelke Urges Proactive Measures as New Data Highlights High Rates of Nonfatal Traumatic Brain Injuries in the U.S.](https://civtrial.com/personal-injury/attorney-brooks-schuelke-urges-proactive-measures-as-new-data-highlights-high-rates-of-nonfatal-traumatic-brain-injuries-in-the-u-s/) - A recent report from the Centers for Disease Control and Prevention (CDC) reveals alarming data on the incidence of nonfatal traumatic brain injuries (TBIs) in the United States, emphasizing the need for preventive actions to protect public health.According to the report, over 223,000 Americans were hospitalized with nonfatal TBIs, with unintentional falls and motor vehicle
- [Trucker With Prohibited Status on License Kills Two in School Bus Crash ](https://civtrial.com/wrongful-death/trucker-with-prohibited-status-on-license-kills-two-in-school-bus-crash/) - In a devastating sideswipe crash between a school bus and a big rig, two families filed wrongful death lawsuits against the trucker, his company, and its owner. Those killed were a 33-year-old man and a 5-year-old prekindergarten child. There are at least five other lawsuits filed in connection with this crash. The fatal crash is
- [Attorney Brooks Schuelke Calls for Greater Worker Safety Standards After OSHA Cites Texas Manufacturer for Violations Leading to Serious Injury](https://civtrial.com/workplace-accidents/attorney-brooks-schuelke-calls-for-greater-worker-safety-standards-after-osha-cites-texas-manufacturer-for-violations-leading-to-serious-injury/) - Following a U.S. Department of Labor investigation, federal workplace safety inspectors determined that serious injuries suffered by an employee at Artco-Bell Corp., a Temple-based furniture manufacturer, could have been prevented with proper safety measures. The investigation, which focused on a machinery accident in April 2024, revealed that the company failed to install the required machine
- [Schuelke Law Discusses New Treatment for Traumatic Brain Injury](https://civtrial.com/personal-injury/schuelke-law-discusses-new-treatment-for-traumatic-brain-injury/) - There are approximately 1.5 million people across the nation who have survived a traumatic brain injury (TBI). The outcome over time varies according to the nature and severity of the initial injury. This is a major area of research and the latest breakthrough may help more TBI survivors. “One of the biggest concerns about sustaining
- [Attorney Brooks Schuelke Urges Balanced Dog Law Enforcement After Fatal Animal Attack in Lockhart](https://civtrial.com/dog-attacks/attorney-brooks-schuelke-urges-balanced-dog-law-enforcement-after-fatal-animal-attack-in-lockhart/) - A recent attack involving a group of dogs that killed and injured several animals on a neighboring property has brought to light concerns about the enforcement of dog laws in Texas. The incident highlights the ongoing issue of dangerous dogs in some communities and the devastating consequences of repeated attacks. Attorney Brooks Schuelke of Schuelke
- [Schuelke Law Discusses How Fatal Traffic 2024 Crash Data Shows Little Improvement](https://civtrial.com/auto/schuelke-law-discusses-how-fatal-traffic-2024-crash-data-shows-little-improvement/) - KXAN’s collection of fatal traffic accident data shows that Austin’s 2024 death rates aren’t improving much over 2023. Austin set a record high for traffic accident deaths in 2022, with 122 total fatalities. These deaths included drivers, passengers, pedestrians, bicyclists, and motorcyclists. In 2023, 94 total traffic deaths were reported in Austin. The city has
- [Schuelke Law Comments on Trucking Lawsuit Bill Remains Controversial](https://civtrial.com/trucking-accidents/schuelke-law-comments-on-trucking-lawsuit-bill-remains-controversial/) - HB 19 passed in 2021 intending to reduce trucking insurance rates by changing the way families must bring lawsuits in fatal truck accidents. Three years later, however, the bill remains controversial. Under HB 19’s rule change, any lawsuit involving a commercial vehicle must be “bifurcated,” or split into two stages. In the first stage, an
- [Injury Attorney Brooks Schuelke Encourages Austin Families to Plan Safety for Themselves and Their Pets](https://civtrial.com/personal-injury/injury-attorney-brooks-schuelke-encourages-austin-families-to-plan-safety-for-themselves-and-their-pets/) - A July 2024 house fire in northwest Austin ended with the rescue of every person in the house and the family’s two pet cats, according to a news report by KVUE. One adult received treatment for non-life-threatening injuries from emergency medical responders. The cats were rescued and found to be unharmed. The Federal Emergency Management
- [Austin Injury Lawyer Brooks Schuelke Reminds Businesses, Workers of the Risks of Construction Injuries](https://civtrial.com/workplace-accidents/austin-injury-lawyer-brooks-schuelke-reminds-businesses-workers-of-the-risks-of-construction-injuries/) - An Austin construction accident recently sent a worker to the hospital after the worker fell 30 feet from scaffolding, according to a CBS Austin news report. The worker was transported to a local hospital with life-threatening injuries, according to CBS Austin. Falls are one of the most common causes of death and serious injury in
- [Schuelke Law Focuses on Roadway Design as a Factor in Serious Car Accidents](https://civtrial.com/news/schuelke-law-focuses-on-roadway-design-as-a-factor-in-serious-car-accidents/) - A recent update to news reports of a Gardendale crash that killed one child and left several others injured underscores the importance of roadway design and signage in helping drivers navigate Texas roads safely. Recent Serious Car Accidents on FM 554 The Gardendale crash occurred on June 25th at the intersection of FM 554 and
- [Austin Injury Attorney Brooks Schuelke Notes That Factory Jobs Come With Risks](https://civtrial.com/workplace-accidents/austin-injury-attorney-brooks-schuelke-notes-that-factory-jobs-come-with-risks/) - Tesla’s Gigafactory made headlines with its move to Texas. Now, the factory is making headlines for another reason: The family of a Gigafactory worker is suing Tesla and two other companies, alleging that the companies’ negligence led to the death of their family member. The lawsuit alleges that the worker, a journeyman electrician, was inspecting
- [Schuelke Law Underscores the Risks of Head-On Car Crashes](https://civtrial.com/auto/schuelke-law-underscores-the-risks-of-head-on-car-crashes/) - A head-on vehicle collision near Carrizo Springs claimed seven lives in June and left two children with life-threatening injuries. According to NBC News, one crash occurred about 116 miles southwest of San Antonio. A black Chrysler 300 sedan crossed the center line and hit a 1998 Dodge pickup head-on, then rolled into the ditch and
- [Uber, Lyft or Other Rideshare Wreck: Have you given up some of your rights?](https://civtrial.com/news/uber-lyft-or-other-rideshare-wreck-have-you-given-up-some-of-your-rights/) - What You Need to Know If You've Been Injured in an Uber or Lyft Accident Rideshare services like Uber or Lyft offer great convenience. They can help you get around when you're out of town or even served as your designated driver. But what if you're injured in an Uber or Lyft? You might have
- [Schuelke Law Firm Raises Concern Over Surging Fatal Car Accidents in Texas](https://civtrial.com/wrongful-death/schuelke-law-firm-raises-concern-over-surging-fatal-car-accidents-in-texas/) - Whether a crash involving a car and another vehicle or a car and a pedestrian, deadly collisions are far too common in Texas. In one crash, a young man was killed in a hit-and-run crash in Guadalupe County on State Highway 123 North. The man was walking home when he was hit and killed by
- [Texas Personal Injury Attorney Brooks Schuelke Advocates for Victims of Uninsured Motorist Accidents](https://civtrial.com/auto/texas-personal-injury-attorney-brooks-schuelke-advocates-for-victims-of-uninsured-motorist-accidents/) - With recent data revealing that a staggering 8.3% of Texas drivers are uninsured, equating to approximately 1,479,289 individuals on the roads without coverage, personal injury attorney Brooks Schuelke, who has spoken at seminars all over the state helping lawyers better pursue these claims, is on a mission to ensure justice for victims of uninsured motorist
- [Texas Personal Injury Attorney Sheds Light on Alarming Statistics: Falls Are a Leading Cause Of Death Since 2000](https://civtrial.com/news/texas-personal-injury-attorney-sheds-light-on-alarming-statistics-falls-are-a-leading-cause-of-death-since-2000/) - In a compelling call to action, personal injury attorney Brooks Schuelke sheds light on the alarming prevalence and economic burden of older adult falls in Texas and across the United States. With over 14 million adults ages 65 and older reporting falls each year nationwide, the impact of these incidents reverberates through communities, resulting in
- [Schuelke Law Discusses Deadly Truck Crashes in Austin](https://civtrial.com/trucking-accidents/schuelke-law-discusses-deadly-truck-crashes-in-austin/) - Truck crashes in the Austin area are relatively frequent. Many have a deadly outcome, as did one truck crash on State Highway 45 near the US 183 toll road. In one Highway 45 crash, a pick-up truck slammed into the back of an 18-wheeler, killing the pick-up driver. The collision happened about 6:45 a.m. The
- [Schuelke Law Discusses Emerging Treatments for Traumatic Brain Injury](https://civtrial.com/personal-injury/schuelke-law-discusses-emerging-treatments-for-traumatic-brain-injury/) - Traumatic brain injury (TBI) is a lot more common than we might think and dramatically affects how the brain works. TBIs can be acquired due to a blow to the head, such as in a car accident or while playing sports, or may result from a penetration injury, such as a gunshot wound. TBI affects
- [Schuelke Law Comments on Judiciary Publication Regarding Civil Injury Lawsuit Trends in Texas](https://civtrial.com/personal-injury/schuelke-law-comments-on-judiciary-publication-regarding-civil-injury-lawsuit-trends-in-texas/) - The Office of Court Administration compiles the Annual Statistical Report, which encompasses the state fiscal year from September 1 to August 31 2023. This comprehensive report provides insights into the Texas court system's structure and jurisdiction, offers in-depth analyses of case activity and emerging trends, and presents statistical data from appellate and trial courts. Experienced
- [Schuelke Law Prepares for New OSHA Injury Reporting Requirements in 2024](https://civtrial.com/workplace-accidents/schuelke-law-prepares-for-new-osha-injury-reporting-requirements-in-2024/) - The federal Occupational Safety and Health Administration (OSHA) recently announced updates to its injury reporting rules. Beginning in 2024, companies in certain high-risk industries will be required to file injury reports electronically. Companies affected by this change are those with 100 or more employees in certain named “high-hazard” industries, such as construction. These companies must
- [Schuelke Law Addresses Challenges With September 2023 Trucking Law](https://civtrial.com/trucking-accidents/schuelke-law-addresses-challenges-with-september-2023-trucking-law/) - On September 1, 2023 a new Texas law took effect. The law allows local police to enforce commercial vehicle safety standards in three Texas locations: Orange County, Waller County, and the City of Mesquite. Before the change, the Texas Department of Public Safety was the only agency responsible for enforcing state and federal regulations regarding
- [Austin Personal Injury Attorney Brooks Schuelke Weighs in on Changes to Texas Mental Anguish Damages](https://civtrial.com/news/austin-personal-injury-attorney-brooks-schuelke-weighs-in-on-changes-to-texas-mental-anguish-damages/) - The Texas Supreme Court delivered a groundbreaking decision in Gregory v. Chohan, reshaping the landscape of mental anguish damages that left many questions unanswered. Mental anguish damages in Texas are a recognized form of compensation for individuals who have endured significant emotional distress due to the actions or negligence of others. The landmark ruling marked
- [Schuelke Law Discusses the Most Dangerous Roads in Austin, Texas](https://civtrial.com/auto/schuelke-law-discusses-the-most-dangerous-roads-in-austin-texas/) - Austin Transportation's Vision Zero program has identified 13 High-Injury Roadway sections that require cost-effective safety enhancements. These improvements include focused engineering designs, better signage, and targeted enforcement against dangerous driving behaviors. In the past seven years, these 13 sections have witnessed over 350 serious injuries or fatalities, making up more than half of the top
- [Schuelke Law Prepares to Help Dog Bite Victims During Record Injury Year](https://civtrial.com/dog-attacks/schuelke-law-prepares-to-help-dog-bite-victims-during-record-injury-year/) - 2022 was a record year for dog bite injuries and deaths in Texas, a state that frequently leads the nation in dog bite attacks. Between 2010 and 2021, 47 people died in Texas as a result of dog bite injuries - second only to California, with 48 deaths. Both states exceeded the national average of
- [Schuelke Law Attorneys: Rising Texas Home, Auto Insurance Rates Could Cost You More Than You Expect](https://civtrial.com/personal-injury/schuelke-law-attorneys-rising-texas-home-auto-insurance-rates-could-cost-you-more-than-you-expect/) - Insurance rates are rising again in Texas. At the end of 2022, Texas insurance regulators authorized 32 separate rate increase requests from the state’s home and auto insurers - increases expected to raise premiums by $425.5 million across the industry. The increases are linked to a combination of issues for home and auto insurers. Major
- [Schuelke Law Weighs In on Changes to Vehicle Inspection Laws](https://civtrial.com/auto/schuelke-law-weighs-in-on-changes-to-vehicle-inspection-laws/) - Required annual vehicle inspections are coming to an end in Texas - at least for non-commercial drivers. In June 2023, Texas Governor Greg Abbott signed a new law to end the annual vehicle inspection requirement. Beginning in 2025, Texas drivers won’t need to take their cars into the shop for a yearly inspection. Commercial vehicles
- [Schuelke Law Attorneys Consider Results of Nationwide Speeding Study for Texas Drivers](https://civtrial.com/auto/schuelke-law-attorneys-consider-results-of-nationwide-speeding-study-for-texas-drivers/) - Texas drivers know how quickly traffic can move on the state’s roads. Yet many Texans are used to fast driving. To them, it doesn’t feel dangerous - which means studies about speeding deaths can come as a surprise. Many Texas personal injury lawyers took note when the National Highway Traffic Safety Administration (NHTSA) released its
- [Schuelke Law Handles Wrongful Death Lawsuits in Wake of Deadly Crashes](https://civtrial.com/wrongful-death/schuelke-law-handles-wrongful-death-lawsuits-in-wake-of-deadly-crashes/) - Car accidents are on the rise. The reasons vary but can include being in a hurry to get to Point A from Point B, distracted driving, DWI/DUI, and even bad weather. The worst outcome of any car accident involves the death of one or more people. One head-on accident between a BMW and a Toyota
- [Schuelke Law Steps Up to Address Big Truck Accident Cases in Austin, TX](https://civtrial.com/trucking-accidents/schuelke-law-steps-up-to-address-big-truck-accident-cases-in-austin-tx/) - One thing is certain when a passenger vehicle is involved in an accident with a big rig. Either the driver and/or passengers of that vehicle are going to sustain serious, life-altering injuries or die. The weight of an 18-wheeler can be fully loaded up to 80,000 pounds. The lowest weight a large truck can be
- [Schuelke Law Comments on Why Texas Car Accidents Are So Common](https://civtrial.com/news/schuelke-law-comments-on-why-texas-car-accidents-are-so-common/) - Not a day goes by without car accidents happening in the nation, Texas, and in Austin. This is not surprising as Texas has a population of at least 29.53 million, and Austin had a population of 964,177 in 2021. Additionally, Texas has one of the highest rates of crashes across the nation – with the
- [Schuelke Law Discusses Why Holding Wrongdoers Accountable Is Crucial](https://civtrial.com/personal-injury/schuelke-law-discusses-why-holding-wrongdoers-accountable-is-crucial/) - Serious personal injuries are life-changing, expensive and frightening. It does not matter how those injuries were sustained; what matters is how a survivor can move forward, recover, and rebuild a new life. At Schuelke Law in Austin, their record for helping injured survivors and those survivors other attorneys turned away is notable.” We do not
- [What Are Three Requirements of Every Injury Claim?](https://civtrial.com/personal-injury/what-are-three-requirements-of-every-injury-claim/) - There are three requirements in every personal injury claim. 1. Liability To prevail on your personal injury claim, you must show that the defendant - the person you're suing - is liable for the claim. That means you must show that the other person did something wrong that caused your harm. Most personal injury cases
- [Brooks Schuelke of Schuelke Law Comments on Self-Driving Semis on Austin Highways](https://civtrial.com/trucking-accidents/brooks-schuelke-of-schuelke-law-comments-on-self-driving-semis-on-austin-highways/) - Highways between Austin and other major Texas cities are often full of semi trucks hauling cargo. To date, each truck has always had a human driver behind the wheel. Autonomous trucking company Aurora seeks to change that situation - prompting a response from Schuelke Law’s Brooke Schuelke. Dallas-based Aurora recently announced that it is performing
- [When Someone Injures Their Brain, Healing May Also Depend on the Time of Day](https://civtrial.com/personal-injury/when-someone-injures-their-brain-healing-may-also-depend-on-the-time-of-day/) - Sustaining a traumatic brain injury (TBI) is the last thing anyone wants to happen in their lives. It can have long-lasting (and even permanent) effects and disrupt a survivor's life significantly. Recently, there have been some breakthroughs in treating a TBI, with one option showing an interesting promise. It was recently postulated that an injured
- [Five People Killed After a Head-on Two-Vehicle Crash on Highway 110](https://civtrial.com/auto/five-people-killed-after-a-head-on-two-vehicle-crash-on-highway-110/) - Car accidents can happen at any time. However, they seem to be a daily event in Texas. Recently five people were killed after a head-on two-vehicle crash on Highway 110. This highway has a reputation for the high number of motor vehicle accidents that happen each year. Those who live along the route believe that
- [Mediation: What is a mediator's proposal?](https://civtrial.com/blognewssocial/mediation-what-is-a-mediators-proposal/) - One tool that many mediators use to try and help resolve cases is a "mediator's proposal". What is it? Many mediations will come to an impasse, where the parties can't reach an agreement. To help bridge that gap, many mediators will use a mediator's proposal to settle the case. In a mediator's proposal, the mediator
- [MEDIATION: What is negotiating with brackets?](https://civtrial.com/newssocial/mediation-what-is-negotiating-with-brackets/) - MEDIATION: What is negotiating with brackets? One tool many mediators use is "negotiating with brackets". In most mediations, the parties start their negotiations far apart from one another. Most times that gap can be bridged through normal negotiations. But in some instances, mediators will suggest using brackets to help close that gap. What does that
- [The Deadliest Roads in East Texas](https://civtrial.com/auto/the-deadliest-roads-in-east-texas/) - Spring break is soon upon us, and many Texans are planning to drive to other locations to spend time with their families. During this time, there needs to be a great degree of caution when out on the highways. This is because there are going to be more people on the roads, and the chances
- [Halloween Is The Deadliest Day For Child Pedestrian Accidents](https://civtrial.com/news/halloween-is-the-deadliest-day-for-child-pedestrian-accidents/) - This time of year, parents are worried about dangerous candy, but the biggest danger to our kids is cars. Halloween is almost always the most deadly day of the year for child pedestrian accidents, and the third deadliest day for pedestrian deaths overall. According to AAA, children are 3 times more likely to be in
- [Is There A Future For Self-Driving Cars?](https://civtrial.com/newslettersocial/is-there-a-future-for-self-driving-cars/) - For several years, companies have been pumping billions of dollars into the technology for self-driving cars, and self-driving cars have been a discussion point for several groups, including those of us who are car wreck attorneys wondering how safe these cars can be. Recently, the future of these cars was cast in doubt when some
- [Another Honor For Brooks](https://civtrial.com/newsnewsletter/8409/) - Brooks Schuelke has once again been selected as a Super Lawyer in the Plaintiff's Personal Injury category. This is a distinction that is given to a small percentage of attorneys, and Brooks and the firm are honored to have been included yet again. We are particularly pleased because we understand a large component of the
- [Social Media TikTok Carries Deadly Content](https://civtrial.com/wrongful-death/social-media-tiktok-carries-deadly-content/) - In two disturbing wrongful death cases, TikTok played a role that has yet to be questioned. Social media can be a place of fun and laughter, or, as two recent cases demonstrate, a place that promotes deadly challenges that can kill users. Two families, one of them from Temple, Texas, have filed a wrongful death
- [What is a Personal Injury Case?](https://civtrial.com/personal-injury/what-is-a-personal-injury-case/) - The best explanation of a personal injury case is that it involves someone injured as the result of the negligence of another person or entity. Personal injury cases would include cases where someone has some injuries or even where someone is killed. Because they are so important, you need to discuss any accident case with
- [Perhaps My Biggest Legal Honor](https://civtrial.com/newsnewsletter/perhaps-my-biggest-legal-honor/) - Yesterday, I was shocked and humbled to receive the 2020 Scott Ozmun Trial Lawyer of the Year Award from the Capital Area Trial Lawyers Association (and yes, it was delayed by Covid like most other things). The award is given annually to an outstanding attorney for his or her commitment to the law, their clients,
- [What do you do if you're in a car wreck?](https://civtrial.com/blognewsnewslettersocial/what-do-you-do-if-youre-in-a-car-wreck/) - What do you do if you're in a car wreck? I recently had a friend get in a wreck, and when discussing it with my 18 year old son, my son told me he wouldn't know what to do. So I've failed as a parent. Not only have I not taught him something important, but
- [Congrats! Brooks Schuelke was named to the 2021 Texas Super Lawyers List](https://civtrial.com/blognewsnewslettersocial/congrats-brooks-schuelke-was-named-to-the-2021-texas-super-lawyers-list/) - We are pleased to announce that Brooks has been selected to the 2021 Texas Super Lawyers list. This is an exclusive list, recognizing no more than five percent of attorneys in the state. Super Lawyers, part of Thomson Reuters, is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of
- [Texas Winter Storm: Insurance Claims](https://civtrial.com/social/texas-winter-storm-insurance-claims/) - Our firm has handled a number homeowners' insurance claims, and we wanted to provide some tips for our fellow Texans who suffered losses as a result of the storm. DOCUMENT EVERYTHING First, document everything. The MOST IMPORTANT thing you can do right now is to document your losses. You may be able to make claims
- [Dog Mauls 3 Year Old At A Texas Restaurant: Legal Lessons](https://civtrial.com/blogdog-attacksnewslettersocial/dog-mauls-3-year-old-at-a-texas-restaurant-legal-lessons/) - A three year old child was the victim of a pit bull attack on January 9th in the Spring, Texas restaurant, Loose Caboose. The poor girl needed multiple stitches on her face, and will likely need plastic surgery to address the wounds. The dog owner, reported to be, Jennifer Romano, fled the scene. Fortunately, relying
- [Personal Injury Lawyers As Storytellers](https://civtrial.com/newsnewslettersocial/personal-injury-lawyers-as-storytellers/) - I spent part of today on Zoom (of course) helping some University of Texas Law students tell their stories. Why, you may ask. Because stories are our currency. Stories are how we help convey what happened to harm our clients or how our clients are hurt. Stories help us convey the pain or the limitations
- [Austin Car Wrecks: If Traffic Is Down, Why Are 2020 Traffic Fatalities Up?](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/austin-car-wrecks-if-traffic-is-down-why-are-2020-traffic-fatalities-up/) - When the pandemic started this year, one of the only good byproducts was reduced traffic. And there was a big reduction. But with the reduction in traffic, most people expected a reduction in car wrecks and traffic fatalities. In fact, early on, several auto insurance companies were giving their customers small refunds on premiums because
- [Children's Settlements: Why Can't I Get The Money Right Away?](https://civtrial.com/newsnewslettersocial/childrens-settlements-why-cant-i-get-the-money-right-away/) - When we settle a minor's claims, parents are sometimes surprised to learn that the children don't get the money right away. Instead, the money is typically either deposited with the court until the child turns 18 or used to buy a structured settlement. A structured settlement is an annuity that pays a child a set
- [Covid-19 And Business Interruption Insurance](https://civtrial.com/newslettersocial/covid-19-and-business-interruption-insurance/) - Large and small businesses throughout the country have been wondering if any of their insurance policies will cover any of the losses they are sustaining because of the Covid-19/Coronavirus outbreak. It's impossible to give a general statement because whether there is coverge depends entirely upon the wording of your policy. Insurance companies, of course, don't
- [How Covid-19 Will Affect Your Austin Car Wreck Claims](https://civtrial.com/newslettersocial/how-covid-19-will-affect-your-austin-car-wreck-claims/) - Covid-19 is affecting everything, including your Austin car wreck claims. Last week, the Austin Police Department announced a change in policy that they wouldn't be personally showing up for most car wreck calls. That's probably a good call for officers' health, but it certainly hurts your ability to bring your claims. What can you do
- [What We're Doing In Response To Coronavirus/Covid-19](https://civtrial.com/newslettersocial/what-were-doing-in-response-to-coronavirus-covid-19/) - For the most part, for us, it's business as usual. That's not to say we're not being safe. We have closed our office and are trying to eliminate all meetings. But that doesn't mean much changes for us. We have been set up to work remotely for years. Right now, we're all working from home,
- [Boy Scouts, Lawsuits, & Bankruptcy:  My Thoughts](https://civtrial.com/newsnewslettersocial/boy-scouts-lawsuits-bankruptcy-my-thoughts/) - This week brings news that the Boy Scouts of America filed bankruptcy. And I have to admit that I have mixed feelings on the subject. While a membership decline has helped contribute to the financial problems, the Boy Scouts' bankruptcy filing is almost exclusively due to financial pressures faced from lawsuits filed by victims of
- [McDonald's Lawsuit & Austin?](https://civtrial.com/newslettersocial/mcdonalds-lawsuit-austin/) - You've heard about. You know what happened. And you can't believe it. A woman goes to the McDonald's drive in, orders coffee, spills it on herself while driving, and then sues and gets $3 million. As a personal injury lawyer, I'm often asked about the case and oftentimes (like in a conversation this week) asked
- [Concussion? Go Get Medical Care](https://civtrial.com/newslettersocial/concussion-go-get-medical-care/) - As a brain injury lawyer, we often warn our clients that there are few things that can be done for a concussion besides resting the brain in various ways. But that doesn't mean you should avoid getting medical care. In fact, the opposite is true. A brain injury study released in January found that people
- [Concussions: Watch Out For Effects On Mental Health](https://civtrial.com/newslettersocial/concussions-watch-out-for-effects-on-mental-health/) - As someone who represents clients who have endured brain injuries, I try to stay on top of the literature. This week, I ran into a summary of a recent brain injury study that was terrifying. The study found that high school athletes who had suffered a concussion in the prior 12 months were 20-25% more
- [Concussions: A Lesson From Iraq Bombings](https://civtrial.com/newsnewslettersocial/concussions-a-lesson-from-iraq-bombings/) - I don't want to get into politics, but there is a real lesson for personal injury victims in a recent news story. As you probably know, the United States killed an Iranian official. To retaliate, on January 8, 2020, Iran fired missiles on US bases in Iraq. The United States' immediate response was that no
- [RBI Austin - Giving Back](https://civtrial.com/blognewsnewslettersocial/rbi-austin-giving-back/) - Each year, we end the year by giving several donations to non-profits that we support. This year, one of the organizations we donated to was inspired by my son. This spring, Ryan, my 16 year old son, tried out for the RBI Austin 18 year old regional baseball team. Not only did Ryan make the
- [Are you in good hands with Allstate?](https://civtrial.com/news/are-you-in-good-hands-with-allstate/) - We have long written about problems with Allstate and other insurance companies. A news story out of Atlanta confirms that the Allstate issues aren't just in Texas or Central Texas. Watch the story to learn more. In the meantime, if you've been involved in a car wreck, and your claim involves Allstate, give us a
- [Huge New Uninsured/Underinsured Motorist Case](https://civtrial.com/auto-accidentsnewslettersocial/huge-new-uninsured-underinsured-motorist-case/) - In 2006, the Texas Supreme Court handed down a trilogy of court decisions that affected every uninsured/underinsured motorist claim presented. Before the cases, when you presented an uninsured/underinsured motorist claim to your own insurance company, if the insurance company didn't act fairly, they were subject to payment of your attorneys' fees incurred in presenting the
- [Could Changes In Law Increase Big Rig and Commercial Truck Wrecks?](https://civtrial.com/newslettersocialtrucking-accidents/could-changes-in-law-increase-big-rig-and-commercial-truck-wrecks/) - One of the key cornerstones of trucking safety is the hour of service rules. Federal laws have limits on how many hours truck drivers can drive. Because driver fatigue is one of the biggest contributors to big rig and trucking accidents, these rules are critical to protecting the public. But the trucking industry doesn't like
- [Austin ISD Working To Reduce Bus Wrecks](https://civtrial.com/newsnewslettersocial/austin-isd-working-to-reduce-bus-wrecks/) - Austin ISD Working To Reduce Bus Crashes As I was working on a bus crash case, I received an article from the Austin American Statesman about the Austin ISD taking efforts to reduce bus wrecks. I certainly applaud this effort. The article notes that in the first five months of 2019, there have been 99
- [Goodbye Jillian; Welcome (back) April](https://civtrial.com/newsnewslettersocial/goodbye-jillian-welcome-back-april/) - Today is one of those horrible, no good, very bad days. It finally happened. After more than a decade of working with me, my wonderful assistant Jillian notified me in May that she was leaving. This is great news for Jillian. Her husband’s business is taking off, and Jillian is leaving to go to work
- [Dak Prescott, Football Players, and Dog Bites](https://civtrial.com/dog-attacksnewslettersocial/dak-prescott-football-players-and-dog-bites/) - I'm not sure what it is about football players. As you may know, I had a dog attack trial against former UT and NFL running back Cedric Benson last year. Now, a new football player is in the news. According to news stories, two dogs belonging to Dallas Cowboys quarterback Dak Prescott got out of
- [Car Wreck Concussion -- A Real Life Story](https://civtrial.com/newslettersocial/car-wreck-concussion-a-real-life-story/) - One of my favorite groups to follow on Facebook is the always brilliant Humans of New York. Recently, I saw a post that describes the heartbreaking story of a woman who suffered a brain injury in a car crash (the story didn't specify that she had a brain injury, but those of who do this
- [Brain Injuries: The Invisible Rain Cloud Video](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/brain-injuries-the-invisible-rain-cloud-video/) - We've always lamented that when you have a brain injury it's hard to explain to others how the injury is affecting you. I belong to a nationwide group of lawyers who represent victims of brain injuries. Recently, my colleagues at De Caro and Kaplen in New York created a video that helps describe what you're
- [Scooter Injuries and Lawsuits On The Rise](https://civtrial.com/newsletterpersonal-injurysocial/scooter-injuries-and-lawsuits-on-the-rise/) - It seems like you can't go anywhere around Austin or any big city anymore without encountering something dangerous involving an electric scooter. And if you read a paper or other publication, then you probably see articles about scooters as well. This weekend, my family went out to Los Angeles to see my daughter, and I
- [Deposition Preparation:  Your memory](https://civtrial.com/auto-accidentsnewslettersocial/deposition-preparation-your-memory/) - When I'm getting clients prepared for their deposition, I typically have a meeting with them where I describe the deposition process, answer their questions about depositions, and then go over some deposition rules to help them get through the deposition. The first rule is always "Tell the truth". And I explain that for the vast
- [Austin and Texas Brain Injury Claims](https://civtrial.com/auto-accidentsnewspersonal-injurysocial/austin-and-texas-brain-injury-claims/) - We have had the pleasure of representing a number of clients who have sustained brain injuries. We have represented professionals (including at least one lawyer and one nurse) whose lives were completely thrown upside by their injury and inability to perform their jobs. And at the other end of the spectrum, we've represented retired persons
- [Texas Dog Bite And Animal Attack Claims](https://civtrial.com/dog-attacksnewspersonal-injurysocial/texas-dog-bite-and-animal-attack-claims/) - We have had the pleasure of representing a number of victims of animal attacks, with most of those claims being dog bite claims. These claims are serious injury claims. Regardless of how minor the physical injuries may appear, almost all dog bite claims are accompanied by significant mental distress. Most people have an inate fear
- [Austin and Texas Uninsured and Underinsured Motorist Claims](https://civtrial.com/auto-accidentsinsurancenewsletterpersonal-injurysocial/austin-and-texas-uninsured-and-underinsured-motorist-claims/) - One focus of my practice has become representing victims in uninsured and underinsured motorist claims. I literally speak to groups of lawyers throughout Texas trying to educate lawyers about the nuances of these claims. They are much more complicated than many people think. Most of my speeches are in bigger cities. I've spoken in Houston,
- [Sea Base Bahamas 2018 Review](https://civtrial.com/blogfirm-newssocialspecial-resources/sea-base-bahamas-2018-review/) - I'm using the space a little differently today. My son and I recently returned from a boy scout trip to Sea Base Bahamas. I helped plan the trip for the troop, and in the planning, I didn't find a lot of reviews or resources for the Sea Base Bahamas trip. For Philmont, there are literally
- [Dog Bite Law: Was A Dog Attack At The Center Of The NCIS Disputes?](https://civtrial.com/blog/dog-bite-law-was-a-dog-attack-at-the-center-of-the-ncis-disputes/) - It’s not often that one of my practice areas collides with popular culture. For years, I’ve had the honor of representing a number of victims of dog attacks. These are often horrible, serious incidents because of the emotional toll that a victim experiences from an attack. Imagine my surprise then when I saw a story that a
- [A Big Texas Supreme Court Win For Personal Injury Victims](https://civtrial.com/social/a-big-texas-supreme-court-win-for-personal-injury-victims/) - Yesterday, the Texas Supreme Court handed down an important opinion that will help many plaintiffs. In personal injury cases, when a victim goes to the hospital after a wreck and doesn't have insurance, the hospital can file a lien against the victim's eventual settlement. That means that at the end of the case, the client
- [Dog Attack Cases: Pit Bull Attacks Woman On Subway](https://civtrial.com/dog-attacksnewsletterpersonal-injurysocial/dog-attack-cases-pit-bull-attacks-woman-on-subway/) - Startling video is making its way around the popular news stories of a pit bull attacking a woman on a New York subway. I can't know what happened here, but I do think it's good that the video has helped raise awareness of the issues of dog attacks. We've been able to represent and help
- [Uber Self-Driving Car Death --- A Potential Law School Exam Question](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/uber-self-driving-car-death-a-potential-law-school-exam-question/) - By now, you've probably heard about the death that resulted from a car wreck involving an Uber self-driving car. The tragic facts surrounding the wreck would make a great law school exam question. What do I mean by that? In law school, exam questions were designed to present as many complicating issues in a case
- [Insurance](https://civtrial.com/secondary-home-posts/insurance-2/) - I wish I could tell you that your personal injury case will go exactly how you like it and as smooth as you like it. But from doing this for over twenty years, I know there are at least three things that you’re going to frustrated about at some point.
