Archive for the ‘ Personal Injury Law ’ Category

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22
Jul

Texas Laws Put Workers’ Safety in Jeopardy

Many people cite industry deregulation and tort reform as two reasons why the Texas economy is booming. But economic growth in Texas has come with a serious price tag—reduced worker safety.

Data from the U.S. Department of Labor shows Texas has led the nation for the past decade in the number of employees injured or killed as the result of workplace accidents, like oil field injuries, construction accidents, or trucking accidents. Furthermore, employers are not required to carry workers’ compensation coverage to help with expenses after accidents.

This leaves many employees wondering what they can do to better protect themselves from being the victim of an accident. Unfortunately for Texas workers, an article from The New York Times says the best option may be to not get hurt in the first place.

If you do get hurt while on the job, speaking with a qualified Texas personal injury lawyers can help answer any questions you may have regarding your legal rights to compensation for your injury.

At Daniel Stark Injury Lawyers, our legal staff can help you understand your legal rights after an accident. So call us today for a free consultation of your case.

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17
Jun

Is Enough Being Done To Prevent Texas Nursing Home Abuse?

Nursing home facilities and their staff have a responsibility to protect the health and safety of residents at all times; however, a new report is claiming Texas is not doing enough to protect patients from nursing home abuse and neglect in the state.

The claims come on the heels of video that was released last year, which depicted a nursing home care provider hitting, slapping, and throwing objects at a patient who was under her care. The findings in the report, which are substantiated by several local non-profit organizations, claim one of the reasons Texas nursing home abuse is so rampant is because of the lack of accountability placed on facilities by the Department of Aging and Disability Services (DADS).

According to an article released by KVUE News, the regulations established by DADS for patient standards of care are not strict enough to prevent errors in care and creates few consequences for nursing homes that are found to be repeat violators.

This has resulted in a call for several nursing homes in Texas to be closed, as well as for administrative penalties for violations being increased. DADS has stated these are just recommendations though and has stated they will respond to the report within several weeks.

At Daniel Stark Injury Lawyers, our team of Texas personal injury attorneys is curious as to the public’s take on the subject. Is Texas failing to take enough action to keep nursing homes safe? Tell us what you think by responding and posting to our social media outlets.

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27
May

Salmonella Outbreak Raises Premise Liability Concerns In College Station

Businesses have a responsibility to protect the safety and health of those who patronize their facilities. Failure to do so can result in premise liability concerns and one of the most common is foodborne illness in restaurants.

According to an article from KBTX News, such a situation recently arose in College Station, Texas, when a local restaurant was shut down due to dozens of cases of reported food poisoning. Reports indicate 30 cases of Salmonella infection were linked to meals that were served at Fuego Tortilla in Brazos County.

Salmonella is a strain of bacteria that can contaminate food during processing or handling. An infection can result in the victim suffering from fever, diarrhea, vomiting, and cramping. In some cases, an infection can result in hospitalization and even death.

So what can you do to avoid foodborne illness in restaurants? The first place to start is by checking the facility’s sanitation grade. This is determined by an inspection of the restaurant’s cleanliness and food preparation practices. It’s best to avoid restaurants with a grade lower than 95.

If you do become ill after eating food from a restaurant, you should seek medical attention and it may be wise to consider finding legal representation so you can be compensated for your losses.

At Daniel Stark Injury Lawyers, our team of College Station personal injury attorneys is dedicated to helping those who have been harmed due to another persons’ negligence and may be able to help. Call us today at (866) 241-4861 to speak with our legal staff about your injury or illness.

 

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7
Jan

Study Shows Cognitive Rest Vital To Brain Injury Recovery

January 7, 2014

Each year hundreds of thousands of United States citizens suffer serious brain injuries as the result of trauma to the head. That’s why getting proper treatment for such injuries is vital, considering data shows 50 percent of “second impact syndrome” incidents, a brain injury caused from a premature return to activity after suffering initial injury (concussion), result in death.

