Daniel Stark Law Blog

Three Things to Remember After a Slip and Fall Accident

by Cary Graham | May 23rd, 2017
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We’d wager that most folks in Texas know what a slip and fall accident is. The image that probably comes to mind is a spill at a grocery store or restaurant that leads to someone slipping and injuring themselves. In most cases, those injuries should be the responsibility of the store owners. But how do you get them to live up to that responsibility?

Here are three things to remember if you’re ever injured on someone else’s property:

  1. Don’t automatically dismiss it. Slipping and falling in public can be embarrassing. For many, the natural reaction is to get back up immediately, despite the pain, and act as if nothing happened. In our experience, that’s a bad idea. You don’t know the extent of your injuries, so brushing it off is premature.
  2. Make sure it is documented. Most businesses have accident protocols. Definitely make sure the business documents the accident. But more important, you need to document it as well. Take pictures if you are able of the conditions and get any names of witnesses that saw what happened.
  3. Get the advice of a legal professional. At Daniel Stark Injury Lawyers, we spend a good amount of time answering questions for premises liability victims. If you’ve been injured on someone else’s property, it’s important that you know your options. You can contact us anytime to get a free consultation. We’re happy to answer any questions you might have at no cost or obligation.

3 Tips for Securing Social Security Disability Benefits

by Cary Graham | May 16th, 2017
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If you have a disability that keeps you from working, you know just how scary it can be to wonder how you’re going to make ends meet every month. Our society is based on a system that requires us to work to survive, which puts you at a significant disadvantage given your condition. Although the government provides benefits for individuals in your situation through Social Security Disability (SSD), securing benefits can be extremely difficult for some, especially on your own. In fact, more than two-thirds of all applications are initially denied.

So how do you secure SSD benefits in Texas? Well, the first thing you need is diligence. It’s completely possible that a few minor changes to your application could make all the difference in your appeal. Don’t give up after a denial. You may be closer to benefits than you think.

Secondly, you need the right people on your team. Whether it’s an experienced Social Security Disability lawyer who can take you through the entire process from start to finish or a friend who has been through it before, you need someone with experience to give you the best chance of getting approved.

Finally, stay positive. This process can be demoralizing, especially if you’ve been denied multiple times. Keeping a positive attitude may seem irrelevant, but in our experience, it can help. You gain nothing by beating yourself up or blaming others. Stay determined, get the right help, and keep your head up, and you’ll maximize your chances of getting approved for SSD benefits.

Getting Better and Getting Compensated

by Cary Graham | May 9th, 2017
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If you put all possible experiences on an enjoyment spectrum, car accidents would fall somewhere between slamming your finger the door and having a beehive fall on your head. And that’s if there’s no injuries involved. Serious injuries dramatically change the equation, and the financial risk goes through the roof. A minor fender bender only has the potential to cost you the worth of the damage. A serious injury can lead to tens, if not hundreds, of thousands of dollars in medical treatment, lost wages, and more.

That’s why going it alone after a serious accident is never a good idea. Even if you are a personal injury lawyer with decades of experience, we’d never recommend you handle your own injury claim, and here’s why. As an accident victim, you have two main things you should be concerned with following your accident: getting better and getting compensated. Getting better requires a lot of work on your part through physical therapy, doctors visits, and rest.

Getting compensated is a different story. Most folks recovering from injuries simply don’t have the energy or the time to properly handle their own injury claim. That’s one of the reasons so many folks who go it alone after an accident end up taking less than they deserve from the insurance company. They can’t fight in their current condition so they take whatever the insurance company offers. That can lead to serious financial problems down the road.

If you’ve been injured in a car accident, take care of yourself and leave your injury claim to a Texas personal injury team. They can fight for medical expenses, lost wages, and more on your behalf, leaving you the ability to focus on what’s most important: getting better.

D|S Movie Review: The Circle

by Daniel Stark Injury Lawyers | May 3rd, 2017
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The Circle is the movie based on the best-selling book of the same name. It stars Tom Hanks and Emma Watson, but also has a strong supporting cast that includes John Boyega, Ellar Coltrane, and Karen Gillan. The movie focuses on Watson’s character Mae, and her journey as she gets the job of her dreams at tech giant “The Circle”. The story line follows her progression in the ranks of the company and how this experience changes her life as she finds out more of what the company’s mission is.