- [The investigation and healing stage](https://civtrial.com/secondary-home-posts/test/) - In most cases, our clients come in to see us shortly after their accident. Both of us have jobs at that point You have two main jobs: to get better and to document your injuries. You get better by going to your medical providers, following their advice, and doing what is necessary to get better.
- [Three Things That Are Going To Annoy You About Your Personal Injury Case](https://civtrial.com/auto-accidentslitigationnewsletterpersonal-injury/three-things-that-are-going-to-annoy-you-about-your-personal-injury-case-2/) - I wish I could tell you that your personal injury case will go exactly how you like it and as smooth as you like it. But form doing this for over twenty years, I know there are at least three things that you're going to frustrated about at some point. 1. THE TIME IT TAKES
- [Will Victims Of Hurricane Harvey Be Victimized Twice?](https://civtrial.com/insurancelegislationsocial/will-victims-of-hurricane-harvey-be-victimized-twice/) - Our thoughts and prayers are with all of those in the path of Hurricane Harvey. The potential damage is simply heartbreaking. Unfortunately, due to the timing of the storm, it also makes it likely that many of you who suffer property damage will be victimized twice. Why do I say that? Last legislative session, the
- [I've Handled Dog Attacks, But A Pig Attack?  What's The Law On That?](https://civtrial.com/blognewsletterpersonal-injurysocial/ive-handled-dog-attacks-but-a-pig-attack-whats-the-law-on-that/) - Over the years, I've handled a number of dog attack cases, but last week, I read a story about a 3 year old Alabama girl who was injured when she was attacked by a neighbor's pig. I don't want to make light of the story because it sounds like the girl suffered severe injuries. But
- [What To Make Of The New NFL Brain Injury Study](https://civtrial.com/auto/what-to-make-of-the-new-nfl-brain-injury-study/) - Yesterday, a new study on brain injuries in NFL players that was published in the Journal of the American Medical Association made news. As you may have heard, the study looked at brains of 111 former NFL players, and 110 of the brains had evidence of chronic traumatic encephalopathy (CTE). I've been trying to process
- [Driverless Car Drama](https://civtrial.com/auto/driverless-car-drama/) - We obviously represent a lot of people who are injured in car wrecks so I'm always interested in what happens on the driverless car front. This story presenting real life drama and corporate espionage in the driverless car industry in today's Austin American Statesman caught my attention. The story centers on the relationship between Uber
- [U.T. Looking To Cut Football Brain Injuries](https://civtrial.com/newsletterpersonal-injurysocial/u-t-looking-to-cut-football-brain-injuries/) - My University of Texas football team hasn't been on the cutting edge of winning the last few years (and we're hoping that's changing), but we are on the cutting edge of trying to protect players from brain injuries. It's no secret that an increasingly difficulty issue in football is the rise (or at least heightened
- [Brain Injuries: New Study Finds Fewer People Recover From Post-Concussive Syndrome](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/brain-injuries-new-study-finds-fewer-people-recover-from-post-concussive-syndrome/) - The April 2017 issue of the Journal of Neurotrauma reports on a new study about post-concussion syndrome. The study followed 110 patients who had post-concussive syndrome symptoms for more than three months, and the findings were stunning. Of those patients, only 27% made a full recovery. Of the 27% who made a recovery, 67% made
- [Thanks For Your Support - Here's Some Of Who You're Helping](https://civtrial.com/social/thanks-for-your-support-heres-some-of-who-youre-helping/) - The support we get from our clients and referral sources allow us to support a number of other good causes both in Austin and around the world. Today, I thought I would let you know about some of the programs you’re supporting. Friends of Scouting As some you know, my son is a Boy Scout,
- [My MRI or CT Scan Was Negative. Does This Mean I Don't Have A Brain Injury?](https://civtrial.com/auto-accidentsnewsletterpersonal-injurypremises-liabilitysocial/my-mri-or-ct-scan-was-negative-does-this-mean-i-dont-have-a-brain-injury/) - This is another question I've recently received from potential clients. They were involved in an incident --- a car wreck, a slip and fall, or something similar. They went to the ER, and the ER performed an MRI or a CT san looking for problems, but scan came back negative. Does this mean that the
- [The Emergency Room Didn't Say Anything About A Concussion. Does That Mean I Don't Have A Brain Injury?](https://civtrial.com/blognewsletterpersonal-injurysocial/the-emergency-room-didnt-say-anything-about-a-concussion-does-that-mean-i-dont-have-a-brain-injury/) - This is a question I've seemed to be answering for clients lately. You are in a wreck or other event. You go to the emergency room. They look you over, they never say anything about a brain injury, and they send you home. Does this mean you don't have some type of brain injury? Absolutely
- [A Lesson In Arbitration From A Weird College Basketball Story](https://civtrial.com/social/a-lesson-in-arbitration-from-a-weird-college-basketball-story/) - College basketball coach Billy Gillispie is no stranger to the news. He's been the coach at Texas A&M, Kentucky, and Texas Tech, among others. But this story is a little odd. Having been fired from his last two jobs, Gillispie finds himself the coach of Ranger College, a Texas junior college. In his first year,
- [Brain Injuries: New Study Finds Even One Concussion Can Have Lasting Effects](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/brain-injuries-new-study-finds-even-one-concussion-can-have-lasting-effects/) - Many of us that deal with these injuries routinely have suspected it, but a new study confirms that even one concussion can have lasting effects. The study was based on extensive data on the health of people in Sweden. The researchers found 104,000 people who experienced head injuries between 1973 and 1985. The researches then
- [Brain Injuries: Risk Of Suicide May Increase Three Fold After A Concussion](https://civtrial.com/auto-accidentsnewsletterpersonal-injurypremises-liabilitysocial/brain-injuries-risk-of-suicide-may-increase-three-fold-after-a-concussion/) - I'm part of a nation-wide group of lawyers who regularly exchange articles and other information with one another about brain injury cases. This week, we were having an online discussion about suicide, and we shared a study from earlier this year finding that persons who have suffered even a single concussion may be at a
- [Mediation/Settlement Lessons From An NBA Trade](https://civtrial.com/auto-accidentsgeneral-litigationnewsletterpersonal-injurysocial/mediationsettlement-lessons-from-an-nba-trade/) - I'm not a huge NBA fan, but over the last few days, I have been listening to a variety of talk show hosts discuss the trade of former NBA MVP Derrick Rose from the Chicago Bulls to the New York Knicks in exchange for a few of the Knicks' players. Normally, that wouldn't be all
- [Another Tragic Wreck on Highway 290](https://civtrial.com/auto-accidentspersonal-injury/another-tragic-wreck-on-highway-290/) - This afternoon, there was a terrible wreck on Highway 290 in McDade. Details are still coming in, but it appears that four people have died, including two children. Unfortunately, this is only the latest tragedy along Highway 290, which seems to be becoming more and more dangerous. For example, three people were killed about a
- [Lessons From A Self-Driving Car Wreck](https://civtrial.com/auto-accidentspersonal-injury/lessons-from-a-self-driving-car-wreck/) - Last week, Google reported on a new wreck involving one of its self-driving cars. Google is trying to sell this as the first wreck involving its self-driving cars, but reports of other wrecks are out there. Regardless, a new article from a computer/tech writer brings out one of the important issues with self-driving cars --
- [Unprecedented Actions: HoverBoard Industry Is Deemed Unsafe](https://civtrial.com/personal-injury/unprecedented-actions-hoverboard-industry-is-deemed-unsafe/) - Last Thursday, the Consumer Product Safety Commission took the unprecented step of sending a letter to all hoverboard manufacturers, importers and retailing telling them that all hoverboards are potentially unsafe. One major manufacturer, Swagway, has also told people who own its hoverboards to quit using them until they are deemed safe. This is a shocking
- [New Study Explains Why Rest Is Key Following A Brain Injury](https://civtrial.com/auto-accidentspersonal-injurypremises-liability/new-study-explains-why-rest-is-key-following-a-brain-injury/) - When my son suffered a concussion two years ago, his doctor told him the key was rest. For this then 11 year old, that meant laying down, with no reading, no television, and no video games. Just rest. Rest has long been thought to help following a brain injury, but recently, a new study came
- [Another Fatal Austin Wrong Way Driving Wreck](https://civtrial.com/auto-accidentsnewsletterpersonal-injury/another-fatal-austin-wrong-way-driving-wreck/) - Yesterday, Austin saw yet another fatal wreck caused by a driver going the wrong way on one of our highways. In this round, driver John McClintock was arrested for driving the wrong way on Mopac, where he is alleged to have hit and killed Domonick Turner. Sadly, this type of thing happens way too frequently.
- [Good Brain Injury Related News From The University of Texas](https://civtrial.com/auto-accidentsnewsletterpersonal-injurytrucking-accidentsworkplace-accidents/good-brain-injury-related-news-from-the-university-of-texas/) - Yesterday, Admiral William McRaven, the Chancellor of the University of Texas System, made several announcements about his future plans for the system. Recognizing the increase in brain injuries and diseases, Admiral McRaven proposed an "unprecedented investment" to have the University of Texas academic and health campuses work together on research and initiatives to improve brain
- [I Am Humbled](https://civtrial.com/blognewsletter/i-am-humbled/) - In the summer of 2012, I visited the West African countries of Liberia and Guinea to investigate a project involving a local school and health clinic. I came back thinking that I felt more humbled than I would probably ever feel. I was wrong. For the past twelve days, my family has hosted one of
- [Selfies Killing More People Than Sharks](https://civtrial.com/social/selfies-killing-more-people-than-sharks/) - Selfie danger is on the rise. In mid-September, a Japanese tourist at the Taj Mahal was taking a picture of himself and fell down stairs, leading to a fatal brain injury. In early September, a Houston teenager was killed taking a selfie with a gun. In August, a man was gored while trying to take
- [Energy Drinks Linked To Brain Injuries](https://civtrial.com/social/energy-drinks-linked-to-brain-injuries/) - A new University of Toronto study found that teenagers who drink heavily caffeinated energy drinks are more prone to traumatic brain injuries. In the firm, I see brain injuries in all sorts of situations -- car wrecks, bicycle accidents, falls, etc. But for teenagers, the most common cause of traumatic brain injuries is sports. The
- [Austin Police Chief:  Too Many Austin Car Wrecks](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/austin-police-chief-too-many-austin-car-wrecks/) - Austin Police Chief Art Acevedo took the unusual step this week of having a press conference to urge Austin drivers to be more safe. Chief Acevedo was prompted to take the action because this year has already been record-setting in terms of number of traffic fatalities. Acevedo noted that the top causes of wrecks are
- [This Is A Terrifying Trucking Idea](https://civtrial.com/auto-accidentsnewslettersocialtrucking-accidents/this-is-a-terrifying-trucking-idea/) - I've heard bad ideas, but this might be the worst --- letting teenagers drive trucks across the country. The trucking industry is currently pushing legislation that would allow drivers as young as 18 years old to drive trucks in interstate commerce --- across state lines. I don't have anything against teenagers. In fact, I have
- [Off Topic: Lessons From Boy Scout Camp](https://civtrial.com/social/off-topic-lessons-from-boy-scout-camp/) - I was lucky enough to accompany my son and 26 other scouts to scout camp this year. We started in Boston on July 4, and then we bussed up to Eddington, Maine to spend a week at Camp Roosevelt, a local boy scout camp. I hesitate to call it a vacation, there were 200+ kids
- [What Is A Life Care Planner?](https://civtrial.com/personal-injury/what-is-a-life-care-planner/) - Many of our more serious cases require a life care planner. A life care planner is an expert witness, usually a doctor or nurse or combination of the two, who sets out the likely care that you'll need for the rest of your life. It can include things such as surgeries, physical therapy, follow up
- [The Failure of Tort Reform](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/the-failure-of-tort-reform/) - Steve Cohen has an interesting article, On Tort Reform, It's Time To Declare Victory and Withdraw, detailing the failings of tort reform in the medical malpractice context. In his article, Steve outlines some of the things we've learned since tort reform started passing in waves, including in Texas: 1) Tort reform hasn't decreased healthcare costs.
- [Do Self-Driving Cars Need Driver's Ed?](https://civtrial.com/auto-accidentspremises-liability/do-self-driving-cars-need-drivers-ed/) - I've been following the stories of self-driving cars. As a personal injury lawyer who sees the devastation of car wrecks, I'm interested in technology that can help my clients be more safe. On the other hand, knowing all the calculations that go into safe driving --- watching for other cars, pedestrians, bicyclists, animals, and other
- [What Will It Take To Get A State-Wide Ban On Texting While Driving?](https://civtrial.com/auto-accidentsnewsletterpersonal-injury/what-will-it-take-to-get-a-state-wide-ban-on-texting-while-driving/) - Earlier this week, families who have been destroyed by texting while driving wrecks came to Austin to urge state lawmakers to adopt a state-wide texting while driving ban. Unfortunately, they're not alone. Stories like those shared by these families have been repeated over and over and over. There is no dispute that texting while driving
- [Sorry For The Lack Of Updates](https://civtrial.com/blog/sorry-for-the-lack-of-updates/) - I know it's been over a month since I have posted to the site. But as a trial lawyer, I've been busy actually getting ready for trials. You might think that's normal, except it's not. I recently read a study that most lawyers who call themselves litigators have not had more than one jury trial.
- [Teaching Teen Drivers](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/teaching-teen-drivers/) - Articles about teen drivers seem to be in the news (or maybe because I'm teaching my own teen to drive, I'm just noticing the articles more). Regardless, there were two recent articles I saw that probably interest you if you have a teen driver. The first reports on a study that finds that 60% of
- [New Baseball Study Shows Even When Brain Injured People Appear "Normal", They're Not](https://civtrial.com/auto-accidentsnewsletterpersonal-injurysocial/new-baseball-study-shows-even-when-brain-injured-people-appear-normal-theyre-not/) - I recently saw a study that is near and dear to my heart on two subjects --- baseball and concussions. One of the biggest frustrations of people with head injuries is that even though they look normal to their friends and family members, something is off. Now, a new study involving professional baseball players provides
- [Hope After Brain Injury Video](https://civtrial.com/personal-injury/hope-after-brain-injury-video/) - Here's a good video trying to explain some of the things that brain injury victims go through. Unfortunately, too many of my clients go through this.
- [Painful Lessons](https://civtrial.com/auto-accidentsnewsletterpersonal-injury/painful-lessons/) - In our injury cases, we spend a lot of time really trying to understand our clients’ injuries. As I tell clients, it’s one thing to say that an injury causes you pain or causes you to be limited in your daily activities. But it’s another thing entirely to hear anecdotes about your pain or your
- [Campus Rape Crises](https://civtrial.com/personal-injury/campus-rape-crises/) - As the father of a high school girl, the statistics about campus rape and sexual assault rates that scare me to death. But the stories behind the assaults are much more troubling than the mere numbers. This isn't something that I would normally write about here, but it is something that is on my mind
- [What Should I Do After An Injury?](https://civtrial.com/auto-accidentspersonal-injurypremises-liability/what-should-i-do-after-an-injury/) - The most important thing you can do after your injury is to get the medical care that you need. This is important on two grounds. First, it's obviously important for your health. Going to the doctor as soon as possible gives the doctor an opportunity to either provide treatment or to send you to a
- [May I Fire My Texas Personal Injury Lawyer?](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidentswrongful-death/may-i-fire-my-texas-personal-injury-lawyer/) - We frequently get contacted by injured persons wanting to know if they can fire their personal injury lawyer. The short answer is “yes, you can fire your personal injury lawyer even if you’re paying a contingent fee”, but you still may end up paying the first lawyer. Let me explain. Texas contingent fees are governed
- [People Continue To Text And Drive](https://civtrial.com/auto-accidentssocial/people-continue-to-text-and-drive/) - A new texting while driving survey done by AT&T found that 98 percent of motorists who text regularly know the dangers of texting while driving, but 75 percent of them admit texting while driving anyway. That's not surprising, in our practice, we regularly see people who are seriously injured because of people texting while driving.
- [Concussions -- IMPACT Testing For Kids](https://civtrial.com/auto-accidentspersonal-injurysocial/concussions-impact-testing-for-kids/) - My son sustained a concussion last spring while playing baseball. During that process, my son took a test called an IMPACT test to help diagnose the concussion and to help figure out when he had recovered sufficiently to return to normal activities. But our problem was that we didn't have a baseline. The IMPACT test
- [In Texas, No Justice For The Injured](https://civtrial.com/medical-malpracticepersonal-injurysocial/in-texas-no-justice-for-the-injured/) - The folks at Texas Watch have put together this great story on Texas's medical malpractice reform.
- [Motor Vehicle Accidents: Do I have to provide a release of medical information to the insurance company?](https://civtrial.com/auto-accidentsnewsletterpersonal-injury/motor-vehicle-accidents-do-i-have-to-provide-a-release-of-medical-information-to-the-insurance-company/) - We recently received an inquiry asking, "Do I have to provide a release of medical information to the insurance company?" Generally, the answer is "no," but for a more detailed answer, I need to know the type of case. If you're making a claim directly against the driver who caused the wreck, the answer is
- [Head Injuries and Concussions -- From Players' Perspective](https://civtrial.com/auto-accidentsnewsletterpersonal-injurypremises-liabilitysocialworkplace-accidents/head-injuries-and-concussions-from-players-perspective/) - If you know me, you know I'm a huge University of Texas sports fan. Because of that, I'm a huge fan of the Longhorn Network. Usually, the stories just relate to my sports passion, but in light of David Ash's retirement from football due to his repeated concussions, the LHN ran a great piece that
- [VA Misses Mark In Brain Injury Research](https://civtrial.com/blog/va-misses-mark-in-brain-injury-research/) - Over the years, I've had the pleasure of helping a number of clients who have suffered from brain injuries. And as I've written before, I hoped that one small benefit of the wars in Iraq and Afghanistan was that the Veterans Administration and others would use the opportunity to conduct meaningful research on brain injuries
- [Car Wrecks:  Avoiding Road Rage](https://civtrial.com/blog/car-wrecks-avoiding-road-rage/) - My favorite example of Dallas traffic happened several years ago during Texas/OU weekend. We were in college, driving on I35 (no doubt with the radio blaring), and I saw a driver four lanes over start screaming because he thought someone cut him off. But he was screaming so loud that we could hear him, through
- [Austin Bans Use of Hand-Held Cell Phones While Driving](https://civtrial.com/auto/austin-bans-use-of-hand-held-cell-phones-while-driving/) - Yesterday, the Austin City Council adopted a ban on drivers using hand held electronic devices, including cell phones. The ban, to go into effect on January 1, 2015, doe contain exceptions for hands-free devices and for 911 or other emergency calls. You can read more about the ban in this article by KXAN. I have
- [Can I Sue A Day Care For Neglect?](https://civtrial.com/personal-injury/can-i-sue-a-day-care-for-neglect/) - Yes. Texas law allows parents to sue a day care for neglect of a child. Unfortunately, many kids suffer injuries while they are entrusted to care workers at day care. These injuries can occur from neglect, abuse or improper supervision of the children. Your rights and remedies often depend on the exact facts of your
- [Be Aware In Crosswalks](https://civtrial.com/auto/be-aware-in-crosswalks/) - I was really ticked off yesterday. As I was driving home, I was approaching a crosswalk. Normally, there isn't anyone at the crosswalk, but yesterday someone was there waiting to cross (actually, one of my daughter's dance teammates crossing to go to her dance studio). I stopped so that she could cross the street, and
- [Back to School --- Be Safe In School Zones](https://civtrial.com/auto-accidentspersonal-injury/back-to-school-be-safe-in-school-zones/) - For those of us in Austin, today is the first day of the new school year. As always, we need to mindful of school zones, especially the prohibition against cell phone use in school zones. This year, the Austin Police Department is helping remind us, and perhaps not the easy way. I heard a report
- [Don't Let Facebook (or Twitter, or Instagram, or other social media) Ruin Your Personal Injury Claim](https://civtrial.com/auto-accidentspersonal-injury/dont-let-facebook-or-twitter-or-instagram-or-other-social-media-ruin-your-personal-injury-claim/) - An increasing trend in personal injury litigation is for insurance companies and their lawyers trying to gain access to your social networking sites. Sometimes this includes the use of trickery to get access to your information. Once there, they'll take statements or photos entirely out of context to try and argue that you're not
- [NCAA Settles Its Own Concussion Lawsuit](https://civtrial.com/personal-injury/ncaa-settles-its-own-concussion-lawsuit/) - I've written often about the lawsuits between the NFL and former professional football players regarding their concussions. Now, the NCAA is settling (or at least trying to settle) its own lawsuit about sports-related concussions. Under the proposed class action settlement, the NCAA will fund a $70 million pool of money to pay for former college
- [How Do I Settle A Claim With An Insurance Company Amicably?](https://civtrial.com/auto-accidentspersonal-injury/how-do-i-settle-a-claim-with-an-insurance-company-amicably/) - This is another question I recently received. A person was injured in a car wreck, they submitted a demand letter, and tried to negotiate, but the insurance company was stonewalling them. What are they supposed to do? There isn't a good answer for someone in this situation. Insurance companies may engage in stonewalling tactics that
- [Will Austin Ban Use of Cell Phones While Driving?](https://civtrial.com/auto-accidentspersonal-injury/will-austin-ban-use-of-cell-phones-while-driving/) - A lot of momentum seems to be developing for the idea that Austin will ban drivers from using hand-held devices while driving. In February, the Austin City Council appointed a Distracted Driving Study Group to look at the problem of distracted driving. On Monday, the study group released a memo recommending that the city council
- [I Waited Two Months To Go To The Doctor.  Do I Still Have A Case?](https://civtrial.com/personal-injury/i-waited-two-months-to-go-to-the-doctor-do-i-still-have-a-case/) - I received this question the other day, and I thought others might be interested in the answer as well. The short answer is "yes." Just because you didn't immediately go to the doctor does not mean that you were not hurt and that you don't have a case. But those types of delay do make
- [How Long Will My Personal Injury Case Take?](https://civtrial.com/personal-injury/how-long-will-my-personal-injury-case-take/) - This is a common question we hear, and it's hard to give a great answer because the potential span is so large depending on a number of factors. For instance, we might resolve some cases within a few months of opening the case, and we might resolve some several years after opening the case. But
- [I was hit by a drunk driver.  Does that affect the value of my case?](https://civtrial.com/auto-accidentspersonal-injury/i-was-hit-by-a-drunk-driver-does-that-affect-the-value-of-my-case/) - This is a question that I've received a few times. And the answer is, "Being hit by a drunk driver should increase the value of your case, but it doesn't always." What do I mean? Obviously, if the jury knows that you were hit by a drunk driver, they would get mad at the drunk
- [I fell in a parking lot because of broken pavement/sidewalk. Can I sue?](https://civtrial.com/personal-injurypremises-liability/i-fell-in-a-parking-lot-because-of-broken-pavementsidewalk-can-i-sue/) - This question was posed to me recently, and the short answer is "yes." This is called a premises liability case. In Texas, a customer can prevail in a premises liability case against a business if the customer can prove several things: (1) that the condition (here the broken pavement or sidewalk) posed an unreasonable risk
- [Is Your Insurance Company Paying Fairly?](https://civtrial.com/auto-accidentspersonal-injury/is-your-insurance-company-paying-fairly/) - Last week, local news station KXAN ran a great story on the problems that consumers encounter trying to get insurance companies to pay their claims. Unfortunately, I see this on a daily basis. When you're hurt or injured, insurance companies seem to employ the old deny, defend and delay tactics to try and minimize what
- [Amusement Park Safety](https://civtrial.com/blog/amusement-park-safety/) - Earlier this week, several people were injured in a roller coaster accident at Six Flags in Valencia, California. Apparently, a tree fell on the track, injuring two people and causing a number of others to be stranded for hours. That's tragic. Amusement park injuries occur more than we think, and they are often severe. But
- [Get Ready To File Your Chrysler Ignition Switch Claims](https://civtrial.com/blog/get-ready-to-file-your-chrysler-ignition-switch-claims/) - As you probably know, Chrysler admitted earlier this year that just over 2.5 million of its vehicles had defective ignition switches. The switches were faulted in at least 165 deaths and countless more serious injuries. In an effort to control litigation costs, Chrysler has set up a claim process that will serve as an alternative
- [Auto Insurance Isn't All The Same](https://civtrial.com/auto/auto-insurance-isnt-all-the-same/) - There's an insurance company currently running television ads here in Austin (and I assume elsewhere) encouraging you to use them because "all insurance is the same" so use them and avoid the middle man. That's basically fraud. All auto insurance isn't the same. There are different coverages to buy, different deductibles to consider, and a
- [The Vulnerably Housed and Homeless Suffer Increased Risk of TBI](https://civtrial.com/bloggeneral/the-vulnerably-housed-and-homeless-suffer-increased-risk-of-tbi/) - Typically, traumatic brain injury (TBI) coverage focuses on those involved in contact sports and on military veterans. However, TBI also seriously affects vulnerably housed individuals and the homeless. The Journal of Head Trauma Rehabilitation recently featured a study arguing that the homeless who suffer TBI have a strong, negative impact on public expenses. Homeless and unsafely
- [Brain Injuries:  Invisible Injury](https://civtrial.com/personal-injury/brain-injuries-invisible-injury/) - CBS Boston ran a story about one of the Boston Marathon survivors. Titled "Marathon Bombing Survivor Struggles With ‘Invisible Injury’," it describes what many of our brain injured clients have to deal with. If you or a loved one has suffered from a concussion or other brain injury, it's worth a watch:
- [National Safe Boating Week: Choosing The Right Life Jacket](https://civtrial.com/personal-injury/national-safe-boating-week-choosing-the-right-life-jacket/) - It's not enough to have the life jacket. You need to make sure you have the right life jacket for your size, your activities, and the water conditions you might be encountering. The Safe Boating Council has these guidelines: Try It On Check the manufacturer’s ratings for your size and weight. Make sure the life
- [National Safe Boating Week: The Statistics](https://civtrial.com/personal-injury/national-safe-boating-week-the-statistics/) - Why is Safe Boating Week important? Here are the statistics from the Safe Boating Council. All figures are from the U.S. Coast Guard’s 2012 Recreational Boating Safety Statistics, the latest official record of reported recreational boating accidents. The full report is available online at: www.USCGBoating.org/statistics/accident_statistics.aspx. Drowning was reported as the cause of death in almost
- [Texas oil workers have a high accident and death rate](https://civtrial.com/blog/texas-oil-workers-have-a-high-accident-and-death-rate/) - Although the BP oil spill in the Gulf of Mexico was horrific for platform workers, and those who lost loved ones, riggers on land are at an even greater risk, without much of a support system for them. According to a recent drilling article in the Houston Chronicle, workers have no one to rely on
- [National Safe Boating Week:  Wear Your Life Jacket](https://civtrial.com/personal-injury/national-safe-boating-week-wear-your-lifejacket/) - I'm going to talk about statistics later in the week, but I wanted to start with the most important safety advice for boating: WEAR YOUR LIFE JACKET. U.S. Coast Guard statistics show that drowning was the reported cause of death in almost three-fourths of recreational boating fatalities in 2012 and that 85 percent of those
- [First Summer Drowning Of The Year?](https://civtrial.com/personal-injury/first-summer-drowning-of-the-year/) - I'm in the process of getting organized to help teach a bunch of Boy Scouts about water safety for their swimming merit badge class. And it appears that the lessons are as important as ever. It's not even mid-May yet, and Austin has apparently had its first summer drowning. Earlier this week a 28 year
- [Great News!  Number of High School Athletes With Concussions Doubles](https://civtrial.com/auto-accidentspersonal-injury/great-news-number-of-high-school-athletes-with-concussions-double/) - Concussions are on the rise. New research published in the Journal of Sports Medicine finds that the number of high school athletes who have suffered a concussion has doubled between 2005 to 2012. This is great news! Why? Researchers think the reality is that the number of concussions is the same, but we're becoming much
- [Oil Boom Related Trucking Deaths Continue](https://civtrial.com/auto-accidentspersonal-injury/oil-boom-related-trucking-deaths-continue/) - I've been writing for almost two years about the driving dangers created by the Texas oil boom, especially those dangers in the Eagle Ford Shale region. A new article about the increase of road deaths from the energy boom has me thinking about it again. In the article, the Karnes County Sheriff noted that historically,
- [Wrongful Death Lawsuit Results in Large Settlement out of Court, Due to Employer Negligence](https://civtrial.com/blog/wrongful-death-lawsuit-results-in-large-settlement-out-of-court-due-to-employer-negligence/) - Although this workplace lawsuit happened in Philadelphia, it could just as easily happen in Austin, Texas, the state with the highest number of on-the-job injuries and deaths. This was a wrongful-death lawsuit that arose after the death of a Philadelphia man while on a jobsite. The $17 million settlement involved the wife of the deceased
- [Austin Police Chief Recognizes Austin's Drunk Driving Problem](https://civtrial.com/auto-accidentspersonal-injury/austin-police-chief-recognizes-austins-drunk-driving-problem/) - Austin has had a rash of drunk driving injuries in the last several months, including the huge SXSW wreck. After Kelly Noel, a local popular blogger, was killed by a drunk driver this weekend, Austin Police Chief Art Acevedo is calling for a summit on drunk driving issues. The article noted that fifty-five percent of
- [Austin Accidents on the Rise Due to Construction and Inattention to Speed Limits](https://civtrial.com/blog/austin-accidents-on-the-rise-due-to-construction-and-inattention-to-speed-limits/) - Austin is a busy city, rapidly expanding to greet new people. As the population grows, the number of traffic accidents increases. The increasing number of accidents in Austin is related to the number of construction sites now actively expanding various highways, such as the project to add an express lane on MoPac. Ever since construction
- [Where Are Most Of Austin's Bicycle Wrecks?](https://civtrial.com/auto-accidentspersonal-injury/where-are-most-of-austins-bicycle-wrecks/) - The folks at the Massachusetts Institute of Technology Media Lab have used all that MIT brainpower to put together an interactive map showing Austin's bike wrecks. Using data from the Texas Department of Transportation, they've mapped over 1,400 wrecks to come up with this map. Not only does the map show the location for the
- [Insure.com's Rating of Best Auto Insurance Companies](https://civtrial.com/auto-accidentspersonal-injury/insure-coms-rating-of-best-auto-insurance-companies/) - This week, Insure.com, the self-proclaimed independent consumer insurance website, released its list of Best Insurance Companies based on customer satisfaction rankings. The company surveyed 3,835 customers of 15 large insurers in auto, home, and health insurance, and 14 in life insurance. The survey asked about: customer service claims satisfaction value for price paid percent who
- [New Research Combats Linear and Rotational Forces with Contact Athletic Helmets](https://civtrial.com/blog/new-research-combats-linear-and-rotational-forces-with-contact-athletic-helmets/) - Hits to the head can cause traumatic brain injuries (TBI). Such hits are extremely common in many contact sports, including football, placing the risks involved in play under close scrutiny in recent years. Not many think about the consequences of head injuries on the field. Many are more interested in who was tackled and what
- [Another Dog Attack](https://civtrial.com/personal-injury/another-dog-attack/) - Today, there was another horrific dog bite attack. This time, the dog attack happened in League City, when Chelsi Camp and her two year old daughter were attacked by a pit bull owned by Ms. Camp's boyfriend. This is another reminder that these types of cases are terrible. The injuries are often severe, and these
- [Wrongful Death Lawsuit Alleges That Police Shot Handcuffed Suspect in Chest](https://civtrial.com/blog/wrongful-death-lawsuit-alleges-that-police-shot-handcuffed-suspect-in-chest/) - Allegedly, Brooklyn police shot and killed a handcuffed man in August 2013. A grand jury has declined to file charges against the police officer who allegedly shot the man, but his mother has now filed a wrongful death lawsuit. At the time the 24-year-old man was shot, he was wanted by police for kidnapping. The
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE NINE: Blindly Renewing Your Policy](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-nine-blindly-renewing-your-policy/) - Face it. Most people are lazy. When it comes time to renew our auto insurance, most of us simply buy the same coverage we had last year. That's a mistake. Situations change, and you need to take that into account when renewing your insurance each year. Your finances may be in a little better shape
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance  MISTAKE EIGHT: Thinking That You Are "Fully Covered"](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-eight-thinking-that-you-are-fully-covered/) - I often ask clients who have been victims of car wrecks what type of coverage they have. Most respond that they are "fully covered." What does that mean? Too often, people who tell me that they are "fully covered" aren't fully covered. They usually only have the minimum liability limits required by law. But they
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance  MISTAKE SEVEN: Lying To Your Insurance Company](https://civtrial.com/auto/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-seven-lying-to-your-insurance-company/) - When you fill out your insurance application, you're asked to provide a lot of information to your company. You may be asked about your driving history, how many miles you drive per month or year, your home address, where you park your car overnight, and more. Studies show that a significant number of people provide
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE SIX: Not Looking For Discounts](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-six-not-looking-for-discounts/) - If you’ve read the other mistakes, you know I think people spend too much time looking at price when deciding what insurance to buy. But I don’t think people spend enough time looking for discounts. Once you have narrowed your search of insurers down to two or three respectable companies, do your homework to consider
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE FIVE: Picking The Wrong Insurance Company](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-five-picking-the-wrong-insurance-company/) - If you pick the wrong insurance company, you increase the likelihood that you’ll end up fighting them if you ever need to make a claim. Similarly, if you cause an accident and hurt someone, having the wrong insurance company could increase the likelihood that you end up being sued. Too many people end up with
- [Negligence on Texas Worksite Leads to Severe Leg Injury](https://civtrial.com/blog/negligence-on-texas-worksite-leads-to-severe-leg-injury/) - Those who let their attention slip on the jobv may inadvertently contribute to serious injuries or deaths. Texas worksites are active accidents looking for a place to happen. Workers could easily suffer serious injuries if their coworkers are not following proper safety protocol. All it takes is a moment of inattention. Edward Acclis, Jr. is
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE FOUR: Looking Solely To Price And Not  Knowing What You Are Buying](https://civtrial.com/auto-accidentsblog/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-four-looking-solely-to-price-and-not-knowing-what-you-are-buying/) - You see or hear many insurance companies saying that you can save money simply by switching insurance coverages. But prospective buyers shouldn’t just look at the price. Usually, the price is lower because you’re not comparing the same products. The new insurance company may be offering lower limits, not selling you the same coverages, or
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE THREE: Getting Burned By "Excluded Drivers"](https://civtrial.com/auto/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-three-getting-burned-by-excluded-drivers/) - Generally, when you buy auto insurance, the policy will cover you, your family, or anyone else who has permission to drive your vehicle. Thus, if you or your child or your best friend are driving and cause a wreck, the insurance will protect all of you. This is a big benefit. You never know when
- [Catholic Church Faces Wrongful Death Lawsuit in Drug Overdose Case](https://civtrial.com/wrongful-death/catholic-church-faces-wrongful-death-lawsuit-in-drug-overdose-case/) - The family of a drug overdose victim has filed a wrongful death lawsuit against an archdiocese of the Catholic Church. Wrongful death lawsuit legislation differs from state to state, but the basis of that legislation is the same no matter where the suit is filed. While the details of this case are particularly relevant to
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE TWO: Not Protecting You and Your Family](https://civtrial.com/auto-accidentsblog/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-two-not-protecting-you-and-your-family/) - Many people who purchase insurance only purchase the liability insurance required by law. As a result, you spend a lot of money on this insurance protecting other people. But you are making a mistake if you’re not protecting your family through the purchase uninsured/underinsured motorist coverage and personal injury protection insurance. On an almost monthly
- [Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE ONE: Purchasing Minimum Insurance](https://civtrial.com/auto-accidentsblog/auto-accidents-top-9-mistakes-when-buying-your-auto-insurance-mistake-one-purchasing-minimum-insurance/) - Most people think they only need to purchase the minimum insurance required by Texas law. This is a huge mistake. Generally, the more assets you have, the higher insurance you should purchase to make sure you’re protecting you and your assets. But most people should consider purchasing significantly more than the minimum limits. For property
- [Auto Accidents: Understanding Texas Auto Insurance: MEDICAL PAYMENTS COVERAGE](https://civtrial.com/auto/auto-accidents-understanding-texas-auto-insurance-medical-payments-coverage/) - Medical payments, or MedPay, is similar to PIP. However, MedPay only pays for medical expenses (and not lost earnings). The other significant difference is that MedPay does have a subrogation interest. If you’re in a wreck and make a recovery against another party who caused the wreck, then you would have to reimburse your insurance
- [Auto Accidents: Understanding Texas Auto Insurance ---- PROPERTY DAMAGE INSURANCE](https://civtrial.com/auto/auto-accidents-understanding-texas-auto-insurance-property-damage-insurance/) - As part of your automobile policy, you will also have the option to purchase insurance that protects your vehicle if it is damaged. This coverage isn't required by law, but if you have a loan on your vehicle, then most lenders will require this insurance. COLLISION. Collision insurance pays for the cost of repairing or
- [Auto Accidents: Understanding Texas Auto Insurance ---- LIABILITY INSURANCE](https://civtrial.com/auto/auto-accidents-understanding-texas-auto-insurance-liability-insurance/) - Liability insurance is the insurance that you buy to protect you when you cause harm to someone else. Texas law requires that all drivers must have liability insurance. There are generally two types of liability insurance on Texas auto policies. BODILY INJURY LIABILITY. The first type of liability insurance is bodily injury liability. This coverage
- [Auto Accidents: Understanding Texas Auto Insurance](https://civtrial.com/auto/auto-accidents-understanding-texas-auto-insurance/) - I am tired of clients and potential clients being taken advantage of by some insurance companies. Over the next few weeks, I'm going to have a series of posts on "Understanding Texas Auto Insurance" and then a follow-up series on "Popular Mistakes When Purchasing Texas Auto Insurance." I hope that you find the series helpful.