The Texas Brain Injury Lawyers with Daniel Stark Injury Lawyers explain a new study has shown getting plenty of cognitive rest may be the key to recovering from brain injuries.

A story from KVUE News stated researchers examined 335 cases of brain injuries reported in patients between the ages of 8- and 23-years-old. Patients who reported engaging in higher levels of cognitive activity, such as playing video games, doing homework, and text messaging, reported longer recuperation times than those who rested their brains. On average, those who engaged in more cognitive activity reported healing times of around 100 days, compared to the 25 days of those who got plenty of rest.

The study only scratches the surface of just how dangerous not properly caring for a serous brain injury can be. Daniel Stark Injury Lawyers’ team of Texas Personal Injury Attorneys is hopeful the study’s findings will be used to raise awareness of these risks.

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3
Dec

Texas Veterans Part of Massive Backlog In Disability Claims Approval Process

December 3, 2013

Each day, soldiers continue to return from service overseas with injuries that leave them unable to work. The Texas Veterans Disability Lawyers with Daniel Stark Injury Lawyers point out that while the Department of Veterans Affairs (VA) offers disability benefits to these individuals, the wait times to be approved can be extremely lengthy.

According to an article from CBS News, the growing number of soldiers and veterans applying for disability benefits through the VA has created a backlog in claims approval process of almost a year. In fact, some individuals are reporting waiting as long as 354 days for a decision to be reached in their case.

The VA’s office in Waco, Texas, is one of the facilities that has been hit hardest by the claims backlog. Estimates indicate there are currently 26,353 claims from that particular facility that are part of the backlog. Furthermore, the office fell short of its claims approval goal for the fiscal year by as many as 100,000 cases.

There are several organizations that provide assistance to soldiers and veterans as they wait in limbo for their claim to be approved. However, the Texas Personal Injury Lawyers with Daniel Stark Injury Lawyers would encourage individuals considering applying for such benefits to discuss their legal and financial options with a reputable attorney before making any decisions on how to move forward with your claim for benefits.

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26
Nov

Texas Construction Accident Prompts Workers To Become Concerned For Safety

November 26, 2013

In 2011, there were a total of 531 workers who lost their lives as the result of injuries sustained at the workplace. A large portion of those fatalities affected workers in the construction industry.

More recently, a construction worker died as the result of an on-the-job accident at a site where the State Farm regional headquarters was under construction along North Plano Road. The Texas Construction Accident Lawyers with Daniel Stark Injury Lawyers explain the incident has prompted many workers to come forward regarding a lack of safety oversight in the construction industry.

According to an article from The Mercury, the victim of the latest accident died on November 18 after he fell through a hole at the site and plummeted roughly 20 feet to his death. In an effort to raise awareness about the conditions construction workers face each day, a large number of the victim’s co-workers, friends, and family gathered at the site to hold a vigil in remembrance of their loved one. A letter was then delivered to management of the construction site demanding better safety standards to protect workers.

Daniel Stark and our team of Texas Personal Injury Lawyers recognize the dangers construction workers face everyday. That is why the firm urges anyone who has been hurt or lost a loved one on a construction site as the result of another person’s negligence to discuss their legal rights with a reputable attorney.

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18
Jun

Caregiver Arrested in Texas Nursing Home Abuse Case

June 18, 2013

An arrest has been made in a case of Texas Nursing Home Abuse. A spokesperson for the Kaufman Police Department issued a statement saying their officers had taken a care provider from the facility into custody and had charged him on a count of felonious aggravated assault.

According to CBS-DFW News, the 88-year-old victim who suffers from Alzheimer’s disease sustained a gash to her head and massive bruising to her face while she was a patient at the facility. The woman’s caregiver told investigators she had sustained the injuries in a fall from her wheelchair and that he had reported the injury to a superior; however, there was no documentation of the incident and it was later determined another employee had reported the injury.

The victim continues to recover at another care facility in the area.

The facility had been cited and investigated several other times in connection to allegations of negligent patient care.

