Airbag Recall

Takata air bag recall

Does the Takata airbag recall apply to your vehicle?  You can use NHTSA’s Recalls Lookup by VIN using your Vehicle Identification Number (VIN) to find out.  NHTSA has a  Recalls Spotlight concerning the Takata airbag recall that has additional important information concerning the recalls, including a list of affected vehicles.

If your vehicle is subject to a recall, you should  contact your dealer as soon as possible to make an appointment to get it fixed.  All recalls are serious.

Hopefully, you and your family have not been hurt because of the recalled airbags.  If you have been injured, please see our personal injury blog posts on Defective Products, Products Liability.  You should immediately obtain control of your vehicle. The defective product (in this case the vehicle and its airbags) is important evidence in a products liability case.  Do not dispose, alter, or in any way spoil the defective product as evidence if you are considering legal action.

The history of the Takata airbag defects and recalls is troubling. According to Transportation Secretary Anthony Foxx, “for years, Takata has built and sold defective products, refused to acknowledge the defect, and failed to provide full information to NHTSA, its customers, or the public.”  He also said “the result of that delay and denial has harmed scores of consumers and caused the largest, most complex safety recall in history…”  Please refer to the Timeline of NHTSA Actions if you are interested in the history of the recalls.

East Texas Products Liability Lawyer

Chris Jones,is Board Certified Personal Injury Trial Law and has vast experience in product liability and vehicle crashworthiness cases. If you or a loved one are a victim of the defective airbags, please do not delay in giving us call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

 

Burn Injury Lawyer

burn injuriesBURN INJURIES

Burns are a major cause of suffering and death in the United States.

According to the American Burn Association there are over 486,000 burn injuries each year requiring medical treatment. American Burn Association Burn Incidence Fact Sheet 2016. 43%  of the burns are caused by Fire/Flame, 34% by Scalds, 9% by Contact, 4% by Electrical, 3% by Chemical and 7%by other causes.  73% of the injuries occur at home, 8% in the workplace, 5% on streets and highways,  5% in recreational and sport activities and  9% Other at other locations. Approximately 30,000 of these burn injuries require treatment in hospital burn centers.

Many burn injuries are caused by unreasonably dangerous and defective products.  If you or a loved one has suffered burns as a result of a product, please see our post regarding products liability. Motor vehicle and trucking accidents can involve fires. Part of a vehicle being “crashworthy” includes avoiding post collision fuel fed fires.

Electrical accidents  often result in very serious burns.  Many of these accidents involve working around power lines or work in the oilfield. improper packaging and transport of flammable gases and liquids can cause other wise avoidable fires and burn injuries. The improper use of flammable material in clothing has caused a number of burn injuries.  This list can go on and on…

The pain and suffering, disfigurement and physical impairment caused by burns and other personal injury damages are often horrendous.  These damages should be documented from the beginning.

If you or one of your family members has been the victim of these horrible injuries, please do not delay in giving us call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Chris Jones of Longview, Texas is Board Certified in Personal Injury Trial Law  is an experienced burn injury lawyer and passionate in the representation of those suffering from burn injuries as a result of someone’s negligence or dangerous and defective products.  Mr. Jones is rated as a preeminent Lawyer by his peers.

Car and Trucking Accidents – Making an Insurance Claim

East Texas Car and Trucking Accidents

Experienced Car and Truck Accident Lawyer, Chris Jones of Longview, Texas is Board Certified in Personal Injury Trial Law and passionate in the representation of the victims of Driver Negligence.  Mr. Jones is rated as a preeminent Lawyer by his peers.Interstate 20 Auto Accident

It is very important to seek health care for your potential injuries caused by the accident.  Often, injuries are not noticed immediately after an accident because of the excitement surrounding the accident.  If you have any doubt as to whether you have been injured in a truck or car accident, you should immediately see  a health care provider.  It is also important to make sure the scene of the truck or car accident are documented.

We encourage you to seek the advice of a personal injury lawyer before attempting to handle your trucking or automobile accident claim on your own.  In Texas, the Texas Board of Legal Specialization certifies Personal Injury Trial Lawyers. Lawyers with experience handling trucking and automobile accidents should understand how to deal with the insurance company and help you avoid the potential pitfalls of handling your claim on your own.  Please remember, the insurance adjuster has been trained to handle accident claims, works for the insurance company and has experience dealing with  claims involving automobile accidents and trucking accidents on a day-to-day basis.  The less the insurance company pays out in claims, the higher the potential bottom line for the company.