- [Sudden Conflagration of Car Results in Wrongful Death of Texas Woman](https://civtrial.com/blog/sudden-conflagration-of-car-results-in-wrongful-death-of-texas-woman/) - Two families filed a wrongful death lawsuit against Mitsubishi, Smylie Unlimited and Meineke Car Care Centers after a woman burned to death in a car that suddenly went up in flames. Jessica Fertitta was leaving her grandparent’s home early in the morning and stopped at an intersection about a half block from their home. Suddenly,
- [Wrongful Death Lawsuit Involving Dimethylamylamine (DMAA or Jack3d) Moves to El Paso, Texas](https://civtrial.com/blog/wrongful-death-lawsuit-involving-dimethylamylamine-dmaa-or-jack3d-moves-to-el-paso-texas/) - The wrongful death trial for a 22-year-old solider has been moved from California to Texas, closer to the lab that produces a supplement at the center of a storm of controversy. The producers and distributors of a non-prescription supplement known as “Jack3d” (also referred to as DMAA or dimethylamylamine) have been implicated in a wrongful
- [Holiday Safety Tips](https://civtrial.com/blog/holiday-safety-tips/) - Today, I received an email from the Dallas District Attorney (I don't know how I ended up on his mailing list), setting out some holiday safety tips. They sounded like good tips so I thought I'd pass them on to you. Do not announce publicly on social media that you're about to go on
- [Derek Boogaard’s wrongful death lawsuit may open a big can of litigational worms](https://civtrial.com/blog/derek-boogaards-wrongful-death-lawsuit-may-open-a-big-can-of-litigational-worms/) - More than 4,500 sports figures suffering from traumatic brain injuries each get a small portion of the $756 million paid out by the National Football League (NFL). The settlement keeps relevant documentation out of court. The NFL was mostly known for the caliber of its players. Now, it is known for hiding the risks of
- [New research shows linkages between PTSD, dementia and Alzheimer’s](https://civtrial.com/blog/new-research-shows-linkages-between-ptsd-dementia-and-alzheimers/) - If recent research proves to be accurate, there is a connection between traumatic brain injury (TBI), dementia and post-traumatic stress disorder (PTSD). In most cases, dementia is typically linked to a degenerative brain disease. That presumption may be about to be challenged by a U.S. psychiatrist who has discovered a connection between dementia, TBI and
- [Halloween Safety Tips](https://civtrial.com/blog/halloween-safety-tips/) - Halloween is a big celebration for my family. The kids get dressed up, the cousins and aunts and uncles come over, and we all head out to go trick-or-treating. But the fun of Halloween also brings increased risks. This year, follow these Halloween safety tips to protect your kids. Go with your kids. I know,
- [ADHD adversely affects driver’s reactions](https://civtrial.com/blog/adhd-adversely-affects-drivers-reactions/) - Many know that texting while driving affects a driver’s reaction time. Few think about how attention deficit hyperactivity disorder (ADHD) affects drivers. People are generally aware of the developmental disorder ADHD. They know it can make some individuals restless or hyperactive and typically includes a short attention span. In many situations, this can run from
- [Brett Favre's Admissions Shed Light On Traumatic Brain Injuries](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/brett-favres-admissions-shed-light-on-traumatic-brain-injuries/) - In an interview this week, retired NFL quarterback (and all around tough guy) Brett Favre discussed memory loss issues he's been having since retirement. Favre attributes these issues to potential brain injuries he suffered as a player. Favre isn't alone in these types of symptoms. We've had the pleasure of representing a number of clients
- [NY Times Addresses The McDonald's Hot Coffee Case](https://civtrial.com/blog/ny-times-addresses-the-mcdonalds-hot-coffee-case/) - One of the biggest issues facing injured victims is the public perception of claimants left over from the McDonald's Hot Coffee case. The case has been the poster-case for lawsuit abuse, etc. Those of us involved in the system have always known the truth: -- that Ms. Liebeck had third degree burns on her legs
- [Checking a player for concussion may not be enough](https://civtrial.com/blog/checking-a-player-for-concussion-may-not-be-enough/) - A 30-year-old football player died as a result of complications associated with degenerative brain disease. When the nation first became aware of the issues surrounding traumatic brain injury, it was noted that is seemed to be confined to older players who had seen their fair share of bone crunching scrimmages during their career. Then, younger
- [Kids Safety: Kids and Sports - How much is too much?](https://civtrial.com/blog/kids-safety-kids-and-sports-how-much-is-too-much/) - This morning's Austin American Statesman ran a great story entitled Kids and Sports: How much is too much? The premise of the article, which was written by a Dallas doctor, is that kids and parents' increasing focus on some sports is dangerous for our kids. There are a number of issues. Kids now are much
- [Routine maintenance on a Houston jobsite sends five to hospital](https://civtrial.com/blog/routine-maintenance-on-a-houston-jobsite-sends-five-to-hospital/) - It was a routine day on the job for CenterPoint Energy workers doing maintenance work when an electrical fire broke out. Five Houston workers were seriously harmed in an on-the-job accident involving a fire caused by an electrical malfunction. Eyewitness reported that they witnessed an electrical arc which caused a flash fire while five utility
- [Auto Accidents:  Another Form Of Distracted Driving --- Daydreaming](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-another-form-of-distracted-driving-daydreaming/) - A Friday report in Popular Mechanics reported on the dangers of daydreaming while driving. The report is based on the Erie Insurance Group's study of the National Highway Traffic Safety Administration's database of traffic fatalities. That study concludes that 62 percent of the traffic fatalities in the US over the last two years have been
- [Car Wrecks: Distracted Driving Comes In Many Forms - Even Pizza](https://civtrial.com/auto-accidentspersonal-injury/car-wrecks-distracted-driving-comes-in-many-forms-even-pizza/) - I hear a lot of stories about distractions that cause people to have wrecks, but this was a new one for me. Last week, Detroit Lions wide receiver Nate Burleson leaned over to try and and adjust one of the pizza boxes falling off the seat off his SUV. Unfortunately, when leaning over, he veered
- [PERSONAL INJURY: Make The Most Of Your Doctor's Appointments](https://civtrial.com/auto-accidentsmedical-malpracticepersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/personal-injury-make-the-most-of-your-doctors-appointments/) - For whatever reason, people get intimidated when going to doctor’s offices and they forget to tell their doctors about all of their issues, they’re unwilling to ask follow-up questions, or they’re flustered and forget what the doctor says. This is a threat to your health, but if you’re a personal injury victim, it also has
- [Two Massachusetts hospitals may co-opt TBI patients into a study without their permission](https://civtrial.com/blog/two-massachusetts-hospitals-may-co-opt-tbi-patients-into-a-study-without-their-permission/) - Traumatic brain injury (TBI) patients in Massachusetts may end up participating in a study without giving their permission. While the question of informed consent is a huge one when being admitted to hospital and having procedures, tests and diagnostics run, being enrolled in a medical study without consent may cross a legal line. If negligence
- [Car Wrecks: Could You Be Liable For Sending A Text To A Driver?](https://civtrial.com/auto-accidentspersonal-injury/car-wrecks-could-you-be-liable-for-sending-a-text-to-a-driver/) - It’s no secret that texting while driving is dangerous. We’ve probably all seen the driver who can’t stay in his lane or who is driving dangerously slow all so the driver can text while driving. But it’s dangerous. It’s so dangerous that study after study finds that it’s significantly more dangerous than even driving while
- [Car Wrecks:  Take Care With Car Seats](https://civtrial.com/auto-accidentspersonal-injury/car-wrecks-take-care-with-car-seats/) - A big part of our summer has been the addition of a new nephew. In August, my youngest brother had his first child, an adorable baby boy. As we were sitting at the hospital, I was thinking back to my daughter’s birth. As young, inexperienced parents, we were trying to make sure that we did
- [Is Football Season Also Concussion And Lawsuit Season?](https://civtrial.com/blog/is-football-season-also-concussion-and-lawsuit-season/) - We're fired up in Texas. It's finally game-week for the start of college and high school football. At my house, we're making lists of things we need for our beginning of the season barbecue, finalizing our tailgate plans, and starting to hydrate (with a 100 degree temps at kickoff and with our seats being in
- [Texas gas tanker and SUV collide, incinerating five victims](https://civtrial.com/blog/texas-gas-tanker-and-suv-collide-incinerating-five-victims/) - This accident scene looked like a towering inferno had swept though, leveling everything in sight. The collision happened at the intersection of two rural roads. An SUV and a gas tanker collided in a ball of flames, scorching the earth around the two vehicles. None of the five teens in the SUV lived to see
- [Back To School Safety Reminders](https://civtrial.com/auto/back-to-school-safety-reminders/) - Today is the start of school for most of our Central Texas schools. Remember to stay safe in your local communities and in school zones. In Austin, the Austin Police Department will engage in a Back To School traffic safety initiative through Sept. 6th. You'll see more officers patrolling school zones and looking for drivers
- [Fake doctor sued in wrongful death of 5-year-old](https://civtrial.com/blog/fake-doctor-sued-in-wrongful-death-of-5-year-old/) - Strange things can happen, but this wrongful death case borders on the bizarre. A man who never obtained a medical degree or even a license was discovered to have worked at numerous New York hospitals. He was only outed when a five-year-old patient died after he had been seen by the fake doctor. According to
- [Swimming Pool Drain Dangers](https://civtrial.com/personal-injury/swimming-pool-drain-dangers/) - Earlier this week, the oldest son of Usher, a popular music star, was rushed to the hospital following an accident in their pool. The five year old was playing in the pool when he dove down to remove a toy from the pool's drain, and the child's arm became stuck in the drain. Fortunately, two
- [Austin Among 10 Worst Cities For Traffic](https://civtrial.com/auto/austin-among-10-worst-cities-for-traffic/) - I just saw a story from Yahoo talking about the 10 US cities with the worst traffic, and Austin comes in at number 4 (ahead of even New York City). The story details what all of us know. For more than a decade, Austin has been among the fastest growing cities in the country, but
- [Are warning signs on treacherous roads enough to prevent auto accidents?](https://civtrial.com/blog/are-warning-signs-on-treacherous-roads-enough-to-prevent-auto-accidents/) - Do warning signs constitute sufficient notice of dangerous conditions for drivers? We all see warning signs on the road every day, but do not always pay attention to what they mean. In fact, some ignore them completely ---- until there is a nasty accident. Consider the case of four teens who slammed into a tree
- [Parents do not understand risks children are exposed to playing contact sports](https://civtrial.com/blog/parents-do-not-understand-risks-children-are-exposed-to-playing-contact-sports/) - Playing contact sports carries the risk of long-term brain damage. It only takes a minor concussion to affect the brain. Reading the sports section of the paper is depressingly dismal, as lately it contains stories about well-known and respected athletes who are suffering from traumatic brain injury or have taken their own lives as a
- [Parking Lot Dangers --- Van Backs Over Child And Mother](https://civtrial.com/auto-accidentspersonal-injury/parking-lot-dangers-van-backs-over-child-and-mother/) - One of my least favorite places to have my kids is a parking lot. Pedestrians in parking lots are vulnerable. Cars are coming and going, and often approaching pedestrians from behind. Parked vehicles are backing out of spots. Drivers are racing to find that one free spot or racing to get out of the chaos
- [Austin Pedestrian/Bicyclist Deaths Continue At A Rapid Pace](https://civtrial.com/auto/austin-pedestrianbicyclist-deaths-continue-at-a-rapid-pace/) - Yesterday's Austin American Statesman reported that Austin is on a record pace for pedestrian and bicyclist deaths. So far, 16 pedestrians and 1 bicyclist have lost their life to wrecks. In 2012, the current record year, 26 pedestrians and 3 bicyclists were killed. The best quote of the story was from Lt. Troy Officer, who
- [Texas Fertilizer Plant Had an Exemption Regarding Workplace Inspections](https://civtrial.com/blog/texas-fertilizer-plant-had-an-exemption-regarding-workplace-inspections/) - It remains to be seen how many lawsuits will be filed as a result of the West Chemical and Fertilizer explosion. The day of the explosion, at least 14 people lost their lives, and part of a small Texas town was obliterated. From media reports to date, it appears the plant's owners were relying on
- [REPUBLIC OF TEXAS (ROT) RALLY WEEKEND --- LOOK OUT FOR MOTORCYLES](https://civtrial.com/auto-accidentspersonal-injury/republic-of-texas-rot-rally-weekend-look-out-for-motorcyles/) - This weekend, Austin is hosting one of the largest motorcycle rallies in the world. Unfortunately, the last several ROT Rallies have resulted in too many fatalities, about three per year if I was guessing. As is our tradition, I'm again posting our safety tips to help prevent motorcycle injuries. As they use to say in
- [](https://civtrial.com/blog/3203/) - There are some relations that are not entitled to wrongful death settlement monies. An ex-wife may fall into that category. A recent case in West Virginia resulted in a decision by the West Virginia Supreme Court that the ex-wife of a man who lost his life in a motorcycle accident was not entitled to any
- [Big rigs and medical marijuana are not a good mix](https://civtrial.com/blog/big-rigs-and-medical-marijuana-are-not-a-good-mix/) - Driving a big rig and smoking marijuana is not only not smart, it can be deadly. The Department of Transportation (DOT) recently issued a notice that stated emphatically that federal law prohibits the use of marijuana by truckers and that the prohibition also applies in states that allow people to use it for recreational purposes.
- [Veterans At Higher Risk For Motor Vehicle Crashes](https://civtrial.com/auto-accidentspersonal-injury/veterans-at-higher-risk-for-motor-vehicle-crashes/) - In an odd phenomenon, recent studies have shown that veterans of Iraq and Afghanistan are at a much higher risk for car wrecks than the general population. The studies have found: Veterans of Iraq and Afghanistan have a 75 percent higher rate of fatal motor vehicle accidents than do civilians (with a large portion of
- [Employers must provide a safe workplace for employees](https://civtrial.com/personal-injury/employers-must-provide-a-safe-workplace-for-employees/) - Safety in the workplace is a serious issue. Companies that violate the law face penalties and/or lawsuits. The Occupational Safety and Health Administration (OSHA) is deadly serious about safety in the workplace. And despite what companies may think, they do inspect and keep track of whether or not there is compliance after an inspection. In
- [Brain Injury Basics:  What Is Cognitive Rehab?](https://civtrial.com/auto-accidentspremises-liabilitytrucking-accidentsworkplace-accidents/brain-injury-basics-what-is-cognitive-rehab/) - Cognitive problems are the most common lingering symptoms of those who have made a good recovery from a traumatic brain injury. Fortunately, cognitive rehabilitation can at least help reduce some of these problems. Cognitive rehabilitation is training for the brain and for the victim of a brain injury. Depending on the extent of your brain
- [Gas station lies about selling booze and jury returns 15 million dollar verdict in wrongful death case](https://civtrial.com/blog/gas-station-lies-about-selling-booze-and-jury-returns-15-million-dollar-verdict-in-wrongful-death-case/) - Sometimes it is the little things in life that, once discovered, change the outcome of a trial. This particular case took seven years to finally offer the family some sense of closure over the death of their 13-year-old son. The young boy was killed in a car wreck, as the drunken driver of the vehicle
- [Brain Injury Basics: Neuropsychological Testing](https://civtrial.com/auto-accidentsblogpersonal-injury/brain-injury-basics-neuropsychological-testing/) - If you have suffered a brain injury, you might be referred to a neuropsychologist, who will often recommend neuropsychological testing. A neuropsychologist is a psychiatrist with a specialty in the science of brain-behavior relationships. In other words, they deal with how brain function affects your behavior. The neuropsychologist uses a number of methods, including neuropsychological testing,
- [Tragic Texting While Driving Story](https://civtrial.com/auto-accidentspersonal-injury/tragic-texting-while-driving-story/) - In an effort to reduce texting while driving deaths, a mother and father are releasing photos of the text message their son was typing at the time he lost control of his car and died. Watch this tragic story from the Today Show. Visit NBCNews.com for breaking news, world news, and news about the economy
- [Construction Injuries:  Construction Industry Booming, But It's Often Costly For Workers](https://civtrial.com/personal-injuryworkplace-accidents/construction-injuries-construction-industry-booming-but-its-often-costly-for-workers/) - As the Texas economy booms, so does the construction industry. But recently, that's coming at a high cost to workers. Recently, the University of Texas and the Worker's Defense Project released a study showing the costs --- primarily in on-the-job injuries and wage theft --- to workers. An NPR story describing the report notes in
- [Should Facebook be used during a wrongful death trial?](https://civtrial.com/blog/should-facebook-be-used-during-a-wrongful-death-trial/) - Is using Facebook during a wrongful death trial an ethics issue or a legal issue? This is one of those cases that make waves --- not so much for the case itself, but for the presence of and use of social media during a trial by the jury foreman. The case itself related to the
- [Brain Injury Basics: Brain Injuries In Children](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/brain-injury-basics-brain-injuries-in-children/) - Brain injuries are devastating in children. Today, traumatic brain injuries remain the leading cause of both death in children. For those children lucky enough to survive, an early brain injury can have life-long consequences. Brain injuries often affect a child's ability to learn even years after the injury. Young victims are particularly vulnerable because most
- [Brain Injury Basics: Causes of Brain Injuries](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/brain-injury-basics-causes-of-brain-injuries/) - A common argument that we hear from insurance companies is that our client's brain injury couldn't have been caused by the accident because the client's head didn't hit anything. That is a fallacy. It is true that most head injuries are caused by a trauma to the head. For example, in a car wreck, the victim's
- [Brain Injury Basics: Symptoms of Brain Injuries](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/brain-injury-basics-symptoms-of-brain-injuries/) - If you think you or a loved one has sustained a head injury, it's critical to know potential symptoms of brain injuries. Knowing the symptoms can help you understand when a brain injury is possible so that you know to speak to your doctor about it. A 2003 Centers For Disease Control report to Congress
- [Brain Injury Basics -- New Series](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/brain-injury-basics-new-series/) - Over the years, we've been fortunate to help a number of clients who have suffered brain injuries in various types of accidents. After speaking to some recent clients, one of their biggest frustrations is that it's difficult to find easy to understand information about brain injuries, brain injury treatment, and brain injury prognosis. As a
- [A Tale Of (Alleged) Lawyer Over-Billing](https://civtrial.com/blog/a-tale-of-alleged-lawyer-over-billing/) - A recent lawsuit between a law firm and its client has revealed an insight into alleged over-billing by the firm. The firm, DLA Piper, sued energy industry executive Adam Victor for $675,000 in unpaid legal fees. Mr. Victor counter-claimed, accusing the firm of fraudulent over-billing. During the course of discovery, the firm was required to
- [Personal Injury News:  Help Stop Ambulance Chasing](https://civtrial.com/personal-injury/personal-injury-news-help-stop-ambulance-chasing/) - It's no secret that those of us who are personal injury lawyers have a bad name. And one of the biggest reasons is the ridiculous and illegal tactics that many lawyers go through to solicit clients. In Texas, it is illegal for lawyers or those working on the lawyers' behalf to make initial contact with
- [Junior Seau had chronic traumatic encephalopathy](https://civtrial.com/personal-injury/junior-seau-had-chronic-traumatic-encephalopathy/) - It was not surprising to learn that Junior Seau had chronic traumatic encephalopathy. Seau took his own life in May 2012 and shocked a nation already reeling over other similar sports deaths. He was a former National Football League (NFL) linebacker, who took punishing blows to the head during game play. It is not unusual
- [Texas employers must report workplace injuries and illness](https://civtrial.com/workplace-accidents/texas-employers-must-report-workplace-injuries-and-illness/) - If you work in Texas, it is the law that employers report all injuries and illnesses. If you have been injured on the job in Texas, or become ill as a result of conditions in your workplace, your employer is obligated to file an OSHA 300 Log. The log must offer a complete picture of
- [Auto Accidents:  Deaths Of Teen Drivers Jumped In Early 2012](https://civtrial.com/auto/auto-accidents-deaths-of-teen-drivers-jumped-early-in-2012/) - This week, the Governor's Highway Safety Association released a new car wreck report finding that the number 16- and 17- year old driver deaths increased 19% in the first six months of 2012 compared with 2011. This is an alarming trend. After a decade where we saw the fatality rate decrease significantly, this rapid increase
- [What?  One Texas Town Will Impose A "Crash Tax" On Car Wreck Victims](https://civtrial.com/auto-accidentspersonal-injury/what-one-texas-town-will-impose-a-crash-tax-on-car-wreck-victims/) - I have heard of a number of absurd ideas, but this may take the case. Starting today, Missouri City, Texas will start charging drivers extra to respond to wrecks. Drivers involved in a wreck will be charged up to $2,000.00 for first responders, even if those involved in the wreck didn't call for help. Missouri
- [Texas On-The-Job Injury:  How Does Worker's Compensation Insurance Affect My Claim?](https://civtrial.com/workplace-accidents/texas-on-the-job-injury-how-does-workers-compensation-insurance-affect-my-claim/) - When you are injured on the job, one of the big issues affecting your case will be whether your employer has worker's compensation insurance. There are several issues that you need to look at to see how any worker's compensation insurance will affect your claim. 1. Does your employer have true worker's compensation insurance? Many
- [Van versus bicycle accident results in $2.3 million wrongful death lawsuit verdict](https://civtrial.com/wrongful-death/van-versus-bicycle-accident-results-in-2-3-million-wrongful-death-lawsuit-verdict/) - A 52-year-old man was hit by a van belonging to a hotel corporation, driven by a hotel employee. This case was about being in the wrong place at the wrong time. A 52-year-old man was out riding his bicycle early in the evening in September 2008, when he was struck by a van being driven
- [Voice-Activated Texting While Driving Is Still Dangerous](https://civtrial.com/auto/voice-activated-texting-while-driving-is-still-dangerous/) - After my mom bought her first iPhone, I was explaining Siri to her. And her first statement was, "Great! Now I can text in the car." And my response was to almost scream at her, especially since she drives a lot with my kids. New research is backing up my belief that voice-activated texting while
- [Increased big rig speed on highways may account for more accidents](https://civtrial.com/auto/increased-big-rig-speed-on-highways-may-account-for-more-accidents/) - The good news is that the number of car accidents has gone down. The bad news is that the number of big rig wrecks is on the rise. There are a number of factors at play during a car accident -- anything from texting while driving to mechanical failure. And yet, the National Highway Traffic
- [A Look At A Proposed Texting While Driving Ban](https://civtrial.com/auto-accidentspersonal-injury/a-look-at-a-proposed-texting-while-driving-ban/) - If you read this blog regularly, you know that one of the biggest issues we see is car wrecks caused by texting while driving. As a result, we're big advocates of doing what can be done to reduce those auto accidents. During the last legislative session, a bill banning texting while driving was passed, but
- [Will The Legislature Make It Easier To Buy Insurance?](https://civtrial.com/personal-injury/will-the-legislature-make-it-easier-to-buy-insurance/) - I have long preached that I think the Texas Department of Insurance did consumers a disservice when it allowed insurance companies to offer non-standard policies. It is hard to buy insurance. Policies are written in legalese so that even attorneys spend their lives fighting over the meaning of certain provisions or phrases. How is a
- [Traumatic brain injury and other such diseases can waste the brain’s 1.5 kilogram mass by a third](https://civtrial.com/personal-injury/traumatic-brain-injury-and-other-such-diseases-can-waste-the-brains-1-5-kilogram-mass-by-a-third/) - The National Football League and the Canadian Football League have faced many suicides of players stricken with traumatic brain injury. Cumulative head trauma is the culprit. Another well known sports personality has died: Ted Toogood, a former Toronto Argonaut. Over the years he played the sport he loved, he was battered about the field in
- [Toddler run over by truck does not survive](https://civtrial.com/trucking-accidents/toddler-run-over-by-truck-does-not-survive-2/) - When an emergency call goes out for help involving a child, the crews know it will be a tough call. This story had one of the worst endings possible, the death of a toddler. A three-year-old boy was run over by a truck backing up through a parking lot. For some reason, like most small
- [Austin Car Wrecks: Let's Reduce Traffic Fatalities This New Year](https://civtrial.com/auto-accidentspersonal-injury/austin-car-wrecks-lets-reduce-traffic-fatalities-this-new-year/) - 2012 is finally winding down, and sadly, it has been the deadliest year for Austin car wrecks in over a decade. As of December 27, Austin had 77 traffic fatalities, the most since 2000. Fortunately, Austin Police Chief Art Acevedo is looking to do something about it. In a December 29 Austin American Statesman story,
- [Parking Lot Accidents](https://civtrial.com/auto-accidentspersonal-injury/parking-lot-accidents/) - I've written this before, but few things cause me as much stress as walking in a parking lot with my kids. I am scared to death that a car backing out of a parking space won't be able to see them. They're 12 and 9 now so they're getting older and bigger, but even for
- [Safe Bicycling Tips](https://civtrial.com/auto-accidentspersonal-injury/safe-bicycling-tips/) - As the holidays approach, I know that a number of kids will receive new bikes as gifts this year. Some will get their first bike, and some will get a new bike with more capabilities than a prior bike. Whatever the case, it's always good to remind our kids the dangers of biking and to
- [Coaches are behind the times when it comes to traumatic brain injury](https://civtrial.com/personal-injury/coaches-are-behind-the-times-when-it-comes-to-traumatic-brain-injury/) - Even though traumatic brain injury is receiving more attention than every before, many coaches are lagging behind when it comes to doing something about it. For many areas of the U.S., football is the social stitching that holds the fabric of a community together. Playoffs are a time of intensity, hard-hitting action, and a stand
- [Traumatic brain injury is not a pillow fight](https://civtrial.com/personal-injury/traumatic-brain-injury-is-not-a-pillow-fight/) - Many parents these days think their little football player will be fine with protective headgear. They will likely be wrong. Over the last few years, a significant number of sports celebrities, and other not-so-famous players, have taken their own lives due to traumatic brain injury. Over time, repeated impacts can destroy the brain and create
- [Things Your Personal Injury Lawyer Need To Know](https://civtrial.com/news/schuelke-law-emphasizes-the-risk-of-intersection-car-accidents/) - An October car accident at the intersection of Thomas Springs Road and West State Highway 71 left one person dead. The accident is one of many that underscores the importance of safe travel near intersections. The crash occurred in the morning hours on October 18, 2024. Emergency responders from the Austin-Travis County Emergency Medical Service
- [Austin Pedestrian & Bike Accidents An Increasing Problem](https://civtrial.com/auto-accidentspersonal-injury/austin-pedestrian-bike-accidents-increasing-problem/) - According to this morning's Austin American Statesman, Austin has seen a record number of pedestrian and cyclist fatalities despite the fact that there are still six weeks to go in the year. About half of the pedestrian fatalities were caused in large part by the pedestrians not being careful. For example, a number of the
- [When the Government Doesn’t Respond to Assist Injured Veterans, Private Enterprise Steps in](https://civtrial.com/blog/when-the-government-doesnt-respond-to-assist-injured-veterans-private-enterprise-steps-in/) - Someone needs to take responsibility for the brave souls who fought for our country. If not government, then the Intrepid Fallen Heroes Fund. The government has been saying for some time now that they do not have enough funds to treat the enormous number of psychologically and physically damaged troops returning home from Afghanistan and
- [Auto Accidents:  Texting While Driving Is In The News](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-texting-while-driving-is-in-the-news/) - If you read this blog, you know one of my pet peeves/big topics is texting while driving. Yesterday, two texting while driving stories caught my eye. On the national scene, Yahoo news ran a story about new efforts to enforce texting while driving bans. The National Highway Traffic Safety Administration has issued several grants to
- [Medical Professionals Now Looking At Concussions](https://civtrial.com/news/schuelke-law-warns-austin-residents-of-the-risks-of-pedestrian-accidents/) - A car struck a pedestrian at the intersection of Crumley Lane and Montopolis Drive in November 2024, claiming the life of the pedestrian. The accident occurred around 6:30 p.m. on November 11, 2024 in southeast Austin. Austin-Travis County Emergency Medical Services (ATCEMS) responded to the scene after receiving a report that a vehicle had struck
- [Top 10 Insurance Myths](https://civtrial.com/blog/top-10-insurance-myths/) - Yesterday, an attorney friend bought me lunch in exchange for me giving him some advice about making a claim after he and family members were rear-ended (likely by someone on a cell phone). One of the things he was disappointed about was that the insurance company wasn't taking responsibility and was treating his family unfairly.
