Feed: Texas Personal Injury Law - AggScore: 50.1

Tort Attorneys Across the World Warn Clients Keep Injury Claims Out of Social Media Postings

Los Angeles Injury Lawyer, Michael P. Ehline, Esq., Warns Injury Victims of the Dangers of Using Social Media Sites.

Many of my clients know that I have friends all over the internet.  One of my friends from Google Plus+, is attorney Michael P. Ehline, Esq.  He is an injury lawyer for Ehline Law Firm PC in Los Angeles.  He is one of the many personal injury attorneys who are warning his clients about what they post on Facebook, and other social media sites like Twitter, Facebook, and Google+.  This is what he says:

Don’t Talk About Your Accident or Injuries On Social Sites

Yes, it is absolutely true. Posting on these types of sites about your car accident or injury claim can mean that some of the information posted could be used against the tort victim client.  Hiring private investigators has been a common practice by insurance  companies, and defense lawyers for years. These investigators will  conduct surveillance on the plaintiffs to ensure they have not lied or  made more of their injuries that they are claiming. But now, an insurance adjustor can just log on and see you at the touch football game when your supposed to be in bed.

Recently this has included turning to the courts to have permission  to access information and photos on the plaintiff’s Facebook, and other  social media pages, including Twitter in their attempt to disprove their  injury claims. This goes for people in other states and countries too, according to at least one UK lawyer. According to a Halifax personal  injury attorney John McKiggan, a frequent blogger, clicking privacy  settings does not mean the posts and photos on a social media site will  remain private. He said that going through the plaintiff’s social  networking sites is cheaper for the defense lawyer or the insurance  company to do, over the cost of hiring a private investigator to watch  for signs that the injuries are not as serious as claimed.

One Toronto based law firm has posted a warning on their website to  their clients to be leery of Facebook friend requests from people they  do not know. They believe it is possible that one way of investigating  is to friend the person on Facebook or other social networking sites.  The law firm says in their message to warn their clients, they feel  these are unethical practices. Reviewing recent court rulings show that judges have been careful  with privacy rights of  plaintiff’s and have not permitted the entire contents of the person’s  Facebook page to be explored, they have in some cases ordered the  plaintiff to disclose some of the materials that are believed relevant  to the case.

One example of this occurred in Canada, when the B.C. Supreme Court  issued an order last month in the case of a recent law-school graduate  that had been involved in a motor vehicle accident. The law graduate,  Tamara Fric had been in an accident that occurred in November of 2008.  In the accident she suffered injuries that she claimed left her with  severe headaches, neck and back pain, which she believed affected her  ability to study, and take part in social activities. Fric also worried  that it hampered her job performance. In this case the defense requested that the court permit them to  have access to all of the digital materials on the plaintiff’s Facebook  site. The believed it could show the court a different  story about Fric’s health.

The plaintiff argued that the digital materials were overly broad and would be out of context. B.C.  Supreme Court Master Caroyln Bouck ruled that the digital materials (  photographs), shoed Fric engaging in sporting and other recreational  activities, which included scuba diving, dancing, hiking, curling and  that they were relevant in discovery of the plaintiff’s physical  capacity, after the injuries were suffered in the accident. The disclosure of the photos was limited to vacations taken since  the accident and her participation in a law school sports tournament.  The earliest ordering of disclosure of contents from a private Facebook  page occurred in 2007 in Murphy v. Perger, when the plaintiff claimed  that they had loss of enjoyment in life after being involved in a car  accident.

In this case Ontario Supreme Court Justice Helen Rady that the invasion of privacy was minimal and the need of the  defense to have access to photos was more important to the case. Access  to Facebook is not always granted, one such case occurred when a judge in Saskatchewan denied a request by the City of Regina to access the Facebook page of a woman that claimed to have suffered permanent  injuries. Her claim stated she had suffered the injuries in an accident  that involved a police cruiser in 1994. The claim brought by Destany Wesaquate said that she was an infant  at the time the accident occurred and suffered a brain injury. The  permanent injury caused a loss of enjoyment in life and impairment of  conjunctive abilities, Wesquate’s claim said.

The city’s attorney believed it could be proven she was leading a  normal life, by having access to her Facebook page. Regina Court of  Queen’s Bench Justice Ian McLellan denied the request. He said that the  defense needed to produce evidence that there were relevant materials on  Westquate’s Facebook  page and not just speculate there could be. McLellan said in  permitting the defense to have access to all the materials on the  Facebook page it would be an invasion of privacy of the plaintiff. He  said that he would not permit this invasion of privacy, with only the  proof that she had a Facebook page.