Please feel free to review our personal injury blog and our posts Automobile Insurance Made Easy, East Texas Auto Accident Lawyer, Truck Accident LawyerMotorcycle Accident Lawyer, Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?

In cases in which governmental vehicles are involved, you may find helpful information in Governmental Tort Liability.

East Texas Personal Injury Attorney

We have experience with cases involving car and trucking accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of  a negligent driver and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Fatal Workplace Accidents and Injuries, Texas Lawyer

Workplace Accidents and Injury Statistics

Fatal work injuries in the United States dropped by approximately  7%  to 4,383 deaths in 2012 according to results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics.  Significantly, there were 138  deaths in the oil and gas extraction industries, a 23 percent rise in fatal injuries to workers in  2012.Fatal Occupational Injuries

Even though the number of fatalities dropped in the U.S.,work related deaths increased by over 20% to 531 deaths in Texas.  Oklahoma also saw a rise in work related deaths.  During the last 20 years, 1994 saw the highest number of work related fatalities in the US at 6,632, or approximately 35% higher than 2012.According the Texas Department of Insurance the deadliest occupation in Texas was driving heavy and tractor-trailer trucks. Texas also saw an increase in construction deaths. 2012 Texas Census of Fatal Occupational Injuries. In Texas, there was a 57 percent increase in fatal injuries for heavy and tractor-trailer,truck drivers with 121 deaths, up from 77 in 2011. There were 82 construction trade worker deaths in Texas, up from  59 incidents in 2011.

These statistics should be analyzed by all safety personnel to help them understand what is occurring in the workplace and how to avoid future accidents and injuries.

Please also refer to our personal injury blog and our posts,  Accidents in the Workplace – Fall Protection,Premises Liability, Defective Products, Products Liability,Lockout Tagout, Texas Truck Accidents,Oilfield Accidents, Injuries and Deaths,and Workplace Injury – Texas Workers Compensation – The Exclusive Remedy?

Experienced Wrongful Death Attorney

We have experience with workplace accidents and  injuries, and if you have been seriously injured or have lost a loved one in a workplace accident, please do not hesitate to give East Texas Attorney, Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990, 888-236-4878 (toll-free) for a free initial consultation or send us a message at Contact Us.

Aviation Accidents, Texas Lawyer

Aviation Accidents

Aviation Accidents are relatively rare, but are usually catastrophic. Personal Injury Lawyer Chris Jones is a Private Pilot. Chris owned and operated his own airplane, and spends time around local airports and pilots giving him insight into the potential causes of an airplane crashes. Chris also practiced law with John Howie (deceased) in Dallas. John was one of the preeminent aviation lawyers of his time. The causes of most aviation accidents primarily fall with 4 general categories : 1. pilot error; 2. controller errors; 3. maintenance problems; and 4 product defects. The Federal Aviation Administration has an online Accident/Incident Data System (AIDS) database containing incident data records for all categories of civil aviation.

The National Transportation Safety Board (NTSB) is an independent federal agency that investigates and determines the probable cause of transportation accidents, including aviation accidents. The NTSB is now publishing the Aircraft Investigation Reports online.

Pilot Error

Title 14: Aeronautics and Space, PART 91 — GENERAL OPERATING AND FLIGHT RULES of the Code of Federal Regulations prescribes rules governing the operation of aircraft within the United States, including the waters within 3 nautical miles of the U.S. coast. The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.

Pilots receive extensive training and there are a number of certifications and ratings ranging from Private Pilot to Airline Transport Pilots. PART 61—CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS sets forth the requirements for issuing pilot, flight instructor, and ground instructor certificates and ratings; the conditions under which those certificates and ratings are necessary; and the privileges and limitations of those certificates and ratings.  Furthermore, PART 67—MEDICAL STANDARDS AND CERTIFICATION prescribes the medical standards and certification procedures for issuing medical certificates for airmen and for remaining eligible for a medical certificate, which pilots must keep current.