- [Carbon Monoxide Poisoning --- A Lesson From A Cat](https://civtrial.com/workplace-accidents/attorney-brooks-schuelke-calls-for-greater-worker-safety-standards-after-osha-cites-texas-manufacturer-for-violations-leading-to-serious-injury/) - Following a U.S. Department of Labor investigation, federal workplace safety inspectors determined that serious injuries suffered by an employee at Artco-Bell Corp., a Temple-based furniture manufacturer, could have been prevented with proper safety measures. The investigation, which focused on a machinery accident in April 2024, revealed that the company failed to install the required machine
- [Study Shows Texas Supreme Court Is Activist & Ideological](https://civtrial.com/personal-injury/study-shows-texas-supreme-court-is-activist-ideological/) - I'm not sure how I missed this, but last January, Texas Watch, a non-partisan watchdog organization, released a decade-long study about cases before the Texas Supreme Court. The study found the following: Corporate and government defendants prevail in an average of 74% of cases annually. Consumers have lost 79% of cases in which they were
- [A Sobering Reminder About The Dangers Of Texting While Driving](https://civtrial.com/auto-accidentspersonal-injury/a-sobering-reminder-about-the-dangers-of-texting-while-driving/) - I preach here often about the dangers of texting while driving, but nothing I say could be as effective as the story of Bobby Augusto, who lost his daughter to a car wreck caused by texting while driving. You should read it here.
- [Is Cedar Park Dropping The Ball By Not Enacting A Ban On Texting While Driving?](https://civtrial.com/auto-accidentspersonal-injury/is-cedar-park-dropping-the-ball-by-not-enacting-a-ban-on-texting-while-driving/) - Last week, the Cedar Park City Council discussed the possibility of enacting a ban on texting while driving. But despite acknowledging the problem (they passed a resolution saying it's bad), they didn't take any steps to actually curb it. They seemed to lean against an outright ban for all, and are only weakly considering a
- [Texas Is Leading The Nation In Workplace Deaths and Fatalities](https://civtrial.com/personal-injuryworkplace-accidents/texas-is-leading-the-nation-in-workplace-deaths-and-fatalities/) - Last week, the Dallas Morning News had a good article on the number of workplace deaths in Texas. While the number of deaths have decreased in almost all parts of the nation, they remain high in Texas. Indeed, in 2010, the last year for which statistics are available, Texas was responsible for 10% of the
- [Austin Car Wrecks -- Austin Doesn't Fare Well In Safe Driver Survey](https://civtrial.com/news/injury-attorney-brooks-schuelke-encourages-austin-families-to-plan-safety-for-themselves-and-their-pets/) - A July 2024 house fire in northwest Austin ended with the rescue of every person in the house and the family’s two pet cats, according to a news report by KVUE. One adult received treatment for non-life-threatening injuries from emergency medical responders. The cats were rescued and found to be unharmed. The Federal Emergency Management
- [Age May Be a Factor in Recovering from Traumatic Brain Injury](https://civtrial.com/blog/age-may-be-a-factor-in-recovering-from-traumatic-brain-injury/) - New evidence shows brain trauma healing rates in children may not be predictable. There is good news and bad news on the horizon for child victims of brain trauma. The bad news is recent studies suggest it is difficult to predict with any degree of accuracy how well the children will do in the long
- [Brooks on Judicial Tort Reform](https://civtrial.com/auto-accidentspersonal-injury/brooks-on-judicial-tort-reform/) - We've been in trial so we haven't had time to share this, but a week or so ago, Brooks was interviewed for an Austin YNN story about a recent case and judicial tort reform. For some reason, YNN doesn't allow the embedding of their stories, but you can watch the story by clicking on this
- [Car Wrecks:  Good News/Bad News On Car Wreck Deaths](https://civtrial.com/auto-accidentsspecial-resourcestrucking-accidentswrongful-death/car-wrecks-good-newsbad-news-on-car-wreck-deaths/) - Late last week, Austin American Statesman writer Ben Wear had a great story on auto accident fatalities. The good news: a Texas Department of Transportation report found that traffic fatalities in Texas have decreased by almost 15 percent since 2006. The bad news: Texas is still significantly more dangerous than the United States as a whole.
- [Nanotechnology May Revolutionize Traumatic Brain Injury Treatment Protocols](https://civtrial.com/workplace-accidents/austin-injury-lawyer-brooks-schuelke-reminds-businesses-workers-of-the-risks-of-construction-injuries/) - An Austin construction accident recently sent a worker to the hospital after the worker fell 30 feet from scaffolding, according to a CBS Austin news report. The worker was transported to a local hospital with life-threatening injuries, according to CBS Austin. Falls are one of the most common causes of death and serious injury in
- [How Does The Patient Protection & Affordable Care Act ("Obamacare") Affect Injury Claims?](https://civtrial.com/personal-injuryspecial-resources/how-does-the-patient-protection-affordable-care-act-obamacare-affect-injury-claims/) - Most readers would be surprised to learn that the new Patient Protection and Affordable Care Act might have a big affect on injury claims. Right now, hospitals typically have at least two tiers of rates that they charge. They have a list price that they charge uninsured people. And then they have "real rates" that
- [Car Wrecks:  Dangers of Cheap Auto Insurance](https://civtrial.com/auto-accidentsspecial-resources/car-wrecks-dangers-of-cheap-auto-insurance/) - I was scrolling through Yahoo News the other day and a story about the Hidden Dangers of Cheap Auto Insurance caught my eye. The dangers listed are: 1. You're probably not getting the coverage you need. 2. Your low-priced deductible could lead to higher costs. 3. Bad customer service is bad, even if your policy
- [Sorry For The Lack Of Posts](https://civtrial.com/blog/sorry-for-the-lack-of-posts-2/) - I haven't posted in a while, and there's a reason. I've been on a mission trip to Liberia and Guinea in West Africa. In addition to my day job of being a personal injury lawyer, I also have a volunteer "job" serving as the District Lay Leader for the 60+ United Methodist churches in the
- [Eagle Ford Shale and Trucking Accidents](https://civtrial.com/news/schuelke-law-underscores-the-risks-of-head-on-car-crashes/) - A head-on vehicle collision near Carrizo Springs claimed seven lives in June and left two children with life-threatening injuries. According to NBC News, one crash occurred about 116 miles southwest of San Antonio. A black Chrysler 300 sedan crossed the center line and hit a 1998 Dodge pickup head-on, then rolled into the ditch and
- [Do Personal Injury Lawyers Make A Difference?](https://civtrial.com/auto-accidentspersonal-injury/do-personal-injury-lawyers-make-a-difference/) - One of my favorite things is disbursements --- giving clients their checks from settlements or judgments. Today, I'm making disbursements in a settlement of a car wreck case, and the case is an example of how personal injury lawyers can help. Before his hiring of me, the insurance company had made an offer of $924.12
- [Motorcycle Accidents:  ROT Rally Motorcycle Fatalities](https://civtrial.com/auto-accidentspersonal-injuryspecial-resources/motorcycle-accidents-rot-rally-motorcycle-fatalities/) - Austin's annual Republic of Texas (ROT) Rally has come and gone, and again we've had too many motorcycle fatalities. This year, three motorcyclists were killed during the weekend. In the first incident, a rider crashed into a guardrail on the Highway 290 flyover and fell off the flyover. In the second incident, the rider was
- [A Video Game To Help Head Injuries And Brain Injuries?](https://civtrial.com/personal-injuryspecial-resources/a-video-game-to-help-head-injuries-and-brain-injuries/) - I'm a huge fan of TED, the Technology, Entertainment, & Design conference. It's an annual event that asks some of the world's most brilliant people to give short speeches on a wide-range of topics. People pay thousands (or tens of thousands) of dollars to attend live, but most of the talks are presented on the
- [Phases of a Personal Injury Trial](https://civtrial.com/personal-injuryspecial-resources/phases-of-a-personal-injury-trial/) - As we've mentioned previously, one of our goals is to make sure our potential clients and clients know as much as possible about the process so that they can make informed decisions along the way. We previously discussed the phases of a personal injury claim. This piece describes the phases of the actual personal injury
- [Summer Safety Tips](https://civtrial.com/generalpersonal-injuryspecial-resources/summer-safety-tips/) - For those of us in the Austin Independent School District, today is the first day of "summer" so I thought I would mark the occasion by sharing some summer safety tips. SUNBURN: The number one summer ailment in Austin has to be sunburn. Make sure to limit your exposure to peak sun, use sunscreen, and
- [Bizarre Wrongful Death Case Arises in Tandem with a Near Death by Bombing](https://civtrial.com/news/schuelke-law-focuses-on-roadway-design-as-a-factor-in-serious-car-accidents/) - A recent update to news reports of a Gardendale crash that killed one child and left several others injured underscores the importance of roadway design and signage in helping drivers navigate Texas roads safely. Recent Serious Car Accidents on FM 554 The Gardendale crash occurred on June 25th at the intersection of FM 554 and
- [Wrongful Death Lawsuits are Often Filed as a Result of a Crash involving a Negligent Driver](https://civtrial.com/wrongful-death/schuelke-law-firm-raises-concern-over-surging-fatal-car-accidents-in-texas/) - Whether a crash involving a car and another vehicle or a car and a pedestrian, deadly collisions are far too common in Texas. In one crash, a young man was killed in a hit-and-run crash in Guadalupe County on State Highway 123 North. The man was walking home when he was hit and killed by
- [State Farm:  The Do's and Don'ts of A Minor Car Accident](https://civtrial.com/auto/state-farm-the-dos-and-donts-of-a-minor-car-accident/) - Earlier today, I received a link to a State Farm website that contains State Farm's "Do's and Dont's Of A Minor Car Accident." There is the standard advice that you'd expect: Don't drive away, stay at the scene, call the police, etc. But there was also something unexpected: Don’t assume there aren’t injuries. Do assess
- [Drowning Wrongful Death Occurred While Trained Medical Personnel Were Prevented from Assisting Boat Racer](https://civtrial.com/blog/drowning-wrongful-death-occurred-while-trained-medical-personnel-were-prevented-from-assisting-boat-racer/) - This bizarre case ended in the needless death of a powerboat racer. The wrongful death suit alleges gross negligence. This case happened during a world championship for powerboats, and resulted in the drowning death of a well known, long time racer, who was experienced when it came to this kind of sport. The man was
- [Basics of Auto Accident Law Continuing Legal Education Course](https://civtrial.com/auto/basics-of-auto-accident-law-continuing-legal-education-course/) - Today, Brooks and another local lawyer are speaking at a four-hour seminar on auto accident claims. The course will be an introductory course for inexperienced lawyers and paralegals. Some of the things we'll be discussing are investigation of the claim, pleadings, causes of action, and various ethics issues. I'm happy to do this seminar. There
- [Auto Accidents:  Austin Makes Another Top 10 List & Not In A Good Way](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-austin-makes-another-top-10-list-not-in-a-good-way/) - Austinites are proud of the many "Top 10" lists honoring our city. Recently, Austin was named to another top 10 list, but this wasn't a good one. Men's Health Magazine used a complicated formula to try and determine the safest and most dangerous cities in the country for driving. According to them: We tabulated the rate of
- [Texas Supreme Court Under Fire](https://civtrial.com/personal-injury/texas-supreme-court-under-fire/) - Yesterday, I wrote about the decline in Texas civil jury trials. One of the key reasons that our founding fathers considered the jury trial so important was that it was a check on runaway judges. Even Thomas Jefferson explained the importance of having juries as a check over judges when he wrote: [judges] are liable
- [Texas Civil Jury Trials Plummet](https://civtrial.com/personal-injury/texas-civil-jury-trials-plummet/) - The right to trial by jury in civil cases is so important that our forefathers insisted in including it in the Bill of Rights. Indeed, one of the main grievances leading up the American Revolution was the unfair treatment of the colonies with respect to jury trials. In England, judges were viewed as subjects to
- [BBQ Food Poisoning?  A Southside Market Recall](https://civtrial.com/personal-injury/bbq-food-poisoning-a-southside-market-recall/) - I'm a barbecue guy. I was born in Lockhart (BBQ capital of the world), my first job was in a BBQ restaurant, and I enjoy hanging out around my own smokers when possible. That's why I was so distressed to see that Elgin's Southside Market has recalled more than 2,000 pounds of sausage that may
- [Upcoming Speaking Engagements On Auto Accident Litigation](https://civtrial.com/auto/upcoming-speaking-engagements-on-auto-accident-litigation/) - My schedule for April is heavy on speaking engagements. On April 10, another lawyer and I are leading a four hour seminar on the basics of car wreck cases. This will be a basic seminar directed to young lawyers and paralegals that cover the basics of most cases. On April 13, I'll be speaking in
- [Austin Auto-Pedestrian Wrecks An Increasing Problem](https://civtrial.com/dog-attacks/texas-dog-bite-attorney-brooks-schuelke-advocates-for-victims-amid-rising-incidence-of-dog-attacks/) - As the bond between humans and canines continues to thrive across the United States, Texas dog bite attorney Brooks Schuelke is on a mission to ensure justice for victims of dog attacks, with alarming statistics revealing the widespread prevalence of dog bites and their devastating consequences, Schuelke advocates for those harmed by negligent pet owners.
- [Backup Cameras Can Help Reduce The Risk Of Backover Accidents](https://civtrial.com/auto/backup-cameras-can-help-reduce-the-risk-of-backover-accidents/) - I was recently reading the book Out Of My Mind to my son. It’s the story of a young girl who is brilliant, but who can’t communicate with others because she was born with cerebral palsy. One of the most difficult “scenes” in the book is when (SPOILER ALERT HERE), the young girl sees her
- [Brain Trauma Can Occur Even When Not Diagnosed with a Concussion](https://civtrial.com/blog/brain-trauma-can-occur-even-when-not-diagnosed-with-a-concussion/) - Head trauma without signs of a concussion is deceptive and may be just as deadly as trauma that clearly indicates the presence of a concussion. While it is a good thing that the National Football League (NFL) appears to be taking the issue of concussions seriously, one has to wonder, since they did know about
- [Soccer May Also Result in Traumatic Brain Injury](https://civtrial.com/blog/soccer-may-also-result-in-traumatic-brain-injury/) - The more you look, the more the world of sports is becoming a dangerous place to play. Head trauma is a serious issue. Just when you thought you had heard all there was about traumatic brain injury in football and hockey, you then find out this type of injury is prevalent in soccer. Players perform
- [Finding Sources of Recovery --- Another Reason To Hire A Personal Injury Attorney](https://civtrial.com/auto/finding-sources-of-recovery-another-reason-to-hire-a-personal-injury-attorney/) - One of the most important things a personal injury lawyer can do is to identify potential sources of recovery. It seems easy enough, but it's been an issue in at least two new cases in the last couple of months. In one case, the potential client came to me after getting the run-a-round from an
- [What Does Your Texas Uninsured/Underinsured Motorist Insurance Cover?](https://civtrial.com/auto/what-does-your-texas-uninsuredunderinsured-motorist-insurance-cover/) - I am beating my head against a wall talking to an insurance company this morning. Here's the situation: My client is a professional driver (I won't tell you what kind). While driving on the job, he was hit by someone and seriously injured. In this situation, there are three potential places where an injured person
- [Car Wrecks:  What Do I Do If The Other Driver's Insurance Isn't Working In Good Faith To Settle My Property Claim?](https://civtrial.com/news/texas-personal-injury-attorney-sheds-light-on-alarming-statistics-falls-are-a-leading-cause-of-death-since-2000/) - In a compelling call to action, personal injury attorney Brooks Schuelke sheds light on the alarming prevalence and economic burden of older adult falls in Texas and across the United States. With over 14 million adults ages 65 and older reporting falls each year nationwide, the impact of these incidents reverberates through communities, resulting in
- [More On Texting While Driving (and Talking While Driving) In School Zones](https://civtrial.com/auto-accidentspersonal-injury/more-on-texting-while-driving-and-talking-while-driving-in-school-zones/) - Last night, Fox 7 ran yet another story about the continued problem of Austin drivers texting and using cell phones in school zones. This is a continued story and a continued risk to our kids. And when I say "our kids" in this instance, I mean it. My son's elementary school (my daughter has graduated to
- [Avoid Natural Gas Injury Claims](https://civtrial.com/trucking-accidents/schuelke-law-discusses-deadly-truck-crashes-in-austin/) - Truck crashes in the Austin area are relatively frequent. Many have a deadly outcome, as did one truck crash on State Highway 45 near the US 183 toll road. In one Highway 45 crash, a pick-up truck slammed into the back of an 18-wheeler, killing the pick-up driver. The collision happened about 6:45 a.m. The
- [Head Trauma Causes Railroad Foreman to Sue Employer](https://civtrial.com/workplace-accidents/head-trauma-causes-railroad-foreman-to-sue-employer/) - Traumatic brain injury can be deadly. It certainly alters a person’s life. This on-the-job injury case involved a railroad worker. John Doe (whose name has been changed to protect the victim) had worked for the Kansas City Southern Railway Company for a number of years when he was involved in an accident. The fateful event
- [Sports Injury Lawsuits:  Another Lawsuit Filed Against The NFL Related To Concussions & Painkillers](https://civtrial.com/news/schuelke-law-discusses-emerging-treatments-for-traumatic-brain-injury/) - Traumatic brain injury (TBI) is a lot more common than we might think and dramatically affects how the brain works. TBIs can be acquired due to a blow to the head, such as in a car accident or while playing sports, or may result from a penetration injury, such as a gunshot wound. TBI affects
- [Animal Attacks - Dog Bite Cases:  The One Free Bite Rule?](https://civtrial.com/personal-injury/animal-attacks-dog-bite-cases-the-one-free-bite-rule/) - I saw a blurb in the Austin American Statesman that officials took possession of a pit bull today after it was involved in a vicious dog attack. I immediately thought about the "one free bite" rule. Ask any lay person or non-personal injury lawyer, and everyone knows about the "one free bite" rule. Except there is
- [Sports Lawsuits:  RB Stafon Johnson Settles Lawsuit Against USC](https://civtrial.com/personal-injury/sports-lawsuits-rb-stafon-johnson-settles-lawsuit-against-usc/) - In 2009, USC running back Stafon Johnson was working out at USC facilities trying to get ready for the upcoming NFL draft, when a bar carrying 275 pounds fell on his neck, almost killing him. Johnson subsequently filed suit against USC and the USC strength and conditioning coach. And the personal injury suit settled this week.
- [Killer Headphones, Dude!  Literally.](https://civtrial.com/news/schuelke-law-attorneys-rising-texas-home-auto-insurance-rates-could-cost-you-more-than-you-expect/) - Insurance rates are rising again in Texas. At the end of 2022, Texas insurance regulators authorized 32 separate rate increase requests from the state’s home and auto insurers - increases expected to raise premiums by $425.5 million across the industry. The increases are linked to a combination of issues for home and auto insurers. Major
- [Injured?  Learn About Your Condition](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/injured-learn-about-your-condition/) - A constant issue I hear from personal injury clients is that doctors often do a poor job communicating with patients about the patients' injuries and their course of care. But with the internet, there are a number of ways for clients to learn about their injuries and treatment themselves. It is the internet, so some
- [Cyclist Loses Life in Accident with a Fuel Tanker](https://civtrial.com/personal-injury/cyclist-loses-life-in-accident-with-a-fuel-tanker/) - Some accidents happen in odd ways and end in tragedy. This reported case devastated a young man’s family. The 26-year-old man killed in this accident was out riding his bicycle on a nice day. He was an experienced rider, but that did not help him on that fateful day. The man had nowhere else to
- [Head Injury Therapy --- Writing A Cookbook?](https://civtrial.com/auto-accidentspersonal-injury/head-injury-therapy-writing-a-cookbook/) - Today's Austin American Statesman had the inspiring story of Ruby Dee Phillipa. Ms. Phillipa was a former restaurant owner turned rockabilly musician who suffered a head injury in a 2008 scooter crash. As part of her therapy, her doctors told her that she should find tasks that helped her brain relearn how to access common words
- [Need A New Year's Resolution?  How About Decreasing Distracted Driving?](https://civtrial.com/news/schuelke-law-weighs-in-on-changes-to-vehicle-inspection-laws/) - Required annual vehicle inspections are coming to an end in Texas - at least for non-commercial drivers. In June 2023, Texas Governor Greg Abbott signed a new law to end the annual vehicle inspection requirement. Beginning in 2025, Texas drivers won’t need to take their cars into the shop for a yearly inspection. Commercial vehicles
- [Big Rig Accidents Continue to Occur on Roadways](https://civtrial.com/personal-injurytrucking-accidents/big-rig-accidents-continue-to-occur-on-roadways/) - Despite the desire to reduce the number of 18-wheeler accidents on the highways, it does not seem to be happening. Unfortunately, even with the latest push to improve big rig safety, there are still far too many devastating accidents taking lives, and often taking them in a grisly fashion. The difficulty is that many passenger
- [Don't Let A Christmas Tree Fire Prevent You From Having A Merry Christmas](https://civtrial.com/personal-injury/dont-let-a-christmas-tree-fire-prevent-you-from-having-a-merry-christmas/) - Although Christmas tree fires aren't as big a problem as they used to be, they're still a huge issue. Every year, Christmas tree fires cause over $16 million dollars in property damage. And they're also particularly deadly. One out of every 18 Christmas tree fires results in a death, compared to one death for every
- [Locker Room Caved in and Caused Wrongful Death at High School](https://civtrial.com/wrongful-death/schuelke-law-handles-wrongful-death-lawsuits-in-wake-of-deadly-crashes/) - Car accidents are on the rise. The reasons vary but can include being in a hurry to get to Point A from Point B, distracted driving, DWI/DUI, and even bad weather. The worst outcome of any car accident involves the death of one or more people. One head-on accident between a BMW and a Toyota
- [Auto Accidents:  What Does "Policy Limits" Mean?](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-what-does-policy-limits-mean/) - Whether talking to clients or providing information on this website, we often talk about the other driver's "policy limits." What does that phrase mean? Every insurance policy has a maximum amount that the insurance company will be required to pay, regardless of the severity of the injuries suffered by people in the wreck. This maximum amount is referred
- [We Can Learn About Head Injuries From The NHL](https://civtrial.com/trucking-accidents/schuelke-law-steps-up-to-address-big-truck-accident-cases-in-austin-tx/) - One thing is certain when a passenger vehicle is involved in an accident with a big rig. Either the driver and/or passengers of that vehicle are going to sustain serious, life-altering injuries or die. The weight of an 18-wheeler can be fully loaded up to 80,000 pounds. The lowest weight a large truck can be
- [Auto Accidents: Is A Ban On Using Cell Phones In Cars Ahead?](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidentswrongful-death/auto-accidents-is-a-ban-on-using-cell-phones-in-cars-ahead/) - Tuesday, the National Transportation Safety Board urged a complete ban on the use of cell phones while driving. The Board has recommended that all states adopt a complete ban on the use of cell phones while driving --- including texting and emailing --- except in emergency situations. It would include a ban on using phones even with hands-free
- [CAR WRECK CASES: Texting and Driving Are Getting Much Worse](https://civtrial.com/news/schuelke-law-comments-on-why-texas-car-accidents-are-so-common/) - Not a day goes by without car accidents happening in the nation, Texas, and in Austin. This is not surprising as Texas has a population of at least 29.53 million, and Austin had a population of 964,177 in 2021. Additionally, Texas has one of the highest rates of crashes across the nation – with the
- [A Tea Party Leader On Tort Reform](https://civtrial.com/blog/a-tea-party-leader-on-tort-reform/) - Andrew Cochran keeps a blog dedicated to the 7th Amendment --- the amendment guaranteeing US citizens the right to a jury trial in civil cases. Earlier this month, he had a post quoting Judson Phillips, a leader of the Tea Party movement. It seems that Mr. Phillips understands the role of the civil justice system
- [What Personal Injury Victims Can Learn From The Military's Brain Injury Debacle](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidents/what-personal-injury-victims-can-learn-from-the-militarys-brain-injury-debacle/) - The lasting legacy of the Iraq and Afghanistan wars will be the amazing number of head injuries suffered by our troops. Yesterday, NPR released a report detailing ways that we are failing those injured. One key component of the report was failed testing and diagnoses for the injuries. The United States has spent $42 million trying
- [If I Can't Work After A Car Wreck, Who Will Pay My Lost Wages?](https://civtrial.com/news/schuelke-law-discusses-why-holding-wrongdoers-accountable-is-crucial/) - Serious personal injuries are life-changing, expensive and frightening. It does not matter how those injuries were sustained; what matters is how a survivor can move forward, recover, and rebuild a new life. At Schuelke Law in Austin, their record for helping injured survivors and those survivors other attorneys turned away is notable.” We do not
- [Head Injuries and Concussions Can Be Dangerous If Athletes Play Too Soon After an Injury](https://civtrial.com/personal-injury/head-injuries-and-concussions-can-be-dangerous-if-athletes-play-too-soon-after-an-injury/) - Brain trauma is nothing to mess with, and players with a concussion must be sidelined until they recover. Unfortunately, with the current attitude in many sports that playing through pain is a given, too many players are placed back into risky situations despite the presence of concussions and other brain injuries. This is a problem
- [What Is Mediation?](https://civtrial.com/special-resources/what-is-mediation-2/) - The fourth stage of a typical personal injury case is mediation. Mediation is an assisted settlement conference. The participants in the mediation usually include the plaintiff, the plaintiff's lawyer, the defendant's lawyer, the insurance adjuster, and the mediator. In many mediations, the parties gather together for an opening caucus. During that time, the mediator gives
- [AAA On The Cost Of Car Wrecks](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/aaa-on-the-cost-of-car-wrecks/) - I'm sure most of us have heard studies complaining about America's traffic and how much it costs Americans to sit in congestion. While that's bad, it's not nearly the cost of car wrecks. Earlier this month, the American Automobile Association (AAA) released a study, Crashes v. Congestion -- What's The Cost To Society? The study found that
- [Third Stage Of A Personal Injury Claim:  Depositions](https://civtrial.com/auto-accidentspersonal-injuryspecial-resources/third-stage-of-a-personal-injury-claim-depositions/) - The third stage of the typical personal injury case is the deposition. The first two depositions usually taken are of you and of the other party. Before Covid, most depositions were in person. For your deposition, we would typically be in one of our conference rooms. Since Covid, most depositions have been conducted remotely via Zoom
- [Stages of a Personal Injury Claim:  Gathering Records, Proving Damages, Preparing The Settlement Package & Negotiation](https://civtrial.com/auto-accidentspersonal-injuryspecial-resources/stages-of-a-personal-injury-claim-gathering-records-negotiation/) - In most cases, the second stage of the case is the record gathering phase. After you complete treatment (when you have healed or you have improved as much as you're going to improve), the next step is for our office to gather all of your medical records and bills. In many ways this is one
- [Austin School Bus Wreck Is An Example Of The Need For Uninsured/Underinsured Motorist Coverage](https://civtrial.com/auto-accidentspersonal-injury/austin-school-bus-wreck-is-an-example-of-the-need-for-uninsuredunderinsured-motorist-coverage/) - I've written often about the need for you to buy uninsured/underinsured motorist coverage when you purchase your automobile insurance coverage. Yesterday, there was a bus wreck in Austin when a car apparently ran a red light and hit the bus, almost forcing it over a bridge. Though reports say no one was hurt, four
- [Personal Injury Cases:  What Is The Goal In The Mediation Process?](https://civtrial.com/workplace-accidents/schuelke-law-prepares-for-new-osha-injury-reporting-requirements-in-2024/) - The federal Occupational Safety and Health Administration (OSHA) recently announced updates to its injury reporting rules. Beginning in 2024, companies in certain high-risk industries will be required to file injury reports electronically. Companies affected by this change are those with 100 or more employees in certain named “high-hazard” industries, such as construction. These companies must
- [Take What You Read On Personal Injury Websites (Including This One) With A Grain Of Salt](https://civtrial.com/auto-accidentspersonal-injury/take-what-you-read-on-personal-injury-websites-including-this-one-with-a-grain-of-salt/) - Never trust what you read on an attorney's website --- including this one. I was running a Google search for something, and I stumbled upon a website from another personal injury attorney in Dallas. As I glanced at it, I noticed that something was terribly wrong. Some of the advice he was giving was just wrong. And
- [Stages Of A Claim:  The Investigation & Healing Stage](https://civtrial.com/personal-injuryspecial-resources/stages-of-a-claim-the-investigation-healing-stage/) - In most cases, our clients come in to see us shortly after their accident. Both of us have jobs at that point. You have two main jobs: to get better and to document your injuries. You get better by going to your medical providers, following their advice, and doing what is necessary to get better. You document your
- [Wrongful Death Claims Stack Up At Concert Venue](https://civtrial.com/blogwrongful-death/wrongful-death-claims-stack-up-at-concert-venue/) - Stage collapses resulting in deaths have dominated the news lately, and are prompting the filing of wrongful death lawsuits. This reported case was filed by the family of a woman killed by a stage collapsing on her while she was attending a concert. The 42-year-old woman was treated to front row seats for the event
- [New Trucking Accident Danger?](https://civtrial.com/auto-accidentstrucking-accidents/new-trucking-accident-danger/) - Since I have represented a number of people in trucking accidents, I've written here about a number of different dangers of trucking accidents. But this trucking accident danger is new for me. Trucker Louis Holst and his wife had picked up a load that included 460 bee hives. When his load became unstable, the truck toppled over,
- [Head Injury Training Program a Step in the Right Direction for Youth Sports](https://civtrial.com/bloggeneral/head-injury-training-program-a-step-in-the-right-direction-for-youth-sports/) - Playing sports is a right of passage for many kids. But kids can suffer serious head trauma and jeopardize their future. It goes without saying that playing sports is a big part of going to school. Volleyball, basketball, football, hockey, and soccer are some of the most popular sports. Kids risk sustaining serious injuries if
- [Personal Injury Cases:  Types Of Information Kept From The Jury](https://civtrial.com/news/austin-personal-injury-attorney-brooks-schuelke-weighs-in-on-changes-to-texas-mental-anguish-damages/) - The Texas Supreme Court delivered a groundbreaking decision in Gregory v. Chohan, reshaping the landscape of mental anguish damages that left many questions unanswered. Mental anguish damages in Texas are a recognized form of compensation for individuals who have endured significant emotional distress due to the actions or negligence of others. The landmark ruling marked
- [Personal Injury Claims:  How Do Juries Decide Cases?](https://civtrial.com/auto-accidentspersonal-injury/personal-injury-claims-how-do-juries-decide-cases/) - I'm resigned to the fact that most people learn about the legal system, and the legal system does a lousy job of explaining how juries come up with decisions in civil cases. The confusion comes in two forms. First, in Texas, at least, juries don't necessarily "decide" who should win or what amount should be
- [Traumatic Brain Injuries a Long-Term and Challenging Condition](https://civtrial.com/personal-injury/traumatic-brain-injuries-a-long-term-and-challenging-condition/) - Personal injury lawsuits involving traumatic brain injury typically have higher jury awards, as this kind of injury does not heal over time. Just recently, the state of Alaska conducted an analysis of the number of traumatic brain injuries in that state. It seems the state has a significant record of being the region with the
- [Traumatic Brain Injury Comes in Many Guises](https://civtrial.com/news/schuelke-law-attorneys-consider-results-of-nationwide-speeding-study-for-texas-drivers/) - Texas drivers know how quickly traffic can move on the state’s roads. Yet many Texans are used to fast driving. To them, it doesn’t feel dangerous - which means studies about speeding deaths can come as a surprise. Many Texas personal injury lawyers took note when the National Highway Traffic Safety Administration (NHTSA) released its
- [Central Texas Fire Losses:  Avoiding Bad Builders And Contractors](https://civtrial.com/blog/central-texas-fire-losses-avoiding-bad-builders-and-contractors/) - I've represented a number of people in lawsuits against their builders. Several years ago, one of my clients and I half-joked that we were going to write a book together about avoiding bad contractors. We never got around to writing the book, but I do want to share some of the tips. Because while tragedies oftentimes bring
- [Car Wrecks: Good Samaritan & Motorcyclist Killed On The Side Of The Road; Beware The Dangers Of The Side Of The Road](https://civtrial.com/auto-accidentspersonal-injury/car-wrecks-good-samaritan-beware-the-dangers-of-the-side-of-the-road/) - Tuesday morning, two drivers lost their lives in a tragic MoPac accident. A motorcyclist rear-ended an SUV on MoPac near 2222. The motorcycle stopped and the motorcyclist fell in the outside lane of traffic. A good Samaritan stopped on the shoulder and went to help the motorcyclist. Unfortunately, another vehicle came up and hit them,
- [Central Texas Fires:  Making Insurance Claims](https://civtrial.com/news/schuelke-law-comments-on-judiciary-publication-regarding-civil-injury-lawsuit-trends-in-texas/) - The Office of Court Administration compiles the Annual Statistical Report, which encompasses the state fiscal year from September 1 to August 31 2023. This comprehensive report provides insights into the Texas court system's structure and jurisdiction, offers in-depth analyses of case activity and emerging trends, and presents statistical data from appellate and trial courts. Experienced
- [Car Wreck News:  Several New Traffic Laws Go Into Effect Today](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/car-wreck-news-several-new-traffic-laws-go-into-effect-today/) - As lawyers who routinely represent clients who are seriously injured in car wrecks, we're always interested in new traffic safety laws. And for that information, today is a big day. For many of the laws passed during the last legislative session, today (September 1) is the effective date --- the date the law actually starts
- [Watch Out For Distracted Driving/Texting-While-Driving School Zone Car Wrecks This Year](https://civtrial.com/auto-accidentspersonal-injury/watch-out-for-distracted-drivingtexting-while-driving-school-zone-car-wrecks-this-year/) - School started back up this week, and the Austin Police Department and others are again stressing the importance of avoiding distracted driving in school zones. Last night, KXAN reporter Doug Shupe ran a great story on the problem. Sadly, the crossing guards he interviewed said that the worst problem was around Casis Elementary, my son's school.