McLellan said that it is difficult to know if disclosure of social  media sites will make a difference in civil lawsuits in those countries,  due to the large amount of cases that settle out of court. But Ehline  says it has already hurt several of his big injury cases.  “Clients need  to stop posting videos and pictures of themselves that could be used  against them to pay them less.  You have to use common sense, and never  brag about how your going to get money.”  I agree with Ehline.  I also  wanted to add that no one should post pictures or videos of themselves  during their time of injury mitigation and therapy, and until the case  is resolved.  The defense will almost invariable use these against you to  make it look like your not really hurt. Anyways,  if you want to learn more about uses such as e-discovery, or tort law,  contact Ehline Law Firm PC, at 633 W 5th  St. #2890 Los Angeles, CA 90071-2005. 213.596.9642.

Three Factors In Valuing A Personal Injury Claim

From a personal injury lawyer’s perspective, every case is unique yet each case shares common elements in valuing the case.  Every personal injury case must be looked at from three different perspectives-liability, damages and ability to pay.

LIABILITY

Liability is the first question that must be addressed in evaluating any personal injury case.  The reason is that the plaintiff has the burden to prove that the defendant is legally responsible for their damages.  This usually involves a breach of a duty owed to the plaintiff.  This could be an employer’s responsibility to provide a safe work place for the employee or a drivers responsibility to obey traffic rules and laws for everyone’s safety or even a product manufacturers responsibility to make a reasonably safe product.  It is only after the liability question has been addressed that the issues of damages and ability to pay come into play.  Liability or responsibility can rest with more than one person or entity.

DAMAGES

What damages were caused by the defendants actions?  This is a paramount question because only those damages directly attributable to the defendant’s actions or in actions can legitimately be considered in a personal injury case.  Often an accident that could have been devastating turns out to have been very fortunate for the potential victim.  However, the victim can only be compensated for actual damages and not what might have been.  In Texas, actual damages include such things as pain-and-suffering, physical impairment or disability, mental anguish and lost wages.

ABILITY TO PAY

The final question in arriving at a value for a personal injury case is the ability to pay.  In some instances this can be the most critical question because you can have a drunk driver who cripples an innocent victim but carries no insurance and the victim can be left holding the bag because there is no feasible way to collect a judgment from someone in prison.  Other times, there may be insurance coverage issues that need to be addressed early on in the case to determine if there is applicable coverage or not.

The experienced personal injury attorney will look closely at each of these factors in order to determine whether or not they believe a lawsuit is feasible to pursue for the victim.

If you or loved one have been seriously injured and would like to speak with an Austin accident attorney please call the Baumgartner Law Firm at 1-866-758-4529 for a free no obligation consultation regarding the evaluation of a personal injury case.

Toning Shoes

There are two things that you can say about the American public. First, we are always open to trying new products – particularly if they promise to help us get in shape and look better. However, if there is a problem with the product Americans are just as quick to hold the manufacturer accountable – in the form of lawsuits.

Such is true with the athletic – or toning – shoes that were brought out several years ago. Supposedly their design forced wearers to use more muscle when walking (or running) – thereby helping the wearer get in shape. Unfortunately, it seems that long-term use of these shoes has led to multiple physical injuries instead.

Now, it would seem that the manufacturers of these shoes would have done a little research before making these promises. But it seems that just the opposite was true (if ever there was a cause to say ‘buyer beware’ this is it). Recently, however, the American Council on Exercise did decide to investigate the claims for these shoes. To do so they enlisted a team of exercise scientists to test the ‘effectiveness of toning shoes’.

It would probably surprise no one to learn that these experts found none of the shoes showed statistically significant increases in either exercise response or muscle activation during treadmill trials. In the end, the American Council on Exercise concluded that there was no evidence to support the claims that these shoes will help wearers in any way – not by making the exercise experience more intense, not by burning more calories and they in no way improve muscle strength and tone.

In fact, continued wear can lead to a number of physical problems.

Greg Baumgartner is an Austin personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident lawyer in Austin call the Baumgartner firm.

Are Compressed Gas Cylinders Dangerous?

It is my observation that Americans tend to be very trusting of companies and products that can potentially harm either them or their loved ones. The mentality seems to be that ‘I do my job correctly so everyone else must be too’.