The Texas Personal Injury Lawyers with Daniel Stark Injury Lawyers say these incidents often leave families who have loved ones in care facilities wondering what they can do to prevent their family members from being neglected or abused. The firm explains studies have shown patients who have family members who visit often and are active in the patient’s care are less likely to be the victims of elder abuse or neglect.

 

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19
Feb

Report Shows High Risk of Abuse and Neglect In Texas Nursing Facilities

February 19, 2013

A report released yesterday by Disability Rights Texas stated that numerous mistakes had led to patients in the state’s psychiatric hospitals being put at serious risk of neglect and abuse. According to an article published in a recent issue of the Austin American-Statesman, the state has also failed to properly investigate these claims.

The report indicates that the Department of State Health Services hired five physicians with histories of inappropriate sexual behavior with patients, but then failed to properly supervise the individuals. One doctor in particular had several claims of sexual abuse against a child patient brought against him over the past two decades, but investigators admitted to blowing the allegations off due to the mental disabilities those who made the claims suffered from. Investigators stated they believed the mental states of the individuals filing the claims made them unreliable.

While the state argues that some changes have been made to better protect the rights of patients at these facilities, many believe more needs to be done. Some of the options being examined to accomplish this include examining of credential and personnel files of individuals who are accused of committing some sort of Texas Nursing Home Abuse.

The Austin Personal Injury Lawyers with Daniel Stark Injury Lawyers are hopeful the report will be used to improve the safety of all patients who are under the care of physicians by decreasing the chances of exposing patient’s to abuse and neglect.

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8
Jan

Study Shows Risks Associated With Brain Injuries Later In Life

January 8, 2012

With the number of Traumatic Brain Injuries (TBIs) that are being reported to health care professionals growing each year, researchers are beginning to look at what the long-term effects of these injuries could be.

While many studies have shown Dementia being linked to TBIs in the past, a story from the Courier-Journal explained a new study has collected data and information to the contrary. The article went on to explain that over a 16-year period, researchers examined the cases of more than 4,000 adults who had sustained a TBI in the past. They concluded that while a TBI may not increase the chances of developing Dementia later in life, the injury does in fact put the victim at risk of other hazards.

Data showed that those who sustained a Brain Injury had a higher rate of death resulting from any cause in the years following the injury. Also, those who sustain a TBI are at a higher risk of suffering a re-injury later in life.

Author of the research and assistant professor of rehabilitation medicine at the Icahn School of Medicine at Mount Sinai Medical Center in New York City, Kristen Dams-O’Connor, these risks should prompt TBI victims to diligently work to prevent another injury, while doctors of TBI patients should watch for health problems associated with the injuries.

The Austin Personal Injury Lawyers with Daniel Stark Injury lawyers recognize the risks associated with this type of injury and are here to help if you, or a loved one, have sustained a TBI at no fault of your own.

 

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9
Oct

Texas Supreme Court Sets Precedent For Workers’ Comp Cases

October 9, 2012

A recent decision by the Texas Supreme Court makes it more difficult to hold workers’ compensation insurers accountable for their actions. According to the Houston Chronicle, the ruling eliminates the ability of an injured person to file a bad faith claim against an insurance company.

The ruling comes after an employee of a Galveston, Texas, electric supply company suffered a slip and fall accident on the job. Doctors determined he had suffered a hernia and scheduled surgery, but Texas Mutual Insurance of Austin cancelled the policy saying his employer stated the injuries were from playing softball.

The victim never played the sport and filed a Texas workers compensation lawsuit against the insurer, claiming they acted in bad faith. The victim won the lawsuit and was awarded $173,000 in damages; however, the insurance company appealed and the decision was overturned. Furthermore, the panel of judges decided on a 5-4 vote to do away with the section of Texas workers’ compensation law that allowed victims to file claims of bad faith. The decision means an insurance company can now refuse to pay a victim for whatever reason they deem legitimate with no repercussion.

The Austin Personal Injury Lawyers with Daniel Stark Injury Lawyers understand how frustrating and confusing filing a claim after an on-the-job accident can be and are here to discuss any questions you may have if you, or a loved one, has been hurt in a work-related accident.

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