- [Texas Tops The List For Auto-Train Collisions](https://civtrial.com/trucking-accidents/schuelke-law-addresses-challenges-with-september-2023-trucking-law/) - On September 1, 2023 a new Texas law took effect. The law allows local police to enforce commercial vehicle safety standards in three Texas locations: Orange County, Waller County, and the City of Mesquite. Before the change, the Texas Department of Public Safety was the only agency responsible for enforcing state and federal regulations regarding
- [What Is Mediation?](https://civtrial.com/news/the-deadliest-roads-in-east-texas/) - Spring break is soon upon us, and many Texans are planning to drive to other locations to spend time with their families. During this time, there needs to be a great degree of caution when out on the highways. This is because there are going to be more people on the roads, and the chances
- [Joey Harrington - Even Professional Athletes Can Be Bicycle Accident Victims](https://civtrial.com/auto-accidentspersonal-injury/joey-harrington-even-professional-athletes-can-be-bicycle-accident-victims/) - Last Sunday, former NFL quarterback Joey Harrington was seriously injured in a bicycle accident. Apparently he was riding his bicycle when an SUV passed too close to him and struck him. he was taken to the hospital where he was diagnosed as having a broken collar bone, a punctured lung, and other injuries. Thankfully,
- [State Tells Uninsured/Underinsured Motorist Insurance Companies To Change Their Practices](https://civtrial.com/auto-accidentspersonal-injury/state-tells-uninsuredunderinsured-motorist-insurance-companies-to-change-their-practices/) - I've been meaning to post on this, but haven't had the time. Last week, the Texas Department of Insurance issued a new bulletin telling insurance companies that many of them needed to change the way they sold uninsured/underinsured motorist coverage. You can buy UM/UIM insurance that covers both bodily injury (personal injury claims) and property
- [Texting While Driving Videos](https://civtrial.com/auto/texting-while-driving-videos/) - Many of us who are personal injury lawyers are on small crusades against texting while driving and distracted driving. Earlier this month, Jon Lewis, a Birmingham, Alabama personal injury lawyer, had a good blog post on his Injuryboard blog with videos about texting while driving. If you have a few minutes, you should check out some of
- [Austin Car Wrecks:  APD Names 5 Most Dangerous Intersections](https://civtrial.com/news/what-is-a-personal-injury-case/) - The best explanation of a personal injury case is that it involves someone injured as the result of the negligence of another person or entity. Personal injury cases would include cases where someone has some injuries or even where someone is killed. Because they are so important, you need to discuss any accident case with
- [Botox May Cause Brain Injury](https://civtrial.com/personal-injury/botox-may-cause-brain-injury/) - There is nothing wrong with wanting to look younger, unless the Botox migrates and causes brain damage. In this case, a jury handed down a $212 million award to a plaintiff who stated that Botox side effects left him with brain damage. The plaintiff used to have a normal life, up until he got Botox
- [Fireworks Safety --- Fireworks Causing More Personal Injuries](https://civtrial.com/blogpersonal-injury/fireworks-safety-fireworks-causing-more-personal-injuries/) - Today, the Consumer Product Safety Commission had a fireworks safety conference on the National Mall in Washington, DC. According to the CPSC, in 2010, approximately 8,600 Americans ended up in hospital rooms because of fireworks injuries. Most of these injuries involved burns to the hands or the face. Sadly, about 40 percent of the injuries
- [Motorcycle Helmets Are Not Foolproof When It Comes To Traumatic Brain Injury](https://civtrial.com/wrongful-death/social-media-tiktok-carries-deadly-content/) - In two disturbing wrongful death cases, TikTok played a role that has yet to be questioned. Social media can be a place of fun and laughter, or, as two recent cases demonstrate, a place that promotes deadly challenges that can kill users. Two families, one of them from Temple, Texas, have filed a wrongful death
- [Conference Seeks To Reduce Number Of Trucking Accidents and Bus Wrecks](https://civtrial.com/auto-accidentslitigationpersonal-injurytrucking-accidents/conference-seeks-to-reduce-number-of-trucking-accidents-and-bus-wrecks/) - Recently, the National Transportation Safety Board convened a two day meeting of federal regulators, safety experts, and the truck and bus industries to try and tackle the often deadly problem of trucking accidents and bus wrecks. The conference was to examine what is being done to prevent deadly accidents and why past safety recommendations haven't
- [Hot Coffee --- The Movie](https://civtrial.com/auto-accidentspersonal-injury/hot-coffee-the-movie/) - The most successful advertising campaign ever has been the tort reform movement's propaganda campaign. And perhaps the most well known (and most misunderstood) case in that campaign has been the McDonald's hot coffee case. Now, a producer has created a documentary that looks at the case, and three other cases, to tell the truth about
- [Sean Kingston Jet Ski Accident Shows Need For Watercraft Safety](https://civtrial.com/blogpersonal-injury/sean-kingston-jet-ski-accident-shows-need-for-watercraft-safety/) - Hip hop singer Sean Kingston was seriously injured in a jet ski accident over the weekend. Sadly, Mr. Kingston is not alone. Jet skis and personal watercraft are some of the most dangerous vehicles on the water. In Texas, the use of personal watercraft is fairly well regulated, though most users don't seem to know
- [Brain Injuries From Sports Are More Common Than People Think](https://civtrial.com/personal-injury/brain-injuries-from-sports-are-more-common-than-people-think/) - Not only are brain injuries very common in sports, they affect nearly 765,000 young children and adults every year. Who does not have their kids in sporting activities? It is almost an entrenched right of passage for American children and young adults. Unfortunately, playing the sports they love may also result in traumatic brain injury,
- [Austin Police Department Is Trying To Reduce Injuries From Auto Accidents](https://civtrial.com/auto-accidentspersonal-injury/austin-police-department-is-trying-to-reduce-injuries-from-auto-accidents/) - The Austin Police Department is trying something a little new to reduce the number of injuries that Austinites suffer in car wrecks. The police department initiated their usual Click It or Ticket campaign to encourage motorists to use their seat belts. But this year, they're adding a twist: undercover police officers are dressing as panhandlers
- [Medicare: A Personal Injury Problem Gets Worse](https://civtrial.com/news/austin-brain-injury-lawyer/) - Austin Brain Injury Lawyer
- [Could Legislation Help Prevent Illegal Solicitation of Personal Injury Victims?](https://civtrial.com/personal-injury/could-legislation-help-prevent-illegal-solicitation-of-personal-injury-victims/) - We're ambulance chasers --- at least that's what the public thinks. Personal injury lawyers have a reputation for sitting around and trying to chase down injured people so we can represent them in cases. And sadly, there's some truth to that. There are a number of personal injury attorneys around the state that improperly obtain
- [Student Suicide Results in Wrongful Death Lawsuit](https://civtrial.com/news/five-people-killed-after-a-head-on-two-vehicle-crash-on-highway-110/attachment/damaged-in-heavy-car-accident-vehicles-after-collision-on-city-street-crash-site-at-night-road-safety-and-insurance-concept/)
- [Police Officers Are Targets When Parked On The Side Of The Road](https://civtrial.com/auto-accidentspersonal-injury/police-officers-are-targets-when-parked-on-the-side-of-the-road/) - I've written before about the dangers of being parked on the side of the road. But perhaps the biggest danger isn't to every day motorists, but to police officers, who routinely find themselves on the shoulder of roadways. A recent wreck in Live Oak, near San Antonio, shows how dangerous this can be. This weekend,
- [Action Alert --- Tort Reform:  Stop The "Families Pay" Bill](https://civtrial.com/blog/action-alert-tort-reform-stop-the-families-pay-bill/) - You always have to feed the beast. Every legislative session the insurance industry and its lobbyists succeed in winning legislative victories that take away your rights. And depsite these wins, they keep coming back for more. It's time to tell them enough --- quit coming back for more. This year, the insurance industry and its
- [Pedestrian Killed While Crossing in a Crosswalk And Driver Fled Scene Indicated Austin Personal Injury Lawyer](https://civtrial.com/personal-injury/pedestrian-killed-while-crossing-in-a-crosswalk-and-driver-fled-scene-indicated-austin-personal-injury-lawyer/) - You would think if you were crossing the street in a designated crosswalk area that you would be safe. Think again. It seems no matter where one goes or what one does these days, there is a need to be alert and aware at all times, whether driving or crossing the street. Without that cautious
- [Violent Big Rig Crash Kills Three and Injuries 17 Others](https://civtrial.com/trucking-accidents/violent-big-rig-crash-kills-three-and-injuries-17-others/) - In terms of spectacular accidents, this one would be right up there. It involved two school buses and a big rig. It was a relatively ordinary day, and the school kids on the two buses were coming back from a function they had attended at a local university. The 60 students and their two teachers
- [Auto Accidents:  You Too Can Earn A New Job By Texting While Driving](https://civtrial.com/auto-accidentspersonal-injury/auto-accidents-you-too-can-earn-a-new-job-by-texting-while-driving/) - Kudos to the Austin Police Department for a new initiative that they're launching this week. Between now and the end of school, the police department will place plain clothes officers around schools throughout the city to look out for drivers texting in school zones (which I hope you all know by now is illegal) and
- [Auto Accidents:  A Spoof Conversation With An Adjuster](https://civtrial.com/news/brain-injury-bonanza-new-brain-injury-diagnostic-tools/) - Brain Injury Bonanza: New Brain Injury Diagnostic Tools
- [Car Wrecks:  Good News And Bad News From The Legislature](https://civtrial.com/auto/car-wrecks-good-news-and-bad-news-from-the-legislature/) - Surprisingly, in the midst of the ever-looming budget battle, auto accident-related legislation has been front and center thise week. On the safety front, Texas is one-step closer to banning texting while driving. A proposed texting while driving ban received preliminary approval from the house yesterday. The ban isn't a full ban --- it would prohibit drivers from texting while
- [Investigating Roll-Over Accidents](https://civtrial.com/auto-accidentspersonal-injury/investigating-roll-over-accidents/) - We've represented people in a number of roll-over accidents, and I have made several posts, many of which emphasize the undiscovered potential claims that arise in roll-over cases. Today, my friend Steve Lombardi, a Des Moines, Iowa personal injury lawyer, has a good blog post that talks about investigating roll-over accidents. Steve's post walks you
- [Car Wrecks:  What Do You Do If The Insurance Company Won't Tell You The Other Driver's Policy Limits?](https://civtrial.com/auto-accidentspersonal-injury/car-wrecks-what-do-you-do-if-the-insurance-company-wont-tell-you-the-other-drivers-policy-limits/) - Every auto insurance policy has a "policy limit" --- the maximum amount that the insurance company is obligated to pay regardless of the injuries you sustain in a wreck. Currently, Texas law requires that motorists have insurance with a policy limit of at least $30,000. When you're involved in an auto accident, it's important to
- [Georgetown Car-House Collision.  How Frequently Does That Occur?](https://civtrial.com/news/brain-injuries-major-mistakes-in-your-brain-injury-case/) - Brain Injuries: Major Mistake In Your Brain Injury Case
- [Car Wreck - Personal Injury Problem:  Hospital Liens](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/car-wreck-personal-injury-problem-hospital-liens/) - Sunday's Austin American Statesman had a wonderful article about hospital liens, a problem that can really muck up a car wreck or other personal injury claim. Texas law provides that if a person is injured in an accident and is admitted to a hospital within 72 hours of the accident, then the hospital has a
- [A New Braunfels Trucking Accident Shows The Importance Of Timely Investigation](https://civtrial.com/personal-injurytrucking-accidents/a-new-braunfels-trucking-accident-shows-the-importance-of-timely-investigation/) - Last Friday night, there was a horrific trucking accident on I35 in New Braunfels. The wreck involved two tractor-trailers and one pickup truck. One of the drivers was tragically killed when his truck burst into flames. All told, traffic was shut down for over ten hours on northbound I35 (and a mere six hours on
- [Victims Shouldn't Be Anonymous - A Family Fights Back From A Trucking Accident](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/victims-shouldnt-be-anonymous-a-family-fights-back-from-a-trucking-accident/) - Too often, the media is focused on the sensationalized "problems" of the tort system. And they do it by looking at the fringe frivolous cases (anyone remember the ridiculous coverage of Roy Pearson's pants lawsuit?) without looking at the every day, usual cases where people are hurt. We focus on those that are hurt. On
- [Underride Trucking Accidents -  They Don't Have To Be Deadly](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/underride-trucking-accidents-they-dont-have-to-be-deadly/) - The underride trucking accident --- where a car rear-ends a truck and slides underneath --- is almost always serious, usually fatal. But they don't have to be that way. Federal motor carrier regualtions require most trailers to have rear impact guards to prevent just this type of underride accident. But a new study by the
- [If You Have A Personal Injury Claim, You Should Hire A Lawyer Now](https://civtrial.com/news/personal-injury-claims-the-jury-trial/) - Personal Injury Claims: The Jury Trial
- [Another Wrong Way Driver Wreck In Dallas](https://civtrial.com/auto-accidentspersonal-injury/another-wrong-way-driver-wreck-in-dallas/) - It's some thing you think should never happen, but it's common --- accidents caused by drivers driving the wrong way on interstates or major roadways. Unfortunately, another wrong-way driver wreck happened in Dallas last Thursday night/Friday morning. Joseph Macias was driving southbound in the northbound lanes of I45 when he slammed into another vehicle. The
- [Paradise Lost: Tort Reform Goes International](https://civtrial.com/news/personal-injury-lawsuit-written-discovery/) - Personal Injury Lawsuit: Written Discovery
- [Another Austin Auto-Pedestrian Fatality](https://civtrial.com/auto/another-austin-auto-pedestrian-fatality/) - This week brought another sad auto-pedestrian fatality. On Sunday night, a 56 year old Austin woman was killed as she was struck by a vehicle while she was crossing Riverside Drive near Willow Creek (just west of Pleasant Valley). These types of potential cases are always interesting. Looking at it, the first thing that has
- [Have I Seen A Miracle?](https://civtrial.com/personal-injurytrucking-accidents/have-i-seen-a-miracle/) - Those that know me, know I'm a fairly religious/faithful guy. But I'm not sure I had seen a miracle before what I saw last week. Last week was crazy for me, with a trip to Dallas and two trips to Houston (including one with 60 or so cub scouts for an overnight stay at NASA)
- [Reckless Driving While Under the Influence Results in Three Vehicle Crash](https://civtrial.com/auto-accidentsgeneral/reckless-driving-while-under-the-influence-results-in-three-vehicle-crash/) - Wrongful death comes calling in many different ways. In this instance, a wrong-way driver introduced the Grim Reaper to an innocent victim. While you might like to think that every other driver on the road is alert and aware and takes great care and caution while driving a deadly vehicle, this is not always the
- [Wrongful Death Lawsuit Filed Against School Over Death Of Nine Year Old Boy](https://civtrial.com/blog/wrongful-death-lawsuit-filed-against-school-over-death-of-nine-year-old-boy/) - Grief knows no bounds when children wrongfully die. This case was heart wrenching for the parents. Unfortunately, the world has come to be a place that is not safe for our children, especially at school. The incidents of harassment and bullying are at an all time high in many American schools. It is actually to
- [Tort "Reform":  Does Governor Perry Not Understand What "Loser Pays" Means Or Is He Trying To Defraud The Texas Public?](https://civtrial.com/news/personal-injury-lawsuits-filing-the-lawsuit/) - Personal Injury Lawsuits: Filing The Lawsuit
- [Bad Weather Leads To Hundreds of Car Wrecks In The Central Texas/I35 Corridor](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/bad-weather-leads-to-hundreds-of-car-wrecks-in-the-central-texasi35-corridor/) - Last night's ice and snow has caused hundreds of auto accidents in the Central Texas/IH35 corridor. Austin reported over 200 car wrecks, including two fatal accidents. In one accident, a 19 year old Plano man, Stephen Kendall, tragically lost his life when his vehicle collided with an 18 wheeler. There was also another fatality at
- [Pedestrians Are Rarely at Fault When Pedestrians and Automobiles Collide](https://civtrial.com/auto/pedestrians-are-rarely-at-fault-when-pedestrians-and-automobiles-collide/) - Unfortunately, car versus pedestrian accidents can result in traumatic brain injury. Traumatic brain injury (TBI) is one of the most devastating injuries a person can sustain. There is no recovery from traumatic brain injury, at least not in the sense that we know it. While TBI may be diagnosed as mild, it will still mean
- [Weather-Related Truck Accidents](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/weather-related-truck-accidents/) - Yesterday, the high here in Austin was 81. Today, and for the rest of the week, the highs will hover around freezing. All because of an arctic air system. Depending on where you are, there will be rain, snow, sleet and ice. What better time to talk about the duties that trucking companies owe in bad weather than now?
- [Austin Scaffold Collapse --- A Case Study](https://civtrial.com/workplace-accidents/austin-scaffold-collapse-a-case-study/) - Yesterday, one worker was killed and another injured when the scaffold they were using collapsed. The workers were maintenane workers for the Retreat at North Bluff apartment complex. They were apparently using a make-shift wooden scaffold for their work. The Occupational Safety and Health Administration is now investigating the incident. If you're involved in such
- [A Harsh Reminder About The Dangers of Texting While Driving](https://civtrial.com/auto-accidentspersonal-injury/a-harsh-reminder-about-the-dangers-of-texting-while-driving/) - Jeanne and Johnny Brown visited Dripping Springs High School yesterday to help make sure that their daughter's life wasn't lost in vain. In 2009, Alex, the Browns' honor student daughter, was killed in a rollover accident as she was driving to school. Alex was texting and driving at the time. Now, the Browns are driving
- [Rick Springfield Suffers A Torn Rotator Cuff In A Motorcycle Accident](https://civtrial.com/news/personal-injury-claims-settlement-or-suit/) - Personal Injury Claim: Settlement or Suit?
- [Austin Street Racing Car Wreck Claims A Life](https://civtrial.com/auto-accidentspersonal-injury/austin-street-racing-car-wreck-claims-a-life/) - Earlier this week, Jose Guadalupe Diaz-Hernandez, a passenger, tragically lost his life in a car wreck that appears to have been the result of street racing. While this death was tragic, it is not uncommon. Last year, two women were killed when they sat at a bus stop and a vehicle that was street racing lost
- [Lawyers May Be Sued When They Are Negligent](https://civtrial.com/legal-malpractice/lawyers-may-be-sued-when-they-are-negligent-2/) - Malpractice doesn’t just apply to doctors and dentists. It may also apply to lawyers. The term “legal malpractice” is a rather broad catch-all phrase that includes a variety of civil liability claims filed against attorneys who breached their duty to clients. There are also rare exceptions when an attorney may also be sued for breaching
- [A Rash of Austin Auto-Pedestrian Crashes](https://civtrial.com/auto-accidentspersonal-injury/a-rash-of-austin-auto-pedestrian-crashes/) - In the last week of 2010, Austin had two fatal auto-pedestrian crashes along I35. On December 30, 2010, Luis Ascencio-Sanchez was run over and killed along the access road IH 35 in North Austin. On the other end of town, Robin Waitt was walking across the southbound lanes of I35 on December 21, 2010 when
- [Happy New Year:  2011 Brings Good News To Texas Car Wreck Victims](https://civtrial.com/auto-accidentsblogpersonal-injurywrongful-death/happy-new-year-2011-brings-good-news-to-texas-car-wreck-victims/) - What good news could there be for victims of car wrecks? It's all about insurance. Beginning January 1, 2011, all new Texas auto insurance policies will require higher minimum limits. What does this mean to auto accident victims? In many cases, it will mean more financial compensation to put the victim a little bit closer to being
- [If You Can't Work Following A Car Wreck, Who Will Pay Your Lost Wages?](https://civtrial.com/auto-accidentspersonal-injury/if-you-cant-work-following-a-car-wreck-who-will-pay-your-lost-wages/) - Today's video answers the question, "If you can't work following a car wreck, who will pay your lost wages?" Who Will Pay My Lost Wages If I Can't Work After A Car Wreck? from brooks schuelke on Vimeo.
- [Bicyclists Beware This Holiday Season](https://civtrial.com/news/sending-the-settlement-package/) - Sending The Settlement Package
- [A Trucking Accident In My Neighborhood](https://civtrial.com/personal-injurytrucking-accidents/a-trucking-accident-in-my-neighborhood/) - It's not every day that a trucking accident occurs in a neighborhood street in my neighborhood. But that's exactly what happened this morning when an 18 wheeler rolled over on Red Bud Trail near Stratford Lane. For those of you familiar with Austin, you know this is a small, windy road. At this point, speculation is
- [You're Cut Off In Traffic And It Leads To A Wreck?  Do You Have A Claim?](https://civtrial.com/auto-accidentspersonal-injury/youre-cut-off-in-traffic-and-it-leads-to-a-wreck-do-you-have-a-claim/) - There was a sad car wreck in New Braunfels this week that led to this post. Two older women were driving on I35 in New Braunfels near Rueckle Road when their car was cut off by a red sedan. The driver swerved to avoid the red sedan, and eventually ended up having a wreck. The two
- [A Trucking Accident Is Not Just A Big Car Wreck Case](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/a-trucking-accident-is-not-just-a-big-car-wreck-case/) - You or a loved one is hurt in a trucking wreck. You go to a lawyer. The lawyer determines that the truck driver was at fault, and because the trucker was working for a company at the time, the trucking company is liable. End of story, right? WRONG! A lot of lawyers treat trucking accidents
- [Avoid Winter's Silent Killer --- Carbon Monoxide Poisoning](https://civtrial.com/personal-injury/avoid-winters-silent-killer-carbon-monoxide-poisoning/) - What you don't know can hurt you. As most of us in the Austin area are starting our heaters in earnest, it's important to be aware of the risks of carbon monoxide poisoning. Carbon monoxide is an odorless, colorless gas that can be produced by a number of appliances, including gas heaters and stoves. Unfortunately,
- [Protect Your Children From Dangerous Toys This Holiday Season](https://civtrial.com/blog/protect-your-children-from-dangerous-toys-this-holiday-season/) - The holiday season is always exciting for children, but the season also poses unexpected risks. Last week, the American Association of Justice released a study to try and help minimize the risk. The study, Playing With Safety: Dangerous Toys and the Role of America's Civil Justice System, discusses some of the dangers and also talks
- [The Heroic Story of Roger Chan --- and What We Can Learn](https://civtrial.com/auto-accidentspersonal-injury/the-heroic-story-of-roger-chan-and-what-we-can-learn/) - Earlier this week, the Austin American Statesman ran a heart-breaking story about Roger Chan. I can't do the story justice, but Mr. Chan was riding his motorcycle to help cook Thanksgiving meals for those in need when he was involved in a horrific motorcycle crash. Despite the injuries Mr. Chan endured, there are a number of things
- [Have A Safe Thanksgiving --- Avoid Becoming A Traffic Fatality Statistic](https://civtrial.com/auto-accidentspersonal-injury/have-a-safe-thanksgiving-avoid-becoming-a-traffic-fatality-statistic/) - Over the river and through the woods....... Thanksgiving. What's it mean to you? Turkey? Stuffing? Napping on the couch? Football? or... Traffic? It's no secret that the Thanksgiving holidays make for busy roads. But it also makes for dangerous roads. Last year, there were over 1,000 serious injuries and 39 fatalities from car wrecks during
- [DePuy ASR Hip Implant Litigation Begins](https://civtrial.com/personal-injury/depuy-asr-hip-implant-litigation-begins/) - Last week, the litigation involving the DePuy ASR hip implants began in earnest as lawyers for claimants and Johnson and Johnson argued whether the federal lawsuits should be coordinated between one judge, and if so, who that judge should be. Going in to the hearing, both sides appeared to agree that the federal suits should
- [Texas Leads The Nation In Drunk Driving Deaths](https://civtrial.com/auto-accidentspremises-liabilitytrucking-accidents/texas-leads-the-nation-in-drunk-driving-deaths/) - As part of his efforts to adopt more strict DWI laws, Austin Police Chief Art Acevedo has been routinely claiming that Texas leads the nation in drunk driving fatalities. Today, the Austin American Statesman and Politifact put that assertion to the test and confirmed that it is mostly true. On a raw numbers count, Texas
- [Is It Wise To Invest My Personal Injury Settlement In An Annuity?](https://civtrial.com/personal-injury/is-it-wise-to-invest-my-personal-injury-settlement-in-an-annuity/) - In the last few weeks, I've been talking to a few potential clients about structured settlements. Structured settlements, often used in large personal injury cases or for settlement of minors' claims, are settlements that pay off in annuities over time instead of the client receiving a one-time payment of settlement proceeds. In cases of minors,
- [A Law School Professor Explains Why You Need A Personal Injury Lawyer](https://civtrial.com/auto-accidentslitigationpersonal-injurypremises-liabilitytrucking-accidents/a-law-school-professor-explains-why-you-need-a-personal-injury-lawyer/) - This week, Jay Feinman, a Distinguished Professor of Law at Rutgers University, was a guest blogger at the TortsProf blog (one of my favorites, and not just because friend and fellow UT alum Bill Childs is one of the authors). In his guest post, Professor Feinman explained one of the shifts in the insurance industry
- [Avoiding Car Wrecks --- Don't Let Road Rage Come Back To Hurt You](https://civtrial.com/auto-accidentspersonal-injury/avoiding-car-wrecks-dont-let-road-rage-come-back-to-hurt-you/) - There was a horrific accident in Temple recently, and investigators are now attributing the victim's injuries to a case of road rage. According to a report in the Temple Daily Telegram, a tractor trailer pulled into a lane in front of a motorcycle. The motorcyclist was apparently upset. The rider pulled into the center lane, passed
- [Texas Equal Access To Justice Foundation --- And I'm Proud Of One Of My Clients](https://civtrial.com/blog/texas-equal-access-to-justice-foundation-and-im-proud-of-one-of-my-clients/) - This is National Pro Bono Week to celebrate attorneys' providing free legal services to those in need. The primary organization that helps fund pro bono services in Texas is the Texas Equal Access To Justice Foundation. Earlier this week, the Texas Equal Access To Justice Foundation hosted its annual Luncheon With The Texas Supreme Court.