Unfortunately, this is often not the case. Take, for instance, the typical compressed gas tank’ – who really gives it more than a cursory thought throughout their comings and goings during a day? Yet, they are the harbinger of accidents and catastrophic injuries. Consider the following information.

Compressed gas cylinders also hold potential hazards that may be the result of improper use, storage and handling. In fact, the chemical hazard associated with the cylinder contents (corrosive, toxic, flammable, etc.) and the physical hazards represented by the presence of a high pressure vessel make them – literally – some of the most dangerous materials on the market – and they are often found resting haphazardly and with little regard to safety in homes, garages, on boats and in the workplace.

Adhere to these guidelines when handling and storing compressed gas cylinders:

*Be familiar with all transport and storage guidelines that accompany the purchase and use of compressed gas.

*Be knowledgeable about the proper handling of the particular compressed gas unit. This is especially relevant when it comes to using the compressed gas unit.

*Properly discard compressed gas units that have a leak.

*Keep a first aid kit handy and know how to use it .

Greg Baumgartner is a product liability attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a dangerous product lawyer call the Baumgartner law firm at 281-587-1111.

Toxic Torts

One of the most complex causes of injury is those that are the result of exposure to toxic materials. Part of the reason for this is that toxic materials are nearly everywhere! That means the possibility exists any one of us could be exposed to hazardous materials in public spaces or in our own homes.

For example, a four year old died recently as a result of exterminator pellets that were placed into the family’s lawn but whose chemicals seeped into the home – poisoning the preschooler and making three other children violently ill.

In addition, workers in some industries may also have a greater chance of being exposed to such materials while on the job, over extended periods of time. One of the most common forms of toxic materials is asbestos that is still found in great abundance in public workplaces (and is responsible for any number of physical ailments)

No one is surprised to learn that exposure to hazardous materials can lead to serious illnesses and when workers are injured as a result of such exposure, they are often able to seek Workers’ Compensation benefits.

It is important to note that these same persons may also be able to pursue additional financial compensation from the manufacturers of the hazardous substances, or from other entities that may have been involved in the exposure. This type of compensation is designed to specifically provide compensation that would address damages that Workers’ Compensation doesn’t cover—such as the pain and suffering and other legal damages caused by a serious illness.

Greg Baumgartner is an Austin injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an Austin accident attorney call the Baumgartner firm.

Sports Injury

Americans love their sports. From amateur to professional, pee wee to high school level – we just can’t ever get enough of them. And that’s every kind of sport – tennis, basketball, baseball, softball, football, soccer – name the ‘ball’ and you’ll find it somewhere on a field or a court with hundreds of excited fans sitting in attendance as spectators.

But along with the ‘love of the game’ comes the inevitable ‘sports injuries’ and the potential for legal action if there has been a lack of care taken in the execution of the ‘game’. There are a few incidences that were all but horrifying – such as the man who lost his balance and then his life when he reached for a foul ball at the baseball game last summer.

Severe injuries to spectators occur on a somewhat regular basis – even with the due caution most team owners employ. In addition, there are an equal number of injuries that occur in amateur sports as well. Unfortunately what starts out as fun has resulted in all levels of physical trauma from mild to (sometimes) catastrophic.

In short, sports injuries are much more common than most people realize. It is important to understand that by participating in sports the player or his or her parents are likely assuming the risk of injury that is inherent in the sport.  Be safe and wear the best protective gear you can afford.

Greg Baumgartner is an Austin truck accident attorney and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a truck accident lawyer call the Baumgartner law firm at 281-587-1111.

Drivers Education for Teens

Several generations have passed since driver’s education was a mandatory class offered through public high schools. It seems that rather quickly in the late 1970s and early 1980s that school districts shed themselves of this particular responsibility in part due to the awesome liability it represented. From there, driver’s education schools sprang up across the country and for what I consider to be a fair fee – your child received similar training and driving practice. They just paid the teachers a lot less.

Mind you – anyone who wants to obtain a legal driver’s license must go through training. But as with everything else – the program options have evolved. Today the future driver may choose to attend a classroom course offered through a private school or, in some cases, they may take a state approved online driver’s ed course.

While the authentic classroom consists of the typical lecture, video and q & a format – the online class is very different. To begin with, you can’t beat online classes for convenience. Students can work from home negating the need to have someone drop the student off at class and pick them up. Too, students are able to log on and do coursework as their schedule permits. There is a syllabus, though, and assignments are scheduled to be completed on a regular basis. If your teen is getting close to driving age – I suggest you look into these options.