The movie has some interesting themes that focuses on transparency, community, inter-connected individuals and a lack of privacy. The movie attempts to explore the idea of whether this lack of privacy makes us better as individuals and therefore should make privacy completely obsolete.

Despite the provocative and timely themes of the movie, it is just poorly executed. The script leaves a lot to be desired with very wooden dialogue that doesn’t leave the actors much to work with. Although Watson does the best she can with what she has to work with, you just don’t end up caring about the characters.

Tom Hanks and John Boyega are in the movie much less than what you would think or what the advertising for the film would have you believe, which is a shame considering their star power.

Our D|S team members saw the movie, and this was the biggest range of scores so far, ranging from scores of 1 to 4. Take a look at what the team members thought below!

The Circle Review (1)DS Kileen Reviews

Medical Malpractice: Take Back Control

by Cary Graham | May 2nd, 2017
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Texans aren’t known for giving up control easily. It’s in our DNA to make our own way through life by depending upon as few others as possible. So when we have to give up control, you know it’s for a good reason, such as being put under for surgery. You’re essentially turning over control of your life to the surgeon and his/her staff. From that moment on, it’s in their hands whether or not you wake up again. When that trust is broken in the operating room, the results can be devastating.

No doctor is perfect, which is why so many medical professionals and hospitals in Texas carry medical malpractice insurance. It’s just the smart thing to do for their practice and their patients. If a medical mistake leads to significant health complications for one of their patients, they have the safety net of medical malpractice insurance to help compensate that patient for their injuries.

If you’ve been the victim of medical malpractice, it should reassure you to know that the medical professional who injured you may have insurance for such an occasion. But the only way to access that medical malpractice insurance is to file a claim. An Texas medical malpractice attorney can help you determine your options and file a claim to secure compensation for medical expenses, lost wages, and more. To find out more, you can call us anytime for a free, no obligation consultation. We’re always happy to answer any questions you have about your next steps.

Why We Handle Drug Injury Claims

by Cary Graham | April 25th, 2017
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There are a number of exceptional drugs on the market. They put an end to debilitating symptoms, relieve severe pain, or eradicate conditions altogether. Unfortunately, not all pharmaceuticals are created equal. In fact, there are a number of medications on the market today that have been linked to severe and even fatal side effects, putting millions of people at risk every time they fill their prescription.

At Daniel Stark Injury Lawyers, we fight for the rights of drug injury victims for a couple reasons. First of all, we believe that pharmaceutical companies should be held accountable for the harm their drugs cause. In many cases, that harm could have been avoided if proper safety testing and precautions had been conducted before the drug’s release. In our opinion, that negligence should be brought to light, which is exactly what we aim to do when bringing a lawsuit on behalf of our clients.

Second, we handle drug injury claims because the victims and their families may need significant financial resources in order to recover from the harm inflicted upon them. They not only still have the condition they were taking the medication for to begin with, but now they have to deal with debilitating side effects as well. That may require substantial medical attention for the rest of their lives. We don’t believe they should have to pay for it. The pharmaceutical company should.

If you or someone you love has suffered health complications after taking any medication, we recommend you speak with a drug injury attorney to better understand your rights. Don’t let the pharmaceutical companies profit off of your misfortune.

Skyrocketing Life Insurance Premiums

by Cary Graham | April 18th, 2017
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If you have a family that depends on you, it’s probably a good idea that you have life insurance. Policies can be remarkably affordable, especially if you’re healthy, and the monthly expense is worth it for the peace of mind alone. That’s why so many Americans go through the sometimes lengthy life insurance process to secure their own policy. And after countless forms, questions, and medical exams, they reach an agreement with the insurance company that in exchange for a monthly premium, their family will receive financial benefits in the event of the policyholder’s death.

Unfortunately, some Texas life insurance company’s aren’t living up to their end of the deal.