- [Driving Safety --- What Car Wreck Risks Do Your Teen Drivers Face?](https://civtrial.com/auto-accidentspersonal-injury/driving-safety-what-car-wreck-risks-do-your-teen-drivers-face/) - It's no secret that teens are more likely to be involved in car wrecks than others, but a new study by the University of Texas helps shed some light on the specifics of those risks. Federal safety experts took data from nearly 7,000 serious car wrecks across the United States, and a team of researchers
- [AAJ:  Litigation Helps Stop Nursing Home Abuse](https://civtrial.com/medical-malpracticepersonal-injury/aaj-litigation-helps-stop-nursing-home-abuse/) - The American Association of Justice (AAJ) has released a new report finding that the civil justice system is the most effective means to combat abuses by nursing homes and insurance companies that target elderly Americans. Now, as a member of the AAJ, I feel free in saying that it might have the potential to be
- [A Huge Win For Personal Injury Victims](https://civtrial.com/auto-accidentspersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/a-huge-win-for-personal-injury-victims/) - I don't normally post about legal opinions because I generally think my readers don't care about the details of claims. But last week, personal injury victims who have Medicare won a huge victory in a federal court. If you read this blog or follow me on Facebook or Twitter, you've heard my gripes about Medicare.
- [Driving While Ability Impaired?  Another DWI Offense In The Making?](https://civtrial.com/auto-accidentspersonal-injury/driving-while-ability-impaired-another-dwi-offense-in-the-making/) - In this morning's Austin American Statesman, the always excellent Mike Ward (and I don't say that just because our daughters are in the same class and Girl Scout Troop) has an article detailing a movement pushing for the adoption of a "DWI Lite" crime. Austin police chief Art Acevedo is among those supporting a new
- [Austin / I35 Trucking Accident Shows The Dangers Of I35](https://civtrial.com/auto-accidentspersonal-injury/austin-i35-trucking-accident-shows-the-dangers-of-i35/) - There was a tragic trucking accident yesterday on I35 near downtown. Around 9:15 a.m., near the 6th-12th street exit on I35, a truck rear-ended another car, and likely caused a four car collision, though investigations are still underway. Courtney Longbotham, of Waco, was killed and several others were seriously injured. The early reports have included speculation that
- [Austin Police Department Fighting Its Own Distracted Driving](https://civtrial.com/auto-accidentspersonal-injury/austin-police-department-fighting-its-own-distracted-driving/) - Seventy-four year old Louis Olivier was seriously injured in a car wreck caused by a distracted police officer. And he's not alone. In the three years from July 1, 2007 and June 30, 2010, Austin Police Department officers were involved in 741 crashes, with nearly 20 percent of these wrecks caused by distracted driving. As
- [Something the Insurance Companies and I Agree About --- The Dangers of Texting While Driving](https://civtrial.com/auto-accidentsblogpersonal-injury/something-the-insurance-companies-and-i-agree-about-the-dangers-of-texting-while-driving/) - It's no secret that personal injury lawyers and insurance companies disagree on a lot. But when we take the time to sit down with one another, we can find a number of areas of common ground. And two recent stories demonstrate that we all agree about the unnecessary dangers of texting while driving. First, I wanted
- [If I'm Entitled To A Rent Car Following A Car Wreck, Whose Insurance Will Pay For It?](https://civtrial.com/auto-accidentspersonal-injury/if-im-entitled-to-a-rent-car-following-a-car-wreck-whose-insurance-will-pay-for-it/) - Today's video answers the question, "If I'm entitled to a rental car following a car wreck, whose insurance will pay for it?" If You Are Entitled To A Rental Vehicle Follow A Car Wreck, Whose Insurance Will Pay For It? from brooks schuelke on Vimeo. As always, these are generalizations based on Texas law. If
- [Former Texas Supreme Court Justice Sued --- When Can A Person Be Sued For Providing Alcohol To Others? (An Important Question For Footall Game-Watching Parties)](https://civtrial.com/auto-accidentspersonal-injury/former-texas-supreme-court-justice-sued-when-can-a-person-be-sued-for-providing-alcohol-to-others-an-important-question-for-footall-game-watching-parties/) - In yesterday's Austin American Statesman, Chuck Lindell wrote an article describing a lawsuit filed against former Texas Supreme Court Justice Tom Phillips. The lawsuit alleges that Phillips and his wife allowed a party to go on at their home where minors were served alcohol and that one of the minors was killed in a
- [What Can You Learn About Brain Injuries And Concussions From The NFL?](https://civtrial.com/auto-accidentsblogpersonal-injury/what-can-you-learn-about-brain-injuries-and-concussions-from-the-nfl/) - Joe Smith, a client, was injured in a wreck. He came to me much later, and we were talking about the changes in his life after his car wreck. He mentioned several things, including the fact that he felt like he was upset with his wife and kids all the time. I asked if he
- [What State Is Succeeding In Reducing Trucking Accidents?](https://civtrial.com/auto-accidentspersonal-injurytrucking-accidents/what-state-is-succeeding-in-reducing-trucking-accidents/) - Kudos to public safety officials in Massachusetts for their hard work in reducing trucking accidents. Three of the biggest safety hazards presented by the trucking industry are (1) too heavy of loads --- which makes it more difficult to safely control the trucks; (2) improperly maintained vehicles; and (3) truckers driving beyond the allowed number
- [Sioux City Sewer Workers --- Another Example of The Dangers Of Working In Confined Spaces](https://civtrial.com/blogpersonal-injuryworkplace-accidents/sioux-city-sewer-workers-another-example-of-the-dangers-of-working-in-confined-spaces/) - What is the most dangerous part of most construction jobs? Working in confined spaces. Confined spaces present a number of dangers, including risks of fire, risks of suffocation, and risk of collapse (particularly in trenching situations). These types of injuries become all too frequent when employers try to cut corners on safety rules. Recently, a
- [Austin Balcony Collapse: A Case Study --- Liability of the Engineer and/or Architect](https://civtrial.com/blogpersonal-injurypremises-liability/austin-balcony-collapse-a-case-study-liability-of-the-engineer-andor-architect/) - Can the engineer or architect who designed the collapsed balcony be sued? Yes. In many cases involving improper construction of a structure, the case against the designer (whether it's an engineer or an architect) may be a better case than the case against the person that owns or is occupying the property. The case against
- [Austin Balcony Collapse:  A Case Study  (UPDATED - Violations Discovered)](https://civtrial.com/personal-injurypremises-liability/austin-balcony-collapse-a-case-study/) - What are the potential lawsuit ramifications of the recent Austin balcony collapse? I thought I'd take part of this week to write a few posts that outline some of the claims against potential defendants in the resulting lawsuits. (If you haven't heard about the tragic collapse, some news stories are embedded below. Thankfully --- and
- [Books For Brooks](https://civtrial.com/blog/books-for-brooks/) - This post is way off-topic, but bear with me. How can you help out some deserving kids while ridding your house of clutter? For the last 3-4 years, my wife and I (with a lot of help from another volunteer) have set-up and run a program where we distribute books to kids at Pickle
- [Weary Truckers Create A Risk For I35 Trucking Accidents](https://civtrial.com/auto-accidentsblogpersonal-injurytrucking-accidents/weary-truckers-create-a-risk-for-i35-trucking-accidents/) - IH 35 is a bit unique in that it spans from the southern border with Mexico to the northern border with Canada. But no matter where you are along the highway, you face a grave danger of being involved in a trucking accident. And yesterday's Minneapolis Star Tribune had a good article, based in large
- [Boating Wreck Results From Violation Of Two Of The Deadly Sins Of Boating](https://civtrial.com/personal-injury/boating-wreck-results-from-violation-of-two-of-the-deadly-sins-of-boating/) - I've spent a fair amount of time this summer writing about boating safety, and I have continually nagged that two o f the biggest boating sins are not knowing the body of water that you're on and not being cautious enough at night. Both of these are critical, and they work together. A lot of
- [Ask Your Personal Injury Lawyer To Visit The Scene Of The Accident (Or What We Can Learn From Jimmy Buffett)](https://civtrial.com/blog/ask-your-personal-injury-lawyer-to-visit-the-scene-of-the-accident-or-what-we-can-learn-from-jimmy-buffett/) - In almost all of my cases, I try to make at least one (and often multiple) trips out to the scene of the accident. Earlier this month, the Winning Trial Advocacy blog had a great post that emphasized the importance of getting out to the scene, and the post was inspired by Jimmy Buffett's lyrics,
- [John Stossel - Tort Reform Hypocrite](https://civtrial.com/blog/john-stossel-tort-reform-hypocrite/) - There is something that Americans love about the story of the hypocrite. The anti-corruption policitian that eventually gets busted for taking bribes; the anti-gay preacher busted for being gay; and John Stossel. Stossel is the tort-reform movement's favorite "journalist" because he's always willing to "report" on the evils of trial lawyers and personal injury suits.
- [Why Groups of People Don't Help Accident Victims (And What To Do About It), Part 1](https://civtrial.com/blog/why-groups-of-people-dont-help-accident-victims-and-what-to-do-about-it-part-1/) - One of the most disturbing stories that we see on the news is the all too frequent story of a person that is hurt or injured and a large group of people just walking or passing by without helping. If you're anything like me, you see the stories of group bystander inaction and think, "How can those
- [What May Cause A Truck To Cross The Median?](https://civtrial.com/blog/what-may-cause-a-truck-to-cross-the-median/) - Interstate 35 between the Laredo border and Dallas may be the most dangerous section of highway in the country. This weekend, there was another example of how it can be so dangerous. Around 9:30 Saturday morning, an 18 wheeler was heading south on I 35 about 45 miles north of Laredo when it crossed the
- [Distracted Driving Problems Extend To Police, Too](https://civtrial.com/blog/distracted-driving-problems-extend-to-police-too/) - I probably have twenty blog posts relating to the problem of distracted driving, but almost all of them focus on private vehicles. But the problem of distracted driving may be most problematic in cars belonging to police officers or other emergency personnel. These vehicles receive a constant stream of information from on-board computers and
- [Celebrate Freedom This Fourth Of July](https://civtrial.com/blog/celebrate-freedom-this-fourth-of-july/) - As I lawyer, I've obviously had some interest in the Elena Kagan confirmation hearings that have been going on this week. While the posturing is old and tiring, the one thing that was most saddening was the disrespect for former Justice Thurgood Marshall. At many points in the proceedings, it appeared more like Marshall was
- [Lawers?  Need Ethics CLE?](https://civtrial.com/blog/lawers-need-ethics-cle/) - Here's a diversion from my normal posts. But this Wednesday, judge-elect Amy Clark Meachum and I will be the speakers for a nationwide webinar, Legal Ethics 2010. The webinar has been approved for 2 hours of CLE credit in 45 of the 50 states, including Texas. I'm not promising it will be fun, but it
- [Think Teens Are The Biggest Texting-While-Driving Threats? Think Again](https://civtrial.com/blog/think-teens-are-the-biggest-texting-while-driving-threats-think-again/) - We all know the stereotype of teens stupidly texting while driving. We all know that older drivers are smart enough not to do that. Don't we? Maybe not. A new poll from Pew Internet found that adults were more likely than teens to text while driving and engage in other distracted driving habits. The poll
- [It's Summer --- Blue Skies, Swimming Pools, and Head Injuries??](https://civtrial.com/blog/its-summer-blue-skies-swimming-pools-and-head-injuries/) - While we're all prepared for the good summer fun, the American Assocation of Neurological Surgeons is reminding us that summer activity-related head injuries are on the rise. Why? The two main causes are bicycling and water sports. The number of biking-related head injuries rose from 70,800 in 2008 to over 85,000 in 2009. And one
- [Boating While Intoxicated & Other Ways To Get Sued While Boating](https://civtrial.com/blog/boating-while-intoxicated-other-ways-to-get-sued-while-boating/) - Like many of you, my family spent part of the Father's Day Weekend boating. While we were out, we saw a number of concerning things: people jumping off of cliffs (without life jackets, of course), drunk passer-by urging the cliff jumpers on (though this did provide a learning moment for my kids about peer pressure), and
- [Beware The Dangers Of Pulling Over On The Side Of The Road](https://civtrial.com/auto-accidentsblog/beware-the-dangers-of-pulling-over-on-the-side-of-the-road/) - I received a news story of a trucking wreck on IH 35 in Oklahoma where two gentlemen, Phillip Martin and Brian Robertson, were having car troubles. They pulled over to the side of the road, got out of their vehicle, and went to sit against the passenger side of their truck in the shade until help
- [Lake Austin Named A Top Boating Destination; But Be Safe While You're There](https://civtrial.com/personal-injury/lake-austin-named-a-top-boating-destination-but-be-safe-while-youre-there/) - Discover Boating recently named Lake Austin as one of the top boating destinations in the country. In ranking Texas as the second best boating state in the country (behind Florida), Discover Boating noted this: Hot Spot: Lake Austin — In the heart of energetic Austin, Lake Austin offers an ideal setting to cruise, waterski,
- [If You're In A Car Wreck, Does It Matter Who The Other Driver's Insurance Company Is?](https://civtrial.com/auto-accidentspersonal-injury/if-youre-in-a-car-wreck-does-it-matter-who-the-other-drivers-insurance-company-is/) - We often know whether a car wreck claim has a chance of being resolved without the necessity of a lawsuit simply by knowing what insurance company insures the other driver. Some insurance companies will make reasonable offers, giving cases a chance to settle, but with other insurance companies we know we're not going to get
- [Republic of Texs (ROT) Biker Rally ; Let's Avoid Any Motorcycle Accidents](https://civtrial.com/auto-accidentsblogpersonal-injury/republic-of-texs-rot-biker-rally-lets-avoid-any-motorcycle-accidents/) - It's one of the biggest weekends in town. Where else do you have 200,000+ motorcycle riders gather? And have concerts featuring Bret Michaels, Blood Sweat & Tears, Blue Oyster Cult & Gallagher? That's right!! This weekend is once again time for the Republic of Texas Biker Rally. And while the bikers like to descend into Austin, and
- [Coming To Our Offices?  Get Off Your Cell Phone](https://civtrial.com/auto-accidentspersonal-injury/coming-to-our-offices-get-off-your-cell-phone/) - In April, I had a post featuring a KXAN story about drivers illegally using cell phones in school zones. At the time, the story focused on drivers breaking the law in front of my kids' school. Now, it gets even closer. Last night, KXAN ran another story about people using cell phones in school zones,
- [Corporations Think Litigation Is Too Lengthy & Costly?  Pot Meet Kettle](https://civtrial.com/blog/corporations-think-litigation-is-too-lengthy-costly-pot-meet-kettle/) - According to a new study conducted for a judicial conference, corporate counsel almost unanimously agree that civil litigation is too expensive, while 90 percent say that it takes too long. I almost laughed when I read that. I'm not sure what type of civil litigation they're referring to, but in almost every case I've been
- [How Dangerous Is Dental Anesthesia In Children?](https://civtrial.com/personal-injury/how-dangerous-is-dental-anesthesia-in-children/) - My friend Steve Lombardi, a personal injury lawyer in Des Moines, had a blog post the other day talking about Children's Safety and Dental Anesthesia. In the post, Steve described a recent incident in Canada where a child died during a dental visit. I hadn't really thought much about the problem so I took a few minutes
- [Car Safety:  Do You Need To Use A Booster Seat Starting June 1?](https://civtrial.com/auto-accidentsblogpersonal-injury/car-safety-do-you-need-to-use-a-booster-seat-starting-june-1/) - On June 1, 2010, Texas Department of Public Safety officers will begin writing tickets for Texas's new booster seat law. The law requires all children under 8, unless they are already 4 foot 9 inches or taller, to ride in a booster seat. Failure to use a booster seat may result in fines of $25
- [Why Should A Bad Driver, A Dangerous Doctor, Or An Unsafe Employer Get A Benefit From Your Health Insurance?](https://civtrial.com/auto-accidentsmedical-malpracticepersonal-injurypremises-liabilitytrucking-accidentsworkplace-accidentswrongful-death/why-should-a-bad-driver-a-dangerous-doctor-or-an-unsafe-employer-get-a-benefit-from-your-health-insurance/) - A recent Ohio Supreme Court decision allows defendants in personal injury cases to introduce evidence that the plaintiff's medical providers "wrote off" charges for the plaintiff's care. Most health insurance companies have agreements with medical providers that the medical providers will accept a reduced amount as payment in full for procedures. For example, in the
- [Car Wrecks Are The Leading Cause Of Teen Deaths](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/car-wrecks-are-the-leading-cause-of-teen-deaths/) - The Centers For Disease Control has released a new study confirming that car wrecks are the leading cause of death among US teens. Every year in the United States, over 16,000 teens between the ages of 12 and 19 die. Nearly 50 percent die in accidents, with car wrecks accounting for nearly one-third of the
- [Learn From A Tragic Golf Cart Wreck](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/learn-from-a-tragic-golf-cart-wreck/) - Over the weekend, Alyssa Bargsley, a student at Hays High School (my alma mater), was killed in a tragic golf cart wreck. Apparently, Ms. Bargsley was standing on the back of the golf cart while the driver, another Hays High School student, was driving. The driver hit a bump, tossing Ms. Bargsley off the cart and
- [Are The Risks Of A High Speed Police Chase Acceptable?](https://civtrial.com/auto-accidentspersonal-injurywrongful-death/are-the-risks-of-a-high-speed-police-chase-acceptable/) - Earlier this week, Eliot Alfred Carvajal, was allegedly driving drunk and led Austin Police Department officers on a police chase (with speeds exceeding 100 miles per hour) that started in North Austin on I35 and ended in a fatal collision in South Austin near Brodie Lane. As the car neared Brodie, Carvajal lost control of the
- [What Is The Typical Personal Injury Settlement When Someone Gets Hurt?](https://civtrial.com/auto-accidentspersonal-injury/what-is-the-typical-personal-injury-settlement-when-someone-gets-hurt/) - This is another post based on a search that someone used to reach our website. In this series of posts, I normally try to answer the question that the person asked. But I'm adamant that an attorney that tries to give you an early answer to this question is doing you a disservice. There are simply too many variables
- [How Safe Is Capital Metro's Rail System?](https://civtrial.com/auto-accidentspersonal-injury/how-safe-is-capital-metros-rail-system/) - Today, the legislative Sunset Advisory Commission released its staff report on the Capital Metro Transportation Authority. Unfortunately, the report raises a number of questions about the safety of the new Capital Metro rail system. The first real safety issue involved the bridges along the rail system. The report notes: Most of the 200 bridges on
- [Some Of The Reasons We Love What We Do](https://civtrial.com/blog/some-of-the-reasons-we-love-what-we-do/) - I'm honored to have been included in this video for Volunteer Legal Services of Central Texas.
- [Slight Medicare Reform:  Help Us Help You](https://civtrial.com/auto-accidentspersonal-injury/slight-medicare-reform-help-us-help-you/) - One of the most frustrating parts of our work is dealing with Medicare. When Medicare pays for accident victims' medical care, the victims have to pay Medicare back for that care out of any settlement or verdict. But it can be an almost impossible tak finding out (1) how much Medicare claims it paid and is owed, and (2)
- [Get Off Your Cell Phone In A School Zone](https://civtrial.com/auto-accidentsblog/get-off-your-cell-phone-in-a-school-zone/) - I was irate when talking to my wife yesterday. I had just dropped my kids off at school and I was heading back to my car when a driver came through the school driveway --- not even a road, but a driveway where a majority of the kids going to school cross --- while talking
- [More On Wrong Way Drivers](https://civtrial.com/auto-accidentspersonal-injury/more-on-wrong-way-drivers/) - After yesterday's post, my friend Steve Lombardi, a Des Moines personal injury lawyer, sent me links to a number of posts on his blog dealing with wrong way drivers. If you're interested in the problem, check out some of Steve's links: Wrong Way Collisions in Iowa Wrong Way Driving On The Interstate Highway Systems Wrong
- [Lawyers, Need Ethics CLE?  Catch My Webinar](https://civtrial.com/bloglegal-malpractice/lawyers-need-ethics-cle-catch-my-webinar/) - On March 31, National Business Institutes is replaying a CLE seminar entitled Legal Ethics 101: Malpractice Prevention and Conflicts of Interest. The speakers are Judge-elect Amy Clark Meachum and me. If you need a couple of ethics hour before the end of the month, listen in.
- [I-37 Bus Wreck Kills Two and Injures Many More;  What Can Be Done About Bus Safety?](https://civtrial.com/auto-accidentsblogpersonal-injury/i-37-bus-wreck-kills-two-and-injures-many-more-what-can-be-done-about-bus-safety/) - Yesterday, an Americanos USA bus overturned on I-37 near San Antonio, killing 62 year old Christina Lozano Campos and 27 year old Efrain Dominguez-Valenzuela and injuring 40 more. Authorities now suspect that a broken drive shaft may be to blame for the wreck. The wreck is reminiscent of the horrific 2008 bus crash in Sherman that killed fifteen passengers, most
- [Let's Hope "Spring Break" Doesn't Refer To The New Capital Metro MetroRail](https://civtrial.com/auto-accidentsblogpersonal-injury/lets-hope-spring-break-doesnt-refer-to-the-new-capital-metro-metrorail/) - There will be few stories bigger in the next couple of week's than Capital Metro's MetroRail finally opening on March 22. The addition of a rail line brings the promise of changing the face of Austin transportation forever. But it also brings risks. Historically, additional of rail to roadways brings an increase in car wrecks. This is
- [Does Austin Have A Street Racing Problem?](https://civtrial.com/blog/does-austin-have-a-street-racing-problem/) - This weekend, one family (including three young kids) lost their mother and another family lost their mother/grandmother because of illegal street racing. Fifty-three year old Maria Gaona De Corona and twenty-eight year old Adriana orales-Catalan were innocently sitting at a bus stop when nineteen year old Erick Armando Nuncio-Moreno blasted towards them, possibly at speeds
- [Trucking Accident Danger:  Sleep Apnea](https://civtrial.com/auto-accidentstrucking-accidents/trucking-accident-danger-sleep-apnea/) - One of the hot topics in trucking news for the last few years has been that of sleep apnea. Sleep apnea is a medical condition that prevents its victims from getting a good night's sleep, ensuring that they are drowsy all day long. You can imagine the dangers that truck drivers with sleep apnea might
- [May A Texas Personal Injury Lawyer Take A Percentage Of A Personal Injury Protection (PIP) Settlement?](https://civtrial.com/auto/may-a-texas-personal-injury-lawyer-take-a-percentage-of-a-personal-injury-protection-pip-settlement/) - From time to time, I look at the ways that people find our website, and this month, someone found the website by a Google search asking whether a personal injury lawyer could take a percentage of a PIP settlement. I don't think I've answered that question on the site, so I thought I would answer
- [New York Times Speaks Out On Work Zone Car Wrecks and Accidents](https://civtrial.com/auto-accidentstrucking-accidents/new-york-times-speaks-out-on-work-zone-car-wrecks-and-accidents/) - One of the most dangerous parts of any drive --- for both motorists and for construction workers --- are highway work zones. Unfortunately, the dangers posed by construction zones do not receive a lot of publicity. Maybe that is changing. Yesterday's New York Times contained a feature article: Efforts Lag at Making Highway Work Zones Safer. Some
- [Injured?  Avoid High-Volume Settlement Mill Attorneys](https://civtrial.com/auto/injured-avoid-high-volume-settlement-mill-attorneys/) - I’ve long warned injured persons about hiring lawyers who engaged in a high-volume mill practice. Now, a Stanford law professor has taken a hard look at settlement mill law firms. Professor Nora Engstrom has authored Run-of-the-Mill Justice in the Fall 2009 issue of the Georgetown Journal of Legal Ethics. "Over the past three decades, no development
- [I'm Still Hurt After A Personal Injury Settlement.   What Do I Do?](https://civtrial.com/personal-injury/im-still-hurt-after-a-personal-injury-settlement-what-do-i-do/) - In the last few days, a couple of people have found our website by making Google searches asking what to do if they're still hurt after their personal injury settlement. The answer in Texas is that they are probably out of luck. We continually warn prospective clients and injured persons that one of the biggest
- [San Antonio Jury Hits Akin Gump With $72.6 Million Verdict](https://civtrial.com/legal-malpractice/san-antonio-jury-hits-akin-gump-with-72-6-million-verdict/) - Last Thursday, a San Antonio jury returned a $72.6 million dollar verdict against Akin, Gump in a case where the plaintiff alleged that the patent lawyers failed to properly obtain patents on a device that the plaintiff invented. The verdict is another in the trend of larger verdicts against large law firms. The American Bar Association publishes a
- [Corporate Lawyers - Advise The Officers And Employees Who You Represent](https://civtrial.com/legal-malpractice/corporate-lawyers-advise-the-officers-and-employees-who-you-represent/) - It's not an uncommon fact pattern. A corporate officer or employee will be testifying at a deposition or in a courtroom with the corporation's lawyer present. The officer/employee says something bad that subjects themeselves to liability. And when things go south, the officer/employee ends up suing the corporation's attorney for not protecting the officer/employee. In such
- [Text Messaging (And Twittering) While Driving](https://civtrial.com/personal-injury/text-messaging-and-twittering-while-driving/) - Regular readers of our blog probably know that some of our most popular posts on the site are posts about text messaging while driving. As a result, early last year, I put together a resource page that gathered several article and studies on texting while driving. Since that time, there have been numerous developments in
- [Ponzi Schemes Make For Strange Bedfellows](https://civtrial.com/legal-malpractice/ponzi-schemes-make-for-strange-bedfellows/) - Lawsuits about Ponzi schemes seem to be all the rage now. At the end of last year, mega-firm Holland & Knight formed a Madoff Advisory Group. The head of the group stated that: Holland & Knight is already assisting a number of companies, financial institutions, charitable foundations and individuals who have been impacted by the
- [Billy Blanks Loses More Than Body Fat](https://civtrial.com/legal-malpractice/billy-blanks-loses-more-than-body-fat/) - In 2005, Tae Bo creator Billy Blanks won a $30 million legal malpractice verdict against Seyfarth Shaw based on allegations that the firm failed to file court papers on time in the right venue. Earlier this week, a California appellate court found that the damage instructions were improper and sent the case back to the
- [Two New Legal Malpractice Opinions Show The Importance Of The Case Within A Case](https://civtrial.com/legal-malpractice/two-new-legal-malpractice-opinions-show-the-importance-of-the-case-within-a-case/) - In the last two weeks, Texas appellate courts have decided two legal malpractice cases on behalf of the attorneys because the client couldn't prove that he would have prevailed in the underlying case. Last Friday, in Hackett v. Littlepage & Booth, 2009 Tex. App. Lexis 1166 (Tex. App. - Austin, Feb. 20, 2009), the Court upheld
- [An Example of Why Legal Malpractice Claims Are So Expensive](https://civtrial.com/legal-malpractice/an-example-of-why-legal-malpractice-claims-are-so-expensive/) - I often have the misfortune of having to explain to prospective clients that even though their previous attorneys had acted in a way that is almost unthinkable, I can't help them because they weren't hurt enough. I have to explain that legal malpractice cases are expensive and that the damages have to be significant to justify the
- [Lawyers - Avoid the Unintended Client](https://civtrial.com/legal-malpractice/lawyers-avoid-the-unintended-client/) - Part of my standard spiel to lawyers on "how to avoid malpractice claims" is for the lawyer to take steps to avoid becoming the unintended lawyer. Any time there are multiple potential parties who think they may rely on the attorney's advice, the attorney needs to clarify in writing who the attorney does and does not represent. This problem can occur in
- [Legal Malpractice By Neglect](https://civtrial.com/legal-malpractice/legal-malpractice-by-neglect/) - A trial last week was a great example of a common malpractice scenario: simple neglect of the file. A jury rendered a $338,000.00 verdict against a lawyer that simply refused to prosecute a worker's compensation claim. According to an article discussing the case, the lawyer was hired, but the case was dismissed for failure to
- [Sometimes Lawyers That Make Errors Can Get Off The Hook](https://civtrial.com/legal-malpractice/sometimes-lawyers-that-make-errors-can-get-off-the-hook/) - The US Eighth Circuit Court of Appeals decided a case yesterday that demonstrates that ethics violations aren't enough in legal malpractice claims. Greatly simplifying the case, the law firm, Dorsey & Whitney, prepared a package of loans for an investment bank. The investment bank sold the package to 32 independent banks who loaned the money to the
- [Blackwater's Legal Malpractice Claim Is Thrown Out Again](https://civtrial.com/legal-malpractice/blackwaters-legal-malpractice-claim-is-thrown-out-again/) - I've chronicled the suit filed by Blackwater against its law firm, Wiley Rein. After losing a suit brought by the families of four employees who were killed in Iraq, Blackwater sued the firm saying that the firm committed legal malpractice by not invoking the proper statute in an effort to remove the suit from state
- [Blackwater's Legal Malpractice Claim Thrown Out](https://civtrial.com/legal-malpractice/blackwaters-legal-malpractice-claim-thrown-out/) - We had earlier reported that defense contractor, Blackwater, filed a legal malpractice case against its law firm for failing to properly remove the case to federal court, where Blackwater thought the wrongful death claims brought against it would be dismissed. Today, the Blog of Legal Times, reports that the legal malpractice claims were dismissed. The
- [Saying "I'm Sorry" To Prevent Legal Mal Claims](https://civtrial.com/legal-malpractice/saying-im-sorry-to-prevent-legal-mal-claims/) - A few weeks ago, I posted portions of a speech I gave that discussed "8 Ways to Avoid Legal Malpractice Claims." Number 5 on that list was: 5. Say "I'm Sorry." If you make a mistake, you have an obligation to tell your client, and in the process, let them know that you're sorry. A simple
- [Another Legal Mal Claim Against Big Law](https://civtrial.com/legal-malpractice/another-legal-mal-claim-against-big-law/) - Mega law firm Quinn Emanuel Urquhart & Hedges has been hit with a legal malpractice lawsuit that claims the firm botched a $48.8 million settlement, even as the firm collected approximately $12 million in contingency fees on the deal. Todd Kurtin hired Quinn Emanuel to represent him in the unwinding of his business relationships. Under
- [New Legal Malpractice Issues At The Texas Supreme Court](https://civtrial.com/legal-malpractice/new-legal-malpractice-issues-at-the-texas-supreme-court/) - Earlier this month, the Texas Supreme Court heard arguments in a legal malpractice case that could have far-reaching implications on damage claims. The case stems from Akin, Gump's representation of National Development & Research Corp. in underlying litigation. NDR hired Akin, Gump to represent it in a lawsuit against some of NDR's business partners. At
- [8 Tips To Avoid Legal Malpractice Claims](https://civtrial.com/legal-malpractice/8-tips-to-avoid-legal-malpractice-claims/) - On November 19, I gave a speech to a joint meeting of the Austin Bar Association's Solo and Small Firm and Women's Lawyer Sections. Part of that speech was 8 ways to avoid legal malpractice claims, and I've been asked by one of the attorneys in attendance to post those tips here. I can't repost
- [A Law Firm Sued 22 Times?](https://civtrial.com/legal-malpractice/a-law-firm-sued-22-times/) - The Poppe Law Firm (who I thought were Louisville personal injury attorneys) have another great legal malpractice post. This time, the post describes an Augusta criminal law firm that has been sued for legal malpractice 23 times. I won't detail the post, but it's worth a read.On a similar topic, we have previously posted on
- [An Attorney Stealing From Clients](https://civtrial.com/legal-malpractice/an-attorney-stealing-from-clients/) - Louisville lawyer Hans Poppe reports today on a Louisville lawyer that has been accused of stealing from his clients. Most notably, a $1 million estate seems to have disappeared. Unfortunately, Mr. Poppe appears to think the case may be an example of what we consider the #1 rule of legal malpractice cases: the attorney's culpability is
- [Legal Malpractice Case Goes To The Jury](https://civtrial.com/legal-malpractice/legal-malpractice-case-goes-to-the-jury/) - We had previously written about Purolite Corporation’s legal malpractice claim against mega-firm Morgan, Lewis & Bockius. The case stems from the firm’s advice on whether Purolite subsidiaries could continue to do business with Cuban companies. Now, after more than two weeks of trial, the case is going to the jury. And the entire case may
- [To Err is Human, Denying It May Not Be So Divine](https://civtrial.com/legal-malpractice/to-err-is-human-denying-it-may-not-be-so-divine/) - I have often said that people often come to me not because they were harmed, but because of the way they were treated after they harmed. For example, a medical malpractice client may come because they can't get a straight answer from the doctor. Or a person injured in an accident may come because they
- [Texas Debates Whether Attorneys Must Disclose Legal Malpractice Insurance Coverage](https://civtrial.com/legal-malpractice/866/) - Today, a Supreme Court of Texas task force is set to vote on a proposal that would require Texas lawyers to disclose to potential clients whether the lawyers carry legal malpractice insurance. Earlier this week, California took another step to adopting a similar requirement. As a legal malpractice attorney, I think the proposal is a
- [Another Legal Malpractice Case Proceeds Against "Big Law"](https://civtrial.com/legal-malpractice/another-legal-malpractice-case-proceeds-against-big-law/) - In New York, a legal malpractice lawsuit is proceeding against mega-firm Paul Hastings. In the suit, an investor hired attorneys from the firm to conduct the due diligence in a $3 million investment. The is now suing alleging that the firm committed legal malpractice by failing to ensure that the investor obtained all the mineral rights
- [Another Lawyer Missing A Deadline](https://civtrial.com/legal-malpractice/another-lawyer-missing-a-deadline/) - A jury handed down a verdict in a Mississippi legal malpractice case this week. The case involves the familiar fact pattern of an attorney failing to file suit prior to the expiration of the statute of limitations. But even worse, it appears the attorney didn't tell the client that the case was dismissed until several
- [Legal Malpractice In The Criminal Context](https://civtrial.com/legal-malpractice/legal-malpractice-in-the-criminal-context/) - To win a legal malpractice claim, a plaintiff must prove that the attorney’s negligence was a proximate cause of the plaintiff’s injuries. For over 15 years, it has been the law in Texas that legal malpractice plaintiffs who have been convicted of a criminal offense cannot establish the proximate cause element unless the plaintiff is
- [Closing Arguments Heat Up In Legal Malpractice Trial](https://civtrial.com/legal-malpractice/closing-arguments-heat-up-in-legal-malpractice-trial/) - In Philadelphia, mega-law firm Duane Morris has found itself as the defendant in a legal malpractice case. In the case, the plaintiff has alleged that Duane Morris negotiated a settlement agreement on the plaintiff's behalf, but failed to make sure that the payments were secured. According to the plaintiff, he received approximately $200,000 of a
- [Recent Texas Legal Malpractice Opinions](https://civtrial.com/legal-malpractice/recent-texas-legal-malpractice-opinions/) - Texas appellate courts have released two new legal malpractice opinions in the last two months. In December, the Dallas Court of Appeals issued an opinion in Murphy v. Gruber, 2007 Tex. App. Lexis 9707 (December 13, 2007). The plaintiff alleged that the defendant law firm acted negligently and breached its fiduciary duties by representing multiple
- [Blackwater Files Legal Malpractice Claim](https://civtrial.com/legal-malpractice/blackwater-files-legal-malpractice-claim/) - Late last week, Blackwater Security filed a legal malpractice claim against Wiley Rain, one of the law firms defending the company in a wrongful death suit brought by four former employees. The reports on the suit make allegations that attorneys, including current White House counsel Fred Fielding, were sloppy in their attempts to have the
- [Legal Malpractice Occurs Everywhere](https://civtrial.com/legal-malpractice/legal-malpractice-occurs-everywhere/) - Legal malpractice cases can arise from any number of unusual situations. A legal malpractice trial started late last week against the Philadelphia firm Morgan, Lewis & Bockius, a 1,400+ lawyer firm. In that case, the firm is being sued by former client Purolite Corp.According to the allegations in the lawsuit, Purolite sought advice from the
- [A Costly Missed Deadline](https://civtrial.com/legal-malpractice/a-costly-missed-deadline/) - The Wall Street Journal Law Blog is reporting on a costly missed deadline. Morrison Foerster, one of the largest law firms in the country, obtained a judgment on behalf of its client, Toshiba America. The judge gave Toshiba 14 days to submit a motion for attorneys’ fees. Unfortunately for the firm, the firm’s courier became stuck
- [Weil Gotshal Sued For Legal Malpractice](https://civtrial.com/legal-malpractice/weil-gotshal-sued-for-legal-malpractice/) - Andrew Bluestone reports in his New York Attorney Malpractice Blog that Weil Gotshal has been sued by a Dallas businessman who claims that the firm took advantage of him while the man was undergoing cancer treatment. You can read more about the case on Bluestone’s post.
