Archive for the ‘ Personal Injury Law ’ Category


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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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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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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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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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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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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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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San Antonio Worker Loses Leg In Industrial Accident

September 18, 2012

Data collected by the Bureau of Labor Statistics (BLS) shows that hundreds of workers are injured in the manufacturing industry each year, resulting in those individuals relying on workers’ compensation benefits or social security disability to get by. One such injury occurred recently when a San Antonio, Texas, worker was hurt on the job Monday.

KVUE News says the incident occurred around 9:00 p.m. at the Bates Containers cardboard manufacturing plant, located on Fischer Road. The Vice president of Bates, Guy Sanders, indicated that the worker was operating an industrial-sized belt pulley when he accidentally stepped into an area he wasn’t supposed to be, where his legs became trapped between two eight-ton rollers.

When rescue crews from Bexar County and the San Antonio Fire Department arrived at the scene, they quickly realized they would not be able to free the man. They then decided to amputate the victim’s leg just above the knee. Within 20 minutes the victim was free and was rushed to a local hospital, where he will recover over the next several weeks.

The Occupational Safety and Health Administration has been called to the scene to investigate the cause of the accident.

The Austin Personal Injury Lawyers with Daniel Stark Injury Lawyers understand how difficult and life changing losing a limb is. That is why the firm would like to wish the man who was hurt a full and speedy recovery from his injuries.

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Refinery Worker Files Texas Workers’ Compensation Lawsuit Over Injury

July 17, 2012

According to the Bureau of Labor Statistics, the mining industry had an injury rate of 19.2 individuals being hurt for every 100,000 employees. The construction industry also is considered one of the most dangerous occupations, accounting for nearly 20 percent of all worker fatalities. Aside from the primary dangers of doing their job, miners, refinery, and construction workers are exposed to a wide variety of other hazards.

Take, for instance, the case of a Harris County, Texas, man who filed a Texas Construction Accident lawsuit against his co-worker and former employer after he was injured by a dropped tape measure at a construction site. According to The Southeast Texas Record, the incident occurred on July 2, 2010, at a BP Refinery in Galveston County.

Court records show that the victim was standing near scaffolding, which was constructed and operated by the company named as a plaintiff in the lawsuit, when an employee who was standing on top of the structure dropped a tape measure onto the victims face below. The victim suffered facial injuries including a broken nose and lost teeth.

The lawsuit is seeking an unspecified amount in damages from the company and employee who dropped the tape measure.

The Bryan Personal Injury Lawyers with Daniel Stark Injury Lawyers would advise anyone who has been injured in an on-the-job accident that wasn’t your fault to talk about your case with an attorney.

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Pool Safety Important To Remember As Weather Warms

April 17, 2012

With the weather warming up, children are flocking to local pools. However, swimming carries many dangers, and Safe Kids USA estimates that 745 children died from drowning in 2008 alone.

KVUE News reports that a 3-year-old Austin child suffered critical injuries around 3:00 p.m. Saturday at a backyard pool off of Lost Creek Boulevard. Reports indicate that the child was rushed to Dell Children’s Hospital for treatment.

The Texas Brain Injury Lawyers with Daniel Stark Injury Lawyers say that brain damage is the most common type of injury that results from drowning and near-drowning accidents due to a lack of oxygen making it to the brain. Brain injuries also are common in diving accidents due to the impact of the head hitting the bottom of the pool. They suggest these tips to help prevent such accidents:

  • Install fencing at least four feet high around the pool area.
  • Make sure the gate is locked when the pool is not in use.
  • Install a pool alarm to alert you if someone falls in.
  • Remove all toys from the pool area.
  • Never leave a pool cover partially open.
  • Adhere to diving rules.

The Consumer Product Safety Commission is also working to battle this problem by promoting a campaign called Pool Safely. The agency says the campaign educates both children and adults on what they can do to stay safe and save lives near pools and other bodies of water.

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