Over the past several years, we’ve noticed more and more cases of life insurance company fraud in Texas. If you’re not familiar with the term, it’s when a life insurance company attempts to raise your premiums for the exact same policy you’ve always had, leaving you with a couple options: pay the inflated premiums for no extra benefit or cancel the policy altogether.

If that has happened to you, we suggest you consult with a Texas life insurance company fraud attorney immediately to better understand your rights and options moving forward. It might be possible that you’re the victim of life insurance company fraud, and your next move could determine your family’s future. Don’t let the insurance company take advantage of you. Consult with a lawyer today.

We’re More Interested in the Truth

by Cary Graham | April 11th, 2017
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There’s a stigma that comes along with personal injury law, though it’s well outdated. Many still believe that personal injury lawyers are money-hungry, jackpot justice-seeking sharks. That all they care about is capitalizing on someone’s misfortune. We recognize that stigma at Daniel Stark Injury Lawyers, but we’re more interested in the truth.

Personal injury law exists to give normal folks, just like you, a recourse in court when a wrong is perpetrated against you. Without personal injury law, you would have nowhere to turn when an insurance company refuses to pay you what you deserve for a car accident. You’d simply have to accept whatever they’re willing to pay and then try to make up the difference out of your own pocket. That could be thousands of dollars in medical bills, lost wages, and more. Do you have thousands of dollars stashed away to pay for someone else’s mistakes? Neither do we.

Calling a lawyer after a serious car accident is, in our opinion, the best way to protect your rights. An experienced Texas car accident attorney can help you negotiate a fair settlement with the insurance company so you’re not stuck holding the bills down the road.

Motorcycle Accidents: Who’s Fault Was It?

by Cary Graham | April 4th, 2017
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Motorcycle accidents can be difficult even for the seasoned personal injury lawyer. The problem concerns assigning fault. With two automobiles, fault is usually pretty apparent, but not so much when a motorcycle is concerned. That’s why we recommend calling an attorney if you’ve been involved in a motorcycle crash, even if the accident report has assigned you the blame. There is too much at stake for you and your family to try and weather what comes next alone, and here’s why.

If you’ve been injured, chances are you’re going to need a substantial amount of medical treatment, even if your injuries weren’t life-threatening. From initial hospital treatment to follow-up visits, x-rays, and tests, the medical bills can add up very quickly. It’s not uncommon for them to exceed tens of thousands of dollars for victims, and if the accident was declared your fault, you could be on the hook to pay them.

Now that’s not to say that a personal injury lawyer can take the blame away if it rightfully belongs to you. However, they can look into the circumstances surrounding your crash, and if there are inconsistencies in the information provided by witnesses and the accident report, they may be able to help. Like most personal injury matters, you won’t know until you make the call.

The Signs of Nursing Home Abuse

by Cary Graham | March 28th, 2017
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As our loved ones reach a certain stage in life, it may become apparent that their needs and our capacities to meet those needs no longer line up. At that point, we do our best to secure the level of care they require either through at-home care or by moving that loved one into an assisted care facility. We expect that facility to not only provide that care but to do so in a manner that upholds our loved ones’ dignity. Unfortunately for some Texas nursing home residents, the nursing home facility entrusted with their care may fail to uphold that responsibility.

Nursing home abuse and neglect is one of the most tragic forms of personal injury law we handle at Daniel Stark Injury Lawyers. When someone in our aging community is treated with anything less than the upmost respect, we have a responsibility to stand up and defend their rights. But how do you determine whether or not your aging loved one has been a victim of nursing home abuse or neglect?

Most important, keep you eyes open for telling symptoms and signs. Here are just a few:

  • bed sores,
  • broken bones or lacerations,
  • poor nutrition,
  • unexplained injuries,
  • over-sedation or unapproved changes to medication,
  • extreme weight fluctuations,
  • and signs of sexual assault.

If you suspect your loved one has been the victim of nursing home abuse or neglect, it’s important that you remove your loved one from danger as soon as possible. Once you’ve done that, consult with an attorney to better understand their rights. They may be entitled to compensation for what they’ve been through, which could be used to get them into a facility you can trust. Most important, act quickly. Your loved one’s safety may be at stake.