- [Arbitration in the Legal Malpractice Context](https://civtrial.com/legal-malpractice/arbitration-in-the-legal-malpractice-context/) - In December, the Texas Supreme Court handed down an important arbitration decision in the context of a legal malpractice case. In Chambers v O’Quinn, 183 former clients sued John O’Quinn in 1999 alleging his firm committed legal malpractice in the representation and settlement of their toxic tort claims. Attorney O’Quinn’s fee contract contained an arbitration
- [Car Wrecks:  How Do I Find Out How Much Insurance ("The Limits") Of The Other Driver](https://civtrial.com/blog/car-wrecks-how-do-i-find-out-how-much-insurance-the-limits-of-the-other-driver/) - It is often important for car wreck victims to know how much insurance the other driver has (we call this "the limits" of insurance). For example, if the victim has a significant amount of medical expenses, knowing the other driver's limits can help you decide when to try and settle the case. If the medical expenses the limits
- [Auto Accident:  From KEYE --- Traffic Fatalities Up & Austin's Most Dangerous Intersections](https://civtrial.com/auto-accidentspersonal-injury/auto-accident-from-keye-traffic-fatalities-up-austins-most-dangerous-intersections/) - Earlier this week, Austin news station KEYE ran a news story detailing the problem of increased traffic fatalities in Austin. Unfortunately, 2012 saw a 42 percent increase in fatalities compared to 2011. That was the biggest jump among major cities in Texas. As part of their research, KEYE also identified the most dangerous intersections in
- [Auto Accidents:  From KEYE--Austin Fatalities Increase & The Worst Intersections In Austin](https://civtrial.com/blog/auto-accidents-from-keye-austin-fatalities-increase-the-worst-intersections-in-austin/) - This week, Austin news station KEYE
- [Why The Fast Track For The Insurance Immunity Act (SB 1628)?](https://civtrial.com/blog/why-the-fast-track-for-the-insurance-immunity-act-sb-1628/) - It's rare that a bill in the Texas legislature is widely panned by the public on both sides of the aisle. SB 1628, the Insurance Immunity Act, seeks to roll back decades of regulations that help protect consumers from unscrupulous insurance companies. Because of that, it has been widely criticized. Consumer advocates are obviously against
- [Does Hiring A Lawyer Pay Off - A Case Study](https://civtrial.com/news/does-hiring-a-lawyer-pay-off-a-case-study/) - One of the common questions personal injury lawyers get is, "Does it pay off to hire a lawyer?" Obviously, I think the answer is a resounding "yes", and recently, I had a case that helped support that. I don't usually take cases after clients have tried to resolve the cases themselves. The clients have usually
- [](https://civtrial.com/news/9450/)

## Pages

- [Litigation Information Center](https://civtrial.com/information-centers/litigation/) - We have compiled information to help guide you in your litigation case. Please contact us if you have specific questions or would like to move forward with a case against your insurance company.
- [Discovery: What Are Interrogatories?](https://civtrial.com/information-centers/litigation/discovery-what-are-interrogatories/) - The first phase of a lawsuit is the written discovery phase. In it, the parties exchange requests for disclosure, interrogatories, requests for production, and maybe rquests for admissions. The initial disclosures (discussed here) is an automatic requirement that parties exchange some basic information about the case. The remaining three discovery tools, while still general sometimes, are more
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- [Does uninsured/underinsured insurance cover hit and run accidents?](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/does-it-cover-hit-and-run-accidents/) - The short answer is “yes.” However, there are special rules governing hit and run claims. The first question is whether it’s a true hit and run. Just because the other driver fails to stop doesn’t make the case a “hit and run” case for uninsured/underinsured coverage purposes. If you are able to track down the
- [Austin Truck Accident Lawyer](https://civtrial.com/home/truck-accidents/) - Truck accidents often leave families facing overwhelming medical bills, physical injuries, and major disruptions to everyday life. When an 18-wheeler or commercial rig is involved, the damage tends to be severe. At Schuelke Law, we understand how quickly trucking companies move to protect themselves after a collision. We work just as fast, securing evidence, guiding
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- [Austin Car Accident Lawyer](https://civtrial.com/home/auto-accidents/) - According to the National Highway Transportation Safety Administration, over 2.5 million people are injured and over 40,000 killed each year on our nation's roadways. Sadly, Texas accounts for ten percent of the nation's fatalities from auto accidents and car wrecks. At Schuelke Law, we have successfully represented numerous individuals in auto accident claims. Unlike many personal
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- [Austin Boat Accident Lawyer](https://civtrial.com/home/austin-boat-accident-lawyer/) - Like many of you, my family likes to spend time out on the water (in fact, my son lives on a sailboat while going to graduate school at the University of Miami). But while we’ve been out boating, we have seen too many boaters engage in risky activities: too much drinking and boating, people driving
- [Jury Questions in a Personal Injury Trial](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/jury-questions-in-a-personal-injury-trial/) - In Texas, juries don’t just decide who they want to win and then award money. Instead, they’re given a series of questions that they answer. The judge then takes those answers, applies the law, and creates the ultimate award. To explain how this works, I’m going to show you the jury instructions in a simple
- [Second Stage of a Personal Injury Lawsuit: Written Discovery Phase](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/second-stage-of-a-personal-injury-lawsuit-written-discovery-phase/) - The second stage of the typical personal injury case is the written discovery phase. In this stage, the parties exchange requests for information. There are four standard methods that are frequently used for this: the request for disclosure, interrogatories, the request for production, and the request for admissions. Initial disclosures require each party to provide basic
- [Basic Stages of a Personal Injury Case](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/) - We know that if you’ve been injured, you want to know what you’re in for. Here are short articles describing the major phases of most personal injury claims. Obviously, each claim is different, so your claim might not follow the process step-by-step, but these are general rules that should help you with a basic understanding
- [Austin Pedestrian Accident Lawyer](https://civtrial.com/home/austin-pedestrian-accident-lawyer/) - Personal injury attorneys hate to see auto-pedestrian accidents. If you or a loved one has been hit by a car, you know that the injuries victims typically sustain in these cases are usually severe. What you don't know are the issues relating to liability. For whatever reasons, stories in auto-pedestrian cases seem to change a lot ---
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- [Austin Wrongful Death Lawyer](https://civtrial.com/home/wrongful-death/) - Unexpectedly losing a loved one is one of the most overwhelming experiences a family can face. Our attorney at Schuelke Law understands how grief, shock, and uncertainty can impact your family’s future. With unwavering focus and dedication, our Austin wrongful death lawyer helps families pursue justice, accountability, and compensation. Our personal injury attorney approaches each
- [Austin Workplace Injury Lawyer](https://civtrial.com/home/workplace-injury/) - If you are injured in an on-the-job accident, you need to speak to a personal injury attorney immediately. Unlike other types of injury claims, on-the-job injuries are affected by the Texas Worker’s Compensation Statutes, and therefore have different rules. Unfortunately, you may unwittingly prejudice yourself and ruin potential claims by accepting different types of benefits
- [Austin Motorcycle Accident Lawyer](https://civtrial.com/home/austin-motorcycle-accident-lawyer/) - People reach out to an attorney for different reasons after a motorcycle crash, but often because everything becomes complicated quickly. You might be trying to figure out how to keep up with medical care, talk with an adjuster who wants immediate information, or manage the stress of being away from work. It can be hard
- [I was involved in an accident with an uninsured driver. What happens now?](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/i-was-involved-in-an-accident-with-an-uninsured-driver-what-happens-now/) - One option you have is to try and sue the uninsured driver. However, if they do not have enough money to pay a settlement the case is not likely to succeed. Thus, it is important to contact an experienced car accident attorney to find out what your legal rights are before assuming you do not have a
- [Wrongful Death Information Center](https://civtrial.com/information-centers/wrongful-death/) - A wrongful act may by intentional, negligent or careless, or reckless. The laws relating to wrongful death are complicated and, while an attorney is familiar with the best ways to obtain the highest possible compensation for your loss, we have also provided materials to help you educate yourself about the process.
- [Personal Injury Information Center](https://civtrial.com/information-centers/personal-injury/) - We have compiled information to help you understand the process of your personal injury case. Please contact us if you have specific questions or would like to move forward with a case against your insurance company.
- [Car Wreck Property Damage Video FAQs](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/) - Car wreck property damage claims seem to be an increasing problem and concern. Generally, the property damage claims — the claims relating to your car damage — are easy to resolve. But recently, I’ve had to file lawsuits in a couple of cases over property damage, and I’ve also received an increasing number of calls
- [Common Traumatic Brain Injury Symptoms](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/) - I often tell clients that they need to be on the lookout for brain injuries. For some head injuries, the problems are obvious. But in many cases, the problems are much more subtle. As a result, many concussions or brain injuries go undiagnosed because a doctor doesn’t know you well and doesn’t see the symptoms. Because of this, it’s
- [Who Are Essential Staff in Texas?](https://civtrial.com/information-centers/personal-injury/who-are-essential-staff-in-texas/) - To combat the coronavirus or COVID-19 outbreak, on March 31, 2020 Governor Greg Abbott issued a statewide order to minimize non-essential gatherings and in-person contact. However, each Texas county is different when it comes to what they determine to be essential services and workers. Governor Abbott said as of April 10, 2020 that he plans
- [Personal Injury Claims: What If My Medical Bills Exceed The Policy Limit](https://civtrial.com/information-centers/personal-injury/personal-injury-claims-what-if-my-medical-bills-exceed-the-policy-limit/) - Whether you have a car wreck, on-the-job injury, slip and fall, or any other personal injury claim, your claim will usually be paid by an insurance company. Unless you have a claim against a large commercial business (think Walmart), then you’re only going to be able to recover from the defendant’s insurance policy.Unfortunately, insurance policies
- [Resolving the Personal Injury Claims of a Minor](https://civtrial.com/information-centers/personal-injury/resolving-the-personal-injury-claims-of-a-minor/) - Many of our clients are minors who have been injured. And those cases (at least in Texas) are treated a little bit differently. The first difference is how the case is settled. For an adult’s claim, the adult simply agrees to the settlement and signs the settlement agreement. The lawsuit, if any, is then dismissed.
- [Personal Injury Claims: What Is Paid v. Incurred?](https://civtrial.com/information-centers/personal-injury/personal-injury-claims-what-is-paid-v-incurred/) - One of the most common fights we’re having in personal injury claims is known as the paid v. incurred fight. In 2003, the legislature passed a law limiting damages in personal injury cases as follows: In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the
- [Is A Company Responsible For A Wreck Caused By One Of Its Employees?](https://civtrial.com/information-centers/personal-injury/is-a-company-responsible-for-a-wreck-caused-by-one-of-its-employees/) - Vicarious liability The first situation is called vicarious liability or respondeat superior. In Texas, an employer is liable for injuries caused by its employee when the wreck happens while the employee is in the course and scope of his employment. Not a hard standard to meet. There are a bunch of cases discussing the grey
- [Your Case Has Settled. What Now? How Are Settlement Proceeds Distributed?](https://civtrial.com/information-centers/personal-injury/your-case-has-settled-what-now-how-are-settlement-proceeds-distributed/) - You settle your case. What happens next? It seems like I’ve been asked this question several times in the last week. Because it’s popping up, I thought I’d use this space to answer the question. Because we have to make payments out of the check (for example, our fees & expenses, payments to health insurance
- [If Bills Are Covered By Health Insurance, Can You Claim That Money In Suit?](https://civtrial.com/information-centers/personal-injury/if-bills-are-covered-by-health-insurance-can-you-claim-that-money-in-suit/) - The short answer is yes A person filing a personal injury lawsuit may seek to recover medical expenses even if those medical expenses were paid through health insurance or some type of other insurance plan. However, there are two very important issues that arise when insurance pays for medical expenses. The first issue is subrogation.
- [Discovery: What Are Initial Disclosures?](https://civtrial.com/information-centers/litigation/discovery-what-are-initial-disclosures/) - We have a lot of discussion with our clients and on this website about the phases of a case, and on the website, we always tell people that the first phase of the case is the written discovery phase. The written discovery phase of the case is the part of the case where the parties
- [Litigation: Preparing For Your Deposition](https://civtrial.com/information-centers/litigation/litigation-preparing-for-your-deposition/) - Once your case has reached the litigation stage, perhaps the most important step is your deposition. You can never really “win” a deposition — except in the extremely rare case, you’re not going to convince the other side that you’re right. But you can certainly “lose” a deposition — provide testimony that can gut your case
- [Discovery: What Are Requests For Production?](https://civtrial.com/information-centers/litigation/discovery-what-are-requests-for-production/) - This is the final example in the discovery series. So far, we’ve looked at a initial disclosures and interrogatories. Now, we look at requests for production. Requests for production are document requests — one side requests the other side to produce documents relevant to the case. Unlike interrogatories, there are no hard limits on the number of requests
- [What To Do After a Car Wreck](https://civtrial.com/information-centers/car-accident/what-to-do-after-a-car-wreck/) - Following a car wreck, people are usually in a panic about what to do. But your actions following a car wreck can make a difference in your recovery in any future claim. Therefore, it’s important to know what to do in the days and weeks following your wreck. AT THE SCENE: In some accidents, your
- [What Should I Bring To My First Meeting With A Lawyer?](https://civtrial.com/information-centers/car-accident/what-should-i-bring-to-my-first-meeting-with-a-lawyer/) - You should bring everything you think is relevant, and probably more. We always want too much information rather than not enough. In an automobile accident claim, you should consider bringing the following: 1. ACCIDENT REPORT. In most car wreck cases, you’ll have either the short blue or brown form filled out by the parties at the
- [What Does “Policy Limits” Mean?](https://civtrial.com/information-centers/car-accident/what-does-policy-limits-mean/) - Whether talking to clients or providing information on this website, we often talk about the other driver’s “policy limits.” What does that phrase mean? Every insurance policy has a maximum amount that the insurance company will be required to pay, regardless of the severity of the injuries suffered by people in the wreck. This maximum
- [Preparing For Your Personal Injury Mediation](https://civtrial.com/information-centers/car-accident/preparing-for-your-personal-injury-mediation/) - In Texas, most cases are required to go through mediation before they can proceed to trial. Some lawyers just tell their clients to show up, but I’m a strong believer in the idea that if you’re prepared for the mediation, you’ll be able to make much better decisions about your case. Here are some tips to
- [Why won't the insurance company pay for my property damage claim?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/why-wont-the-insurance-company-pay-for-my-property-damage-claim/) - Why isn’t the insurance company paying for the damage to my car? The short answer is, because they’re an insurance company. That’s not to be flippant, but it’s the truth. If you were making a claim against another driver’s insurance company, that insurance company doesn’t owe any duties to you. What it does want to
- [If I'm in a car wreck, what insurance will pay for my medical expenses?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/if-im-in-a-car-wreck-what-insurance-will-pay-for-my-medical-expenses/) - Who will pay for my medical expenses? Generally, if you make a claim against another driver, and they have insurance, their insurance company will pay and reimburse you for the medical expenses that you incur. However, in most cases, that payment doesn’t occur until the entire claim is settled. If you are looking for immediate
- [What if the other driver doesn't have enough insurance?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/what-if-the-other-driver-doesnt-have-enough-insurance/) - Today’s question for the car wreck property damage video series is, “What if the other driver doesn’t have enough insurance?” Unfortunately, this is a question that you ought to addres before a wreck, because after a wreck, there’s not much you can do. What should I do if the owner of the car that hit
- [If a car wreck totals my new car, is the insurance company required to provide another new car?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/if-a-car-wreck-totals-my-new-car-is-the-insurance-company-required-to-provide-another-new-car/) - If I have a new car and I’m in a collision, am I entitled to get another new car? The answer in Texas, unfortunately, is no. Under the state of the law, the insurance company of the driver that hit you is only obligated to provide you with the value of the car, and in
- [If I'm in a wreck and I owe more than my car is worth, what do I do?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/if-im-in-a-wreck-and-i-owe-more-than-my-car-is-worth-what-do-i-do/) - I owe more on my car loan than what my car is worth, what do I do? Too often, a client is what we call “upside-down” on their loan — the loan is more than what the car is worth. Unfortunately, the client may get into a collision, and then the insurance company is only
- [If I'm in a wreck, will the other driver's insurance company provide me with a rental car?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/if-im-in-a-wreck-will-the-other-drivers-insurance-company-provide-me-with-a-rental-car/) - Am I entitled to a rental car after a collision? Not surprisingly, the answer is, “it depends.” After a wreck, there can be two decisions about how to proceed on your vehicle. First, if the value of the vehicle is such that the cost of repairs exceeds what the car is worth, then it’s what
- [After a car wreck, am I entitled to compensation for the reduced value of my car?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/after-a-car-wreck-am-i-entitled-to-compensation-for-the-reduced-value-of-my-car/) - The answer, if you’re making a claim against another driver, is “yes.” And we call those claims diminished value claims. The problem is trying to determine the diminished value of your car. In the past, we’ve had to go to dealers or used car lots and try to get opinions from workers there. But now
- [Auto Insurance Basics](https://civtrial.com/information-centers/car-accident/auto-insurance-basics/) - Many times, how we proceed in a case and the value of the case are governed by the amount and type of insurance available. Thus, it’s important to know some basic information about auto insurance so you can understand how those decisions are being made. Keep in mind that this is basic information. There are
- [UM/UIM Coverage FAQs](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/) - Uninsured/underinsured motorist coverage is a type of insurance that you may buy when you purchase your own car insurance. It is designed to protect you when you are involved in an accident caused by a driver who doesn’t have insurance or doesn’t have enough insurance to fully compensate you for all of your injuries. If
- [Does Your UM/UIM Insurance Cover You While Riding A Bicycle Or Walking?](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/does-your-um-uim-insurance-cover-you-while-riding-a-bicycle-or-walking/) - Far too few personal injury lawyers are aware that if you (or perhaps more importantly, your children and other family members) are injured by an uninsured or underinsured driver while riding your bicycle or walking (or doing most anything else), then you can probably make a claim against your UM/UIM coverage. When looking at your
- [Car Accident Information Center](https://civtrial.com/information-centers/car-accident/) - We are tired of seeing car wreck victims being taken advantage of by insurance companies, medical providers, and other lawyers. That’s why we’re doing what we can to help you avoid those problems. We have compiled information about what you can do after a car accident, as well as answers to some frequently asked questions
- [Who may bring a wrongful death claim?](https://civtrial.com/information-centers/wrongful-death/who-may-bring-a-wrongful-death-claim/) - Wrongful death claims are governed by the Texas Wrongful Death and Survival statute. The statute only allows recovery for a specific group of people: the surviving spouse, any surviving children, any surviving parents, and the deceased’s estate. While these categories may seem simple, there are several issues associated for each. For example, a surviving spouse
- [What Damages May Be Recovered in a Death Claim](https://civtrial.com/information-centers/wrongful-death/what-damages-may-be-recovered-in-a-death-claim/) - The wrongful death statute is very specific about what damages may be recovered in a wrongful death or survival claim. Surviving Spouse. A surviving spouse may recover the following damages in a death claim: 1. Pecuniary loss — the loss of the care, maintenance, support, services, and advice the spouse would have received from the deceased
- [Present Value Calculation for Death Compensation](https://civtrial.com/information-centers/wrongful-death/present-value-calculation-for-death-compensation/) - One of the most confusing things about wrongful death compensation is how it is calculated. It’s hard enough to handle the fact that you suddenly lost a loved one due to the negligence of another, let alone understand how to calculate wrongful death compensation. These cases definitely need the skill of an experienced Austin personal
- [How Do I Make An Uninsured/Underinsured Motorist Claim?](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/how-do-i-make-an-uninsured-underinsured-motorist-claim/) - Initiating your uninsured/underinsured motorist claim is not difficult. First, you will need to set up the claim. The easiest way to do this is to call the claims number your insurance company provides. This should be on your insurance card, or you can find it on the Internet. The insurance company will then begin investigating
- [Fourth Stage of a Personal Injury Lawsuit: Mediation](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/fourth-stage-of-a-personal-injury-lawsuit-mediation/) - The fourth stage of a typical personal injury case is mediation. Mediation is an assisted settlement conference. The participants in the mediation usually include the plaintiff, the plaintiff’s lawyer, the defendant’s lawyer, the insurance adjuster, and the mediator. In many mediations, the parties gather together for an opening caucus. During that time, the mediator gives
- [First Stage of a Personal Injury Lawsuit: Filing](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/first-stage-of-a-personal-injury-lawsuit-filing/) - There are generally five stages to a lawsuit, at least from the client’s perspective. The first stage is the filing the lawsuit stage. The second stage is the written discovery stage. The third stage is the deposition stage. The fourth is the mediation stage. The fifth is the trial stage. The first stage is generally
- [First Stage of a Personal Injury Claim: Investigation & Healing](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/first-stage-of-a-personal-injury-claim-investigation-healing/) - In most cases, our clients come in to see us shortly after their accident. Both of us have jobs at that point. You get better and document injuries You have two main jobs: to get better and to document your injuries. You get better by going to your medical providers, following their advice, and doing what
- [Phases of a Personal Injury Trial](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/phases-of-a-personal-injury-trial/) - As we’ve mentioned previously, one of our goals is to make sure our potential clients and clients know as much as possible about the process so that they can make informed decisions along the way. We previously discussed the phases of a personal injury claim. This piece describes the phases of the actual personal injury trial.