Greg Baumgartner is a personal injury lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident attorney call the Baumgartner firm.

Why Insurance Reform is needed in Texas

It may come as a surprise to many that after the fairly radical “tort reform” provisions enacted over 5 years ago that their insurance premiums continued to rise at record paces, yet payouts for actual claims are at record lows. In effect, Texas families have become a cash cow for the insurance companies reaping record profits in Texas.

Others are surprised when they learn that a drunk driver gets the benefit of their victim’s personal responsibility in paying premiums for health insurance and that the cost of making a personal injury claim in court has increased for the innocent victim and benefited the drunk driver and their insurance companies.

Many states have legislative provisions regulating the conduct of insurance companies within their claims handling practices and also provide a real remedy for the innocent victim when faced with abusive claims handling practices. Unfortunately for Texas families, the teeth have been removed from any semblance of a remedy for abusive claims handling practices. In effect, many families are outraged when they have been the victim of a wrongdoer and are victimized again in dealing with the insurance company.

The time is come for real insurance reform for Texas families and it should include remedies for abusive claims handling practices and a regulation of the amount an insurance company is required to pay in claims as a percent of premiums collected. In other words, the excess profit extracted from Texas families when buying mandatory insurance like car insurance must be limited by requiring an insurance company reaping profits in Texas to pay out a reasonable percentage of what they collect in claims. If the insurance company reduces the amount they pay out in claims, great, then Texas families should get the benefit by lower premiums and not the insurance company with excess profits.

Call your Texas representative and demand insurance reform for Texas families.

Greg Baumgartner is a Austin personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an Austin accident lawyer call the Baumgartner firm.

Teen Drivers and Car Accident Prevention

Teen drivers are among the most dangerous segment of the driving population on the road today. It seems no matter how much we augment our expectations – in the forms of more time behind the wheel with an adult, more rigorous classes, the imposition of rules concerning night driving and/or passenger limits – teens defy our ability to keep them safe. Parents of teen drivers should hold their teen driver to the following rules:

*Teens should not be allowed to have more than one passenger in the car at any one time. In fact, they should only be allowed to drive on their own for the first several months after getting their licenses.

*All electronic devices should be disengaged. The teen should not be allowed to play music, text or use their phone while the car is in motion. There are safety features that ensure this rule is met – in fact it is now possible to install a video device that allows you to watch your teen when they are driving. Well worth the expense to my way of thinking.

*Hold your child to a curfew. Do not allow them to be out past – even eleven o’clock any evening. Even if your child is driving safely – the number of drivers who are intoxicated and a danger to others increases as the evening wears on. This is particularly true on the weekends.

Finally – model safe driving behavior for your children. Don’t YOU drive distracted, drowsy, drunk or disorderly. Your good driving habits serve as an example for your child.

Greg Baumgartner is a Austin car accident lawyer and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Austin personal injury lawyer call the Baumgartner firm.

Keeping Products Safe For Families

Unfortunately Americans tend to believe that our government regulates most manufacturers to keep us safe. Perhaps nowhere is this truer than in the clothing industry. After numerous incidents in which children and adults were burned when their clothing – pajamas in particular – caught fire legislation was passed that was designed to keep Americans safe – at least when it came to ignitable clothing.

The law was called the “Flammable Fabrics Act” and the goal is to prevent clothing that has not been properly treated with a flame retardant to enter U.S. markets and be made available to consumers. At one time – particularly when several incidences of burn injuries to children occurred due to flammable clothing – Americans were aware of and on guard against this problem. However, with the passing of decades and no burn injuries from clothing – we have turned our attention elsewhere and flammable clothing is once again making it to the retail shops for purchase.

For instance, a line of fleece tops was widely distributed in the last decade that was found to be defective because it did not meet the standards of the ‘Flammable Fabrics Act’. They were recalled without incident but the potential for injury and death was great.

At the same time an iconic American clothing shop for children had to recall over 200,000 pairs of CHILDREN’S pajamas for the same reason – susceptibility to ignite and burn quickly.

Parents – when you’re out shopping for children’s clothes and toys – be sure to take a moment to learn about the safety features of the product – before you buy anything.

Greg Baumgartner is a Houston product liability lawyer and the founder of the Baumgartner law firm, a Texas personal injury law firm dedicated to helping families of people injured or killed in accidents. For a free no obligation consultation with a recalled product attorney call the Baumgartner law firm at 281-587-1111.