Like drivers, there are a number of errors pilots can make that result in accidents. It would be impossible to list them all. However, there are some errors that show up time and time in accident reports – flying into bad weather, improperly loading the aircraft and fuel starvation.

Checking the weather before the flight leaves the ground is one of the most important pilot responsibilities. In private aircraft, bad weather is a killer and should be avoided if possible. Icing and thunderstorms have no mercy when it comes to bringing down an airplane. Overloading and improperly loading an airplane can make the airplane uncontrollable. Considering the fact that there are no shoulders on the highways in the sky, checking the fuel and managing it during flight is extremely important.

Pilots should always have and use aircraft specific checklists. Above all, pilots should take their time, avoid get “homeitis”, and refuse to cut corners. As a passenger, always let the pilot take his or her time and decide whether to take off or not. It may save your life.

Controller Error

Air traffic controllers work in control towers, approach control facilities, and route centers coordinating the movement of air traffic. They ensure that planes stay safe distances apart. Their job requires total concentration 100% of the time, making it stressful and exhausting. They are an important part of a safe aviation system.

Please visit the National Air Traffic Controllers Association and the FAA Air Traffic 101 to learn more about controllers. Air Traffic Control Tapes is a very interesting FAA resource allowing you to listen to actual pilots and controllers during incidents and accidents.

Air Traffic Controllers are human and do make mistakes. Considering their responsibility to keep separation between aircraft, their mistakes can be catastrophic.

Maintenance Problems

Again, you cannot pull an airplane to the side of the road when there is a mechanical problem in flight. Preventive maintenance and discovering potential problems before they occur are some of the keys to airworthiness and avoiding crashes. The Federal Regulations require a number of inspections on an aircraft. In additional to the regulations and manufacturer recommendations, a team made up of manufacturers, owners, their representative organizations, and FAA engineers and inspectors wrote Best Practices Guide for Maintaining Aging General Aviation Airplanes to help owners of aging aircraft.

Only qualified mechanics should perform the inspections and do the maintenance. The regulations are very specific in requiring the inspection and maintenance records to be kept. The log books are critical when purchasing an aircraft or investigating a crash.

Products Liability

Aviation accidents can and do occur as a result of design defects, manufacturing defects and marketing defects. Please see our post concerning Texas Products Liability, with the understanding that the law of another state may apply to the accident.

To reduce crashes caused by product defects, the FAA issues Airworthiness Directives addressing the unsafe condition and product when the FAA finds that: (a) an unsafe condition exists in a product; and (b) the condition is likely to exist or develop in other products of the same type design. A look through the directives reveals some of the defects that can lead to problems.

Board Certified Personal Injury Lawyer

Chris Jones is a Lawyer and Private Pilot and if you or your family member has been seriously injured or killed in an aviation accident and you need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 888-236-4878 for a free initial consultation or send us a message at Contact Us.

Rules of Evidence in Jury Trials

If you have ever served on a jury or watched trials on television, you have seen lawyers object to evidence that the jury was not allowed to see. It raises the question in the jury’s mind of “why they are keeping information from us if the trial is about truth and justice”. The answer to this question lies in the rules of evidence. The Texas Rules of Evidence state that ” [t]hese rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” The Federal Rules of Evidence have a similar purpose.

LIABILITY INSURANCE

One issue that seems to come up in voir dire is insurance. The rules state that “[e]vidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.” Rule 11. There are circumstances where the existence of insurance coverages is allowed in evidence, but the general assumption by Defendants is that the jury is more likely to find liability if they know the Defendant is insured. Watch the lawyers in the courtroom freeze when insurance is mentioned by a witness, jury panel member or anyone. In fact, courts will go so far as to prevent the lawyers from asking if anyone works for an insurance company during voir dire – hence the question “is anyone involved in the claims handling process”.

CHARACTER EVIDENCE

Character Evidence is another area that can cause a fight “outside the presence of the jury”. Rule 404 provides ” [E]vidence of a person’s character or character trait is not admissible for the purpose of proving action in conformity therewith on a particular occasion”. In other words, the jury should not find that a person or entity is guilty of a wrongful act on a particular occasion on the basis that they had done it before. Character evidence may be admissible if it is a habit or to prove defect in a product where there have been other similar instances.

SUBSEQUENT REMEDIAL MEASURES

After an accident, the defendant may take measures that, if taken before the accident, would have made the injury or harm less likely to occur. Although there are circumstances where such measures are admissible, Rule 407 provides that evidence of the subsequent remedial measures is not admissible to prove negligence, culpable conduct, a defect in product, a defect in product’s design, or a need for a warning or instruction. The rationale behind the rule is that you do not want to penalize or prevent a Defendant from doing what is necessary to prevent others from being injured.

OPINIONS AND EXPERT TESTIMONY

Rule 702 seems like a simple rule: “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.” In cases involving experts, huge amounts of time are spent dealing with whether an expert should be allowed to testify. Ultimately, it is up to the jury to decide whether to believe an expert, but case-law requires the Court to act as a gatekeeper and examine the qualifications of an expert and the opinions they are giving before allowing them to testify.

Obviously, there are many Rules of Evidence, but these are examples of areas that may come up during a trial that require the court to dismiss the jury to the jury room so that rulings can be made.

It may seem that the Court and lawyers are wasting the jury’s time or hiding evidence from the jury, but what they are doing is following the rules in an effort to see that “the truth may be ascertained and proceedings justly determined.”  In you are on a jury, simply follow the Court’s instructions, require the other jurors to do the same, and justice should be served.

If you are in need of an experienced  Personal Injury or Labor and Employment Lawyer in East Texas or local counsel in Gregg County or the Eastern District of Texas,  please contact Chris Jones or Michelle Jones, Jones & Jones, Attorneys at Law, at 888-236-4878 or contact us by email.

Defective Products, Products Liability, East Texas Attorney

Defective products can seriously injure and kill you.

We use “products” every day.  As consumers we count on manufacturers to manufacture and sellers to sell safe products.  In fact, most consumers probably assume the products they buy at local stores and dealerships are safe.  But that is not always the case. What is a defective product?  There are design defects, manufacturing defects, and marketing defects.  This post discusses Texas products liability law which is controlled by Chapter 82 of the Texas Civil Practice and Remedies Code.

This best way to understand what Texas law requires is to look at the  instructions the Judge will give the jury in a Texas products liability or defective product case.

Design Defect

In Texas, a “design defect” is a condition of the product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and the risk involved in its use. For a design defect to exist there must have been a safer alternative design.

Safer alternative design” means a product design other than the one actually used that in reasonable probability—

(1) would have prevented or significantly reduced the risk of the occurrence or injury in question without substantially impairing the product’s utility and

(2) was economically and technologically feasible at the time the product left the control of DEFENDANT by the application of existing or reasonably achievable scientific knowledge.

Manufacturing Defect

A “manufacturing defect” in a defective product means that the product deviated in its construction or quality from its specifications or planned output in a manner that renders it unreasonably dangerous.   An “unreasonably dangerous” product is one that is dangerous to an extent beyond that which would be contemplated by the ordinary user of the product, with the ordinary knowledge common to the community as to the product’s characteristics.

Marketing Defect

A “marketing defect” with respect to a defective product means the failure to give adequate warnings of the product’s dangers that were known or by the application of reasonably developed human skill and foresight should have been known or failure to give adequate instructions to avoid such dangers, which failure rendered the product unreasonably dangerous as marketed.

“Adequate” warnings and instructions mean warnings and instructions given in a form that could reasonably be expected to catch the attention of a reasonably prudent person in the circumstances of the product’s use; and the content of the warnings and instructions must be comprehensible to the average user and must convey a fair indication of the nature and extent of the danger and how to avoid it to the mind of a reasonably prudent person.

An “unreasonably dangerous” product is one that is dangerous to an extent beyond that which would be contemplated by the ordinary user of the product with the ordinary knowledge common to the community as to the product’s characteristics.

Unfortunately, products liability and defective product cases are difficult and expensive allowing only cases with the most serious injuries and or deaths to proceed.  Even so, you can and should report potential defective products to the Consumer Product Safety Commission and the National Highway Traffic Safety Administration.

If your potential defective product claim involves an automobile defect, please see our personal injury blog post Crashworthiness.  We have handled a number of automotive defect claims involving roof crush