- [Second Stage of a Personal Injury Claim: Gathering Records and Negotiation](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/second-stage-of-a-personal-injury-claim-gathering-records-and-negotiation/) - In most cases, the second stage of the case is the record-gathering phase. After you complete treatment (when you have healed or you have improved as much as you’re going to improve), the next step is for our office to gather all of your medical records and bills. Take care and be patient I'll be
- [Third Stage of a Personal Injury Lawsuit: Depositions](https://civtrial.com/information-centers/personal-injury/basic-stages-of-a-personal-injury-case/third-stage-of-a-personal-injury-lawsuit-depositions/) - The third stage of the typical personal injury case is the deposition. The first two depositions usually taken are of you and of the other party. For your deposition, we will typically be in one of our conference rooms. Generally, you, me, the other attorney (or attorneys, depending on the number of parties), and the
- [Types of Personal Injury Claims](https://civtrial.com/information-centers/personal-injury/types-of-personal-injury-claims/) - 1. General Negligence The most common type of Texas personal injury claim is a negligence claim. To win, an injured person must prove four things: (1) the defendant owed the plaintiff a duty of care; (2) the defendant failed to meet the standard of care; (3) the defendant’s failure caused injuries, which were foreseeable; and
- [What Is My Car Worth?](https://civtrial.com/information-centers/car-accident/car-wreck-property-damage-video-faqs/what-is-my-car-worth/) - Today is the second part of our video series related to car wreck property damage claims. When negotiating with the insurance company, it’s important to know the value of your car. In today’s short video, I discuss how you can learn what your car is worth. What Is My Car Worth? from brooks schuelke on Vimeo. And just know
- [What Happens If I’m Hit By An Uninsured Or Underinsured Motorist While In Someone Else’s Car?](https://civtrial.com/information-centers/car-accident/um-uim-coverage-faqs/what-happens-if-im-hit-by-an-uninsured-or-underinsured-motorist-while-in-someone-elses-car/) - This is a pretty common situation. You’re a passenger in a car driven by a friend, and you’re hit by an underinsured motorist. Or, you’re driving a friend’s car or a company car, and you’re hit by an uninsured motorist. What happens? Where do you look for coverage? In these situations, there are two primary
- [Speech and Language Problems](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/speech-and-language-problems/) - After a car wreck or other accident, brain injuries are often overlooked because your doctors don’t know your personality, your emotional state, or how your mind worked before the injury. You or your family members are often the first to notice changes. This series is meant to help you recognize the symptoms of a traumatic
- [Pain Disorders](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/pain-disorders/) - I tell clients all the time: doctors can miss brain injuries because they don’t know your baseline — how you think, feel, or handle daily life. That’s why you and your loved ones need to pay attention to the warning signs. This series is designed to help you spot the symptoms of a traumatic brain
- [Neurological Disorders](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/neurological-disorders/) - Brain injuries often go undiagnosed after a wreck or accident because doctors don’t have a clear picture of who you were before the injury. A lot of the time, it’s your observations — or your family’s — that make the difference. This series is meant to show you what to look for so you get
- [Cognitive Problems](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/cognitive-problems/) - I often tell clients that brain injuries are easy to miss after a car wreck or accident. Doctors usually don’t know you well enough to notice changes in how you think, feel, or act. That means it’s up to you or your family to watch for symptoms and let your doctor know — and that’s
- [Behavioral and Emotional Symptoms](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/behavioral-and-emotional-symptoms/) - I often remind clients that brain injuries can go unnoticed after car wrecks or other accidents, because doctors usually don’t have enough context to compare your pre-injury and post-injury mental, emotional, and personality changes. That means it often falls to you or your loved ones to recognize the signs of a brain injury and communicate
- [Balance, Dizziness, Smelling, Hearing & Vision Issues](https://civtrial.com/information-centers/personal-injury/common-traumatic-brain-injury-symptoms/balance-dizziness-smelling-hearing-vision-issues/) - As I repeatedly tell clients, brain injuries often go undiagnosed following car wrecks or other accidents because doctors don’t usually know you well enough to make a pre-injury and post-injury comparison of your intelligence, emotional well-being, and general personality. As a result, it’s often up to you or your family members to notice the symptoms of
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- [Austin Dog Bite Lawyer](https://civtrial.com/home/dog-attacks/) - If you have been injured in a dog attack or have sustained injuries as a result of another type of animal attack, then you may be able to seek compensation for your losses. Compensation can be obtained for costs of medical care, lost earnings, and pain and mental anguish. Dog and animal attacks are terrifying,
- [Austin Traumatic Brain Injury Lawyer](https://civtrial.com/brain-injuries/) - Were you in an accident? Do you have trouble remembering things or coming up with words since then? Or has your personality changed? Are you short with your spouse or children? Or do you feel less coordinated and more clumsy? If you answered "yes" to any of these questions, then you might have suffered a brain injury
- [Referrals](https://civtrial.com/referrals/) - LET US BE YOUR PERSONAL INJURY DEPARTMENT As the economy tightens up, and the practice of law has become more difficult in many practice areas, we know many attorneys need an alternate revenue stream. If you find yourself in that situation, don’t overlook the possibility of receiving referral fees. Our firm is willing to pay
- [Austin Premises Liability Lawyer](https://civtrial.com/home/premises-liability/) - Premises liability claims — claims made when you are injured by a dangerous condition on someone else's property — are all too common. The most popular types of premises liability claims occur when you trip or slip and fall on something in a walkway --- a wet spot that wasn't mopped up, a crack in a
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- [Uninsured/Underinsured Car Accidents in Austin](https://civtrial.com/home/auto-accidents/underinsured-motorists/) - What do you do if you’re in a wreck with a driver who doesn’t have insurance or doesn’t have enough insurance to cover your damages? In Texas, one of the potential answers is uninsured/underinsured motorist coverage. If you purchase it, your insurance company will help pay for your damages, up to the limits of the
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- [Tips for Handling an Austin Personal Injury Claim](https://civtrial.com/home/procedural-steps/tips-for-handling-your-texas-personal-injury-claim/) - Even a small mistake can affect the outcome of a personal injury claim. Working with an attorney throughout the claims process can improve your chances of a fair recovery. Read on to learn key tips for handling an Austin personal injury claim, and contact Schuelke Law today. What To Do To Strengthen Your Personal Injury
- [Personal Injury Case Process in Austin](https://civtrial.com/home/procedural-steps/) - Navigating the personal injury case process in Austin can feel overwhelming. Every stage has its own purpose and timeline, and having an experienced personal injury attorney by your side could make a significant difference in getting a fair outcome. Understanding Each Stage Understanding what happens at each stage in the personal injury claims process in
- [Damages in Austin Personal Injury Claims](https://civtrial.com/home/procedural-steps/damages-that-may-be-recovered-in-texas-personal-injury-claims/) - Learn about the damages in Austin personal injury claims, and contact us today if you need help navigating the personal injury claims process. Types of Damages You Could Recover Here are some of the common types of damages in personal injury claims in Austin: Reasonable Expenses for Necessary Medical Care To be entitled to reimbursement
- [Subrogation in Austin Personal Injury Cases](https://civtrial.com/home/procedural-steps/personal-injury-subrogation-primer/) - One of the most complicated and frustrating issues facing clients and personal injury attorneys is subrogation in Austin personal injury cases. This is particularly true for those of us who practice in Texas, where courts have established more stringent rules for plaintiffs. It’s not uncommon for personal injury attorneys to spend more time trying to resolve
- [Austin Mediation Lawyer](https://civtrial.com/austin-mediation-lawyer/) - In cases where preservation of the parties’ relationship is not a goal, such as mediations involving insurance and corporate defendants, I see my job as helping the parties remove barriers that impede them from considering solutions that will be more favorable than further litigation. This means not only drawing on my 25+ years as a
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- [Types of Texas Personal Injury Claims](https://civtrial.com/types-of-texas-personal-injury-claims/) - Types of Texas Personal Injury Claims 1. General Negligence The most common type of Texas personal injury claim is a negligence claim. To win, an injured person must prove four things: (1) the defendant owed the plaintiff a duty of care; (2) the defendant failed to meet the standard of care; (3) the defendant’s failure

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- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Early Saturday|I35|IH 35|Interstate 35|Wrong Way Drivers](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerearly-saturdayi35ih-35interstate-35wrong-way-drivers/)
- [Austin Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Trucking Accidents|Wrongful Death](https://civtrial.com/tag/austin-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyertrucking-accidentswrongful-death/)
- [Austin Personal Injury Lawyer|Brodie Lane|Drunk Driving|Eliot Alfred Carvajal|Fayette County|I35|IH 35|Interstate 35|pedestrian|police chase|South Austin|SUV|USA](https://civtrial.com/tag/austin-personal-injury-lawyerbrodie-lanedrunk-drivingeliot-alfred-carvajalfayette-countyi35ih-35interstate-35pedestrianpolice-chasesouth-austinsuvusa/)
- [Personal Injury|Ron Miller|Wrongful Death|Wrongful Death Compensation](https://civtrial.com/tag/personal-injuryron-millerwrongful-deathwrongful-death-compensation/)
- [Austin Personal Injury Lawyer|Central Texas|Trucking Accidents|Wrongful Death](https://civtrial.com/tag/austin-personal-injury-lawyercentral-texastrucking-accidentswrongful-death/)
- [Alyssa Bargsley|Austin Personal Injury Lawyer|Hays High School|injuries|Insurance|Wrongful Death](https://civtrial.com/tag/alyssa-bargsleyaustin-personal-injury-lawyerhays-high-schoolinjuriesinsurancewrongful-death/)
- [Austin Accident Lawyer|texting while driving](https://civtrial.com/tag/austin-accident-lawyertexting-while-driving/)
- [Austin Personal Injury Lawyer|injuries|New York|New York Times|Schuelke Road|work zone accidents|Wrongful Death](https://civtrial.com/tag/austin-personal-injury-lawyerinjuriesnew-yorknew-york-timesschuelke-roadwork-zone-accidentswrongful-death/)
- [Austin Injury Lawyer|Canada|Child Anesthesia|Dental Anesthesia|Des Moines|Kevin Donly|San Antonio|Steve Lombardi|Virginia Commonwealth University](https://civtrial.com/tag/austin-injury-lawyercanadachild-anesthesiadental-anesthesiades-moineskevin-donlysan-antoniosteve-lombardivirginia-commonwealth-university/)
- [car wreck](https://civtrial.com/tag/car-wreck/)
- [Austin Accident Lawyer|auto accidents; car wrecks; personal injury lawyer|I35|IH 35|Interstate 35](https://civtrial.com/tag/austin-accident-lawyerauto-accidents-car-wrecks-personal-injury-lawyeri35ih-35interstate-35/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyer/)
- [boating safety|KXAN|Lake Austin|Lake Travis|Memorial Day|Memorial Day Weekend|Please Don|Safe Boating Weekend](https://civtrial.com/tag/boating-safetykxanlake-austinlake-travismemorial-daymemorial-day-weekendplease-donsafe-boating-weekend/)
- [Austin Personal Injury Lawyer|I35|IH 35|Interstate 35](https://civtrial.com/tag/austin-personal-injury-lawyeri35ih-35interstate-35/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|motorcycle accidents](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyermotorcycle-accidents/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Trucking Accidents|worksite injury|Wrongful Death](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyertrucking-accidentsworksite-injurywrongful-death/)
- [Austin Accident Lawyer|Austin Injury Lawyer|auto accidents; car wrecks; personal injury lawyer](https://civtrial.com/tag/austin-accident-lawyeraustin-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyer/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Austin Personal Injury|Austin personal injury attorney|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyeraustin-personal-injuryaustin-personal-injury-attorneyaustin-personal-injury-lawyer/)
- [Austin Personal Attorney|Austin Personal Injury|boat accidents|Discover Boating|GPS|Hot Spot Lake Austin|KXAN|Lake Austin|LBJ](https://civtrial.com/tag/austin-personal-attorneyaustin-personal-injuryboat-accidentsdiscover-boatinggpshot-spot-lake-austinkxanlake-austinlbj/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|I35|IH|IH 35|Interstate 35|trucking accident](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyeri35ihih-35interstate-35trucking-accident/)
- [head injuries|injuries|texting while driving](https://civtrial.com/tag/head-injuriesinjuriestexting-while-driving/)
- [ACCIDENT|Austin Personal Attorney|Auto Accidents|AVOIDING|Capital Metro|CLAIM|KXAN|pedestrian|RUIN|School Bus Safety|TEXAS](https://civtrial.com/tag/accidentaustin-personal-attorneyauto-accidentsavoidingcapital-metroclaimkxanpedestrianruinschool-bus-safetytexas/)
- [Pew Internet|texting while driving](https://civtrial.com/tag/pew-internettexting-while-driving/)
- [car wrecks|Dallas Examiner|Jason Cox|San Antonio|texting while driving|Truck Industry Examiner|trucking accident|US](https://civtrial.com/tag/car-wrecksdallas-examinerjason-coxsan-antoniotexting-while-drivingtruck-industry-examinertrucking-accidentus/)
- [Jimmy Buffett|John Day|Personal Injury|Winning Trial Advocacy](https://civtrial.com/tag/jimmy-buffettjohn-daypersonal-injurywinning-trial-advocacy/)
- [Austin Accident Lawyer|Austin Injury Lawyer](https://civtrial.com/tag/austin-accident-lawyeraustin-injury-lawyer/)
- [injuries|UPDATE](https://civtrial.com/tag/injuriesupdate/)
- [Austin Personal Injury|Austin Personal Injury Lawyer|confined space dangers|Des Moines|injuries|IOSH|North Sioux City|OSHA|SD|Sioux City|Sioux City Sewer workers|Sioux Sewer Death|worksite injury](https://civtrial.com/tag/austin-personal-injuryaustin-personal-injury-lawyerconfined-space-dangersdes-moinesinjuriesioshnorth-sioux-cityoshasdsioux-citysioux-city-sewer-workerssioux-sewer-deathworksite-injury/)
- [Austin Personal Injury Lawyer|Auto Accidents|car wrecks|I35|Trucking Accidents](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentscar-wrecksi35trucking-accidents/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|brain injury|car wrecks|concussion](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyerbrain-injurycar-wrecksconcussion/)
- [Austin Personal Injury Lawyer|auto accident|car wreck](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentcar-wreck/)
- [Austin Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Delco Center|football|Insurance|KXAN|State Farm|texting while driving](https://civtrial.com/tag/austin-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerdelco-centerfootballinsurancekxanstate-farmtexting-while-driving/)
- [Austin Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Distracted Driving](https://civtrial.com/tag/austin-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerdistracted-driving/)
- [Del Valle|Dell Children Medical Center|EMS|injuries|KXAN|Pat Crocker|Rene Nunez Lemus|Texas Education Agency](https://civtrial.com/tag/del-valledell-children-medical-centeremsinjurieskxanpat-crockerrene-nunez-lemustexas-education-agency/)
- [Austin accident attorney|Austin Injury Lawyer|construction accidents|on-the-job accidents](https://civtrial.com/tag/austin-accident-attorneyaustin-injury-lawyerconstruction-accidentson-the-job-accidents/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Courtney Longbotham|I35|trucking accident](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyercourtney-longbothami35trucking-accident/)
- [Medicare|Personal Injury](https://civtrial.com/tag/medicarepersonal-injury/)
- [wrong site surgery](https://civtrial.com/tag/wrong-site-surgery/)
- [DePuy ASR Hip Implants|product liability](https://civtrial.com/tag/depuy-asr-hip-implantsproduct-liability/)
- [Austin American Statesman|injuries|Roger Chan](https://civtrial.com/tag/austin-american-statesmaninjuriesroger-chan/)
- [Balloons Children|Consumer Product Safety Commission|injuries](https://civtrial.com/tag/balloons-childrenconsumer-product-safety-commissioninjuries/)
- [Austin Personal Injury Lawyer|auto accident|hit and run|Nuckols Crossing Road|pedestrian|underinsured|underinsured motorist|uninsured|UPDATE](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidenthit-and-runnuckols-crossing-roadpedestrianunderinsuredunderinsured-motoristuninsuredupdate/)
- [Austin Personal Injury Lawyer|carbon monoxide poisoning|defective appliances|product defects](https://civtrial.com/tag/austin-personal-injury-lawyercarbon-monoxide-poisoningdefective-appliancesproduct-defects/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|car wreck|car wrecks|Miller Zois|WRONG](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyercar-wreckcar-wrecksmiller-zoiswrong/)
- [Auto Accidents|auto accidents; car wrecks; personal injury lawyer|car wreck|I35|injuries|Interstate 35|New Braunfels|Rueckle Road|San Antonio|underinsured|underinsured motorist|uninsured](https://civtrial.com/tag/auto-accidentsauto-accidents-car-wrecks-personal-injury-lawyercar-wrecki35injuriesinterstate-35new-braunfelsrueckle-roadsan-antoniounderinsuredunderinsured-motoristuninsured/)
- [Red Bud Trail|Stratford Lane|trucking accident](https://civtrial.com/tag/red-bud-trailstratford-lanetrucking-accident/)
- [Austin Personal Injury Lawyer|brain injury|concussion](https://civtrial.com/tag/austin-personal-injury-lawyerbrain-injuryconcussion/)
- [Austin Personal Injury Lawyer|auto accident|car wreck|lost wages|personal injury protection](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentcar-wrecklost-wagespersonal-injury-protection/)
- [Austin Personal Injury|Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|street racing](https://civtrial.com/tag/austin-personal-injuryaustin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerstreet-racing/)
- [Bishal Anand|car wreck|car wrecks|Carl Bonn|Rudy Cruz](https://civtrial.com/tag/bishal-anandcar-wreckcar-wreckscarl-bonnrudy-cruz/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|hit and run|I35|IH 35|Interstate 35](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerhit-and-runi35ih-35interstate-35/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|texting while driving](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyertexting-while-driving/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|motorcycle accidents](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyermotorcycle-accidents/)
- [Austin Personal Injury Lawyer|on-the-job injury|scaffold injuries](https://civtrial.com/tag/austin-personal-injury-lawyeron-the-job-injuryscaffold-injuries/)
- [Austin Personal Injury Lawyer|auto accident|product defects|product liability](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentproduct-defectsproduct-liability/)
- [Austin Accident Lawyer|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-lawyeraustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- [Austin Personal Injury Lawyer|car wreck|car wrecks](https://civtrial.com/tag/austin-personal-injury-lawyercar-wreckcar-wrecks/)
- [Austin Personal Injury|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|AVOIDING|car wrecks|Comal County|I35|MISTAKES|New Braunfels|RUIN|San Antonio](https://civtrial.com/tag/austin-personal-injuryauto-accident-trucking-accident-i35-austin-personal-injury-lawyeravoidingcar-wreckscomal-countyi35mistakesnew-braunfelsruinsan-antonio/)
- [tort reform](https://civtrial.com/tag/tort-reform/)
- [Austin Personal Injury Lawyer|auto-pedestrian accidents|pedestrian|Pleasant Valley|Riverside Drive|underinsured|uninsured|Willow Creek](https://civtrial.com/tag/austin-personal-injury-lawyerauto-pedestrian-accidentspedestrianpleasant-valleyriverside-driveunderinsureduninsuredwillow-creek/)
- [Cayman Islands|Mack Brown|Rum Point|Seven Mile Beach|Smith Cove|Today Cayman News Service|tort reform|UT](https://civtrial.com/tag/cayman-islandsmack-brownrum-pointseven-mile-beachsmith-covetoday-cayman-news-servicetort-reformut/)
- [Austin Personal Injury|auto accidents; car wrecks; personal injury lawyer|Wrong Way Drivers](https://civtrial.com/tag/austin-personal-injuryauto-accidents-car-wrecks-personal-injury-lawyerwrong-way-drivers/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Trucking Accidents](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyertrucking-accidents/)
- [Alex Brown|Austin personal injury attorney|Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|House Transportation Committee|texting while driving](https://civtrial.com/tag/alex-brownaustin-personal-injury-attorneyaustin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerhouse-transportation-committeetexting-while-driving/)
- [Austin Personal Injury Lawyer|auto accident|Central Texas|Drunk Driving|I35|IH|IH 35|Interstate 35|Officer Brown|Officer Stephanie Brown|San Antonio|Wrong Way Drivers](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentcentral-texasdrunk-drivingi35ihih-35interstate-35officer-brownofficer-stephanie-brownsan-antoniowrong-way-drivers/)
- [Austin accident attorney|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- ["independent" medical exam|Austin Injury Lawyer|Austin Personal Injury|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/independent-medical-examaustin-injury-lawyeraustin-personal-injuryaustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|hospital liens](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerhospital-liens/)
- [auto accidents; car wrecks; personal injury lawyer|Insurance](https://civtrial.com/tag/auto-accidents-car-wrecks-personal-injury-lawyerinsurance/)
- [Austin Personal Injury Lawyer|auto accident|brain injury|car wreck|car wrecks|Des Moines|rollover|Steve Lombardi](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidentbrain-injurycar-wreckcar-wrecksdes-moinesrolloversteve-lombardi/)
- [auto accident|auto accidents; car wrecks; personal injury lawyer|Insurance|Jerry Johns|Southwestern Insurance Information Service|texting while driving](https://civtrial.com/tag/auto-accidentauto-accidents-car-wrecks-personal-injury-lawyerinsurancejerry-johnssouthwestern-insurance-information-servicetexting-while-driving/)
- [auto accidents; car wrecks; personal injury lawyer|Colossus|Insurance](https://civtrial.com/tag/auto-accidents-car-wrecks-personal-injury-lawyercolossusinsurance/)
- [auto accidents; car wrecks; personal injury lawyer|texting while driving](https://civtrial.com/tag/auto-accidents-car-wrecks-personal-injury-lawyertexting-while-driving/)
- [Live Oak|San Antonio](https://civtrial.com/tag/live-oaksan-antonio/)
- [BP|British Rule|HB|Rick Perry|Texas House|Texas Watch|tort reform|Wal Mart](https://civtrial.com/tag/bpbritish-rulehbrick-perrytexas-housetexas-watchtort-reformwal-mart/)
- [Austin Injury Lawyer|Austin Personal Attorney|Austin Personal Injury|Austin Personal Injury Lawyer|barratry|solicitation](https://civtrial.com/tag/austin-injury-lawyeraustin-personal-attorneyaustin-personal-injuryaustin-personal-injury-lawyerbarratrysolicitation/)
- [Conditional Payment Letter|Demand Letter|Medicare|MSPRC|Personal Injury|RAR|subrogation](https://civtrial.com/tag/conditional-payment-letterdemand-lettermedicaremsprcpersonal-injuryrarsubrogation/)
- [APD|Austin Police Department|Auto Accidents|car wrecks|injuries](https://civtrial.com/tag/apdaustin-police-departmentauto-accidentscar-wrecksinjuries/)
- [Austin Personal Attorney|Austin Personal Injury Lawyer|tex|texting while driving](https://civtrial.com/tag/austin-personal-attorneyaustin-personal-injury-lawyertextexting-while-driving/)
- [Austin Personal Injury|Austin Personal Injury Lawyer|Hot Coffee|Stella Lieback|tort reform](https://civtrial.com/tag/austin-personal-injuryaustin-personal-injury-lawyerhot-coffeestella-liebacktort-reform/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|texting while driving](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyertexting-while-driving/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|San Marcos Bus Accident|trucking accident](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyersan-marcos-bus-accidenttrucking-accident/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Jon Lewis|texting while driving](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerjon-lewistexting-while-driving/)
- [auto accidents; car wrecks; personal injury lawyer|uninsured/underinsured motorist claims](https://civtrial.com/tag/auto-accidents-car-wrecks-personal-injury-lawyeruninsured-underinsured-motorist-claims/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Bloomberg Veterans|brain injuries|brain injury|concussion|head injuries|Head injury|injuries|TBI](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerbloomberg-veteransbrain-injuriesbrain-injuryconcussionhead-injurieshead-injuryinjuriestbi/)
- [Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Bicycle accidents](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerbicycle-accidents/)
- [Alabama State Bar|Austin Personal Injury|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Mediation Works|State Bar](https://civtrial.com/tag/alabama-state-baraustin-personal-injuryaustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyermediation-worksstate-bar/)
- [APD|Austin Personal Injury Lawyer|Austin Police Department|auto accident|car wrecks|Distracted Driving|injuries|KXAN|Shannon Wolfson|texting while driving](https://civtrial.com/tag/apdaustin-personal-injury-lawyeraustin-police-departmentauto-accidentcar-wrecksdistracted-drivinginjurieskxanshannon-wolfsontexting-while-driving/)
- [brain injury|concussions|Head injury](https://civtrial.com/tag/brain-injuryconcussionshead-injury/)
- [APD|Austin Police Department|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Conducts Train Sting|Metrorail|pedestrian|Police Chief Art Acevedo|railroad accidents|train wrecks](https://civtrial.com/tag/apdaustin-police-departmentauto-accident-trucking-accident-i35-austin-personal-injury-lawyerconducts-train-stingmetrorailpedestrianpolice-chief-art-acevedorailroad-accidentstrain-wrecks/)
- [insurance claims|underinsured|uninsured](https://civtrial.com/tag/insurance-claimsunderinsureduninsured/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|Ben White Boulevard|car wreck|injuries|Issues Countermeasures|Texas Transportation Institute|Tombstone Pizza](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyerben-white-boulevardcar-wreckinjuriesissues-countermeasurestexas-transportation-institutetombstone-pizza/)
- [Austin Injury Lawyer|Austin Personal Injury Lawyer|underinsured motorist|uninsured motorist](https://civtrial.com/tag/austin-injury-lawyeraustin-personal-injury-lawyerunderinsured-motoristuninsured-motorist/)
- [Austin Personal Injury|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-personal-injuryaustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- [Austin American Statesman|brain injuries|brain injury|cheerleading|concussion|concussions|football|head injuries|Head injury|injuries|NFL](https://civtrial.com/tag/austin-american-statesmanbrain-injuriesbrain-injurycheerleadingconcussionconcussionsfootballhead-injurieshead-injuryinjuriesnfl/)
- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|Trucking Accidents](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyertrucking-accidents/)
- [Austin Accident Lawyer|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-lawyeraustin-personal-injury-lawyer/)
- [Austin accident attorney|Austin Injury Lawyer|Austin Personal Injury Lawyer|tort reform](https://civtrial.com/tag/austin-accident-attorneyaustin-injury-lawyeraustin-personal-injury-lawyertort-reform/)
- [Austin Personal Injury|Austin Personal Injury Lawyer|auto accident|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|car wreck](https://civtrial.com/tag/austin-personal-injuryaustin-personal-injury-lawyerauto-accidentauto-accident-trucking-accident-i35-austin-personal-injury-lawyercar-wreck/)
- [Austin accident attorney|Austin Accident Lawyer|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer|brain injury|concussion|Head injury](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyerbrain-injuryconcussionhead-injury/)
- [car wrecks|Federal Government|Judson Phillips|Tea Party|Texas Supreme Court|US](https://civtrial.com/tag/car-wrecksfederal-governmentjudson-phillipstea-partytexas-supreme-courtus/)
- [auto accident; trucking accident; I35; Austin Personal Injury Lawyer|injuries|texting while driving](https://civtrial.com/tag/auto-accident-trucking-accident-i35-austin-personal-injury-lawyerinjuriestexting-while-driving/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Personal Injury Lawyer|brain injury|concussion](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-personal-injury-lawyerbrain-injuryconcussion/)
- [Austin Accident Lawyer|Austin Injury Lawyer|Austin Personal Injury|Austin Personal Injury Lawyer|Distracted Driving|texting while driving](https://civtrial.com/tag/austin-accident-lawyeraustin-injury-lawyeraustin-personal-injuryaustin-personal-injury-lawyerdistracted-drivingtexting-while-driving/)
- [Austin Injury Lawyer|Austin Personal Injury|Austin Personal Injury Lawyer|brain injury|concussion](https://civtrial.com/tag/austin-injury-lawyeraustin-personal-injuryaustin-personal-injury-lawyerbrain-injuryconcussion/)
- [Austin Injury Lawyer|Austin Personal Injury Lawyer|auto accident; trucking accident; I35; Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-injury-lawyeraustin-personal-injury-lawyerauto-accident-trucking-accident-i35-austin-personal-injury-lawyer/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Austin personal injury attorney|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyeraustin-personal-injury-attorneyaustin-personal-injury-lawyer/)
- [Austin Injury Lawyer|Austin Personal Injury|Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer](https://civtrial.com/tag/austin-injury-lawyeraustin-personal-injuryaustin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyer/)
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- [Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|uninsured/underinsured motorist claims](https://civtrial.com/tag/austin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyeruninsured-underinsured-motorist-claims/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|tort reform](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyertort-reform/)
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- [DOT](https://civtrial.com/tag/dot/)
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- [Alex Rovello|Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|car wreck|concussion|Summer Safety Tips](https://civtrial.com/tag/alex-rovelloaustin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyercar-wreckconcussionsummer-safety-tips/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|car wrecks|New Jersey|texting while driving](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyercar-wrecksnew-jerseytexting-while-driving/)
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- [Stella Liebeck](https://civtrial.com/tag/stella-liebeck/)
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- [Derek Boogaard|Gary Bettman|head injuries|injuries|MLB|NBA|NCAA|NFL|NHL|TBI](https://civtrial.com/tag/derek-boogaardgary-bettmanhead-injuriesinjuriesmlbnbancaanflnhltbi/)
- [DMAA|DOD|Drug Administration|Fort Bliss|Michael Sparling|Natural Alternatives|Natural Alternatives International Inc](https://civtrial.com/tag/dmaadoddrug-administrationfort-blissmichael-sparlingnatural-alternativesnatural-alternatives-international-inc/)
- [Jessica Fertitta|Wrongful Death](https://civtrial.com/tag/jessica-fertittawrongful-death/)
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- [Edward Acclis|Edward Shaw|injuries](https://civtrial.com/tag/edward-acclisedward-shawinjuries/)
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- [APD|Austin Police Department|injuries|texting while driving](https://civtrial.com/tag/apdaustin-police-departmentinjuriestexting-while-driving/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin Personal Attorney|Austin Personal Injury Lawyer|auto accidents; car wrecks; personal injury lawyer|concussion|concussions|head injuries](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-personal-attorneyaustin-personal-injury-lawyerauto-accidents-car-wrecks-personal-injury-lawyerconcussionconcussionshead-injuries/)
- [Austin accident attorney|Austin Accident Lawyer|Boy Scouts|Coast Guard|US](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyerboy-scoutscoast-guardus/)
- [BP|CSHIB|Eagle Ford Shale|Houston Chronicle|injuries|Mexico|OSHA](https://civtrial.com/tag/bpcshibeagle-ford-shalehouston-chronicleinjuriesmexicoosha/)
- [brain injuries|brain injury|Canada|concussions|ER|injuries|TBI](https://civtrial.com/tag/brain-injuriesbrain-injurycanadaconcussionserinjuriestbi/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Boston Marathon|brain injuries|brain injury|CBS|concussion|concussions|head injuries](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyerboston-marathonbrain-injuriesbrain-injurycbsconcussionconcussionshead-injuries/)
- [Austin accident attorney|Austin Accident Lawyer|auto accidents; car wrecks; personal injury lawyer|auto insurance|Insurance|Understanding Texas Auto Insurance](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyerauto-accidents-car-wrecks-personal-injury-lawyerauto-insuranceinsuranceunderstanding-texas-auto-insurance/)
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- [BP|injuries|Kenneth Feinberg|Victim Compensation Fund](https://civtrial.com/tag/bpinjurieskenneth-feinbergvictim-compensation-fund/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Austin personal injury attorney|Austin Personal Injury Lawyer|car wreck|Insurance](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyeraustin-personal-injury-attorneyaustin-personal-injury-lawyercar-wreckinsurance/)
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- [Austin Personal Attorney|dog attacks](https://civtrial.com/tag/austin-personal-attorneydog-attacks/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin dog attack|austin dog bite|Austin injury attorney|Austin Injury Lawyer|Texas dog attack|Texas dog bite](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-dog-attackaustin-dog-biteaustin-injury-attorneyaustin-injury-lawyertexas-dog-attacktexas-dog-bite/)
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- [animal attack|animal bite|Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|dog attack|dog bite](https://civtrial.com/tag/animal-attackanimal-biteaustin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyerdog-attackdog-bite/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyeraustin-personal-injury-lawyer/)
- [Austin accident attorney|Austin Accident Lawyer|Austin Injury Lawyer|Austin Personal Injury|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-lawyeraustin-personal-injuryaustin-personal-injury-lawyer/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|car wreck|car wrecks](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyercar-wreckcar-wrecks/)
- [Austin accident attorney|Austin Accident Lawyer|Austin Personal Injury Lawyer](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-personal-injury-lawyer/)
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- [Austin accident attorney|Austin Accident Lawyer|Austin Injury Lawyer|Austin Personal Injury|scooter wrecks](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-lawyeraustin-personal-injuryscooter-wrecks/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|Austin Personal Injury Lawyer|brain injuries|brain injury|concussion|concussions|head injuries](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyeraustin-personal-injury-lawyerbrain-injuriesbrain-injuryconcussionconcussionshead-injuries/)
- [Austin accident attorney|Austin Accident Lawyer|Austin dog attack|austin dog bite|Austin injury attorney|Austin Injury Lawyer|dog attacks|dog bites](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-dog-attackaustin-dog-biteaustin-injury-attorneyaustin-injury-lawyerdog-attacksdog-bites/)
- [Austin accident attorney|Austin Accident Lawyer|Austin injury attorney|Austin Injury Lawyer|brain injuries|brain injury](https://civtrial.com/tag/austin-accident-attorneyaustin-accident-lawyeraustin-injury-attorneyaustin-injury-lawyerbrain-injuriesbrain-injury/)
- [commercial vehicle lawyer|trucking accident lawyer](https://civtrial.com/tag/commercial-vehicle-lawyertrucking-accident-lawyer/)
- [Texas accident lawyer|Texas personal injury lawyer|underinsured motorist claims|uninsured motorist claims](https://civtrial.com/tag/texas-accident-lawyertexas-personal-injury-lawyerunderinsured-motorist-claimsuninsured-motorist-claims/)
- [brain injuries|brain injury|brain injury lawyer](https://civtrial.com/tag/brain-injuriesbrain-injurybrain-injury-lawyer/)
- [brain injuries|brain injury lawyer|concussions](https://civtrial.com/tag/brain-injuriesbrain-injury-lawyerconcussions/)
- [brain injury|brain injury lawyer|concussion](https://civtrial.com/tag/brain-injurybrain-injury-lawyerconcussion/)
- [car wreck lawyer|car wrecks|personal injury lawyer|swoop and settle](https://civtrial.com/tag/car-wreck-lawyercar-wreckspersonal-injury-lawyerswoop-and-settle/)
- [Minor settlements](https://civtrial.com/tag/minor-settlements/)
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- [Texas uninsured motorist attorney|Texas uninsured motorist lawyer|underinsured motorist attorney|uninsured/underinsured motorist claims](https://civtrial.com/tag/texas-uninsured-motorist-attorneytexas-uninsured-motorist-lawyerunderinsured-motorist-attorneyuninsured-underinsured-motorist-claims/)
- [underinsured motorist insurance|uninsured motorist insurance](https://civtrial.com/tag/underinsured-motorist-insuranceuninsured-motorist-insurance/)
- [Austin personal injury attorney](https://civtrial.com/tag/austin-personal-injury-attorney/)
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- [TBI|Traumatic Brain Injury](https://civtrial.com/tag/tbitraumatic-brain-injury/)
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- [Truck Accident](https://civtrial.com/tag/truck-accident/)
- [Car Accident Trends|Texas Car Accident](https://civtrial.com/tag/car-accident-trendstexas-car-accident/)
- [Tow Truck Accident](https://civtrial.com/tag/tow-truck-accident/)
- [2025 Austin School Year|Safety Tips](https://civtrial.com/tag/2025-austin-school-yearsafety-tips/)
- [Motorcycle Accident|North MoPac Expressway](https://civtrial.com/tag/motorcycle-accidentnorth-mopac-expressway/)
- [Fatal Accident|SH 71|Thomas Springs Road](https://civtrial.com/tag/fatal-accidentsh-71thomas-springs-road/)
- [Austin-Bergstrom International Airport|Fatal Pedestrian Accident](https://civtrial.com/tag/austin-bergstrom-international-airportfatal-pedestrian-accident/)
- [Personal Injury Case](https://civtrial.com/tag/personal-injury-case/)
- [Fatal Car Accident|Head-On Vehicle Crash|Highway 110](https://civtrial.com/tag/fatal-car-accidenthead-on-vehicle-crashhighway-110/)
- [Blackout Challenge|TikTok|Wrongful Death](https://civtrial.com/tag/blackout-challengetiktokwrongful-death/)
- [Deadliest Roads|East Texas](https://civtrial.com/tag/deadliest-roadseast-texas/)
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- [Fatal Car Accident|Vision Zero](https://civtrial.com/tag/fatal-car-accidentvision-zero/)
- [Gregory v. Chohan|Mental Anguish Damages](https://civtrial.com/tag/gregory-v-chohanmental-anguish-damages/)
- [dog bite](https://civtrial.com/tag/dog-bite/)
- [Injury Reporting|OSHA|Work Injury](https://civtrial.com/tag/injury-reportingoshawork-injury/)
- [13 High-Injury Roadway|Vision Zero](https://civtrial.com/tag/13-high-injury-roadwayvision-zero/)
- [Fatal Truck Accident](https://civtrial.com/tag/fatal-truck-accident/)
- [Fatal Car Accident|Wrongful Death](https://civtrial.com/tag/fatal-car-accidentwrongful-death/)
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- [Fatal Truck Accident|Truck Accident](https://civtrial.com/tag/fatal-truck-accidenttruck-accident/)
- [uninsured motorist](https://civtrial.com/tag/uninsured-motorist/)
- [Fatal Truck Accident|HB 19](https://civtrial.com/tag/fatal-truck-accidenthb-19/)
- [Fatal Traffic](https://civtrial.com/tag/fatal-traffic/)
- [Fatal Hit and Run Accident](https://civtrial.com/tag/fatal-hit-and-run-accident/)
- [Fatal Truck Accident|Wrongful Death](https://civtrial.com/tag/fatal-truck-accidentwrongful-death/)
- [Head-On Car Crashes](https://civtrial.com/tag/head-on-car-crashes/)
- [Personal Injury Claim](https://civtrial.com/tag/personal-injury-claim/)
- [Gigafactory|Workplace Death](https://civtrial.com/tag/gigafactoryworkplace-death/)
- [Construction Accident|Scaffolding Accident](https://civtrial.com/tag/construction-accidentscaffolding-accident/)
- [House Fire](https://civtrial.com/tag/house-fire/)
- [Fatal Dog Attack](https://civtrial.com/tag/fatal-dog-attack/)
- [Nonfatal Traumatic Brain Injury|TBI](https://civtrial.com/tag/nonfatal-traumatic-brain-injurytbi/)
- [Pedestrian Accident](https://civtrial.com/tag/pedestrian-accident/)
- [Car Accident|Intersection Car Accident](https://civtrial.com/tag/car-accidentintersection-car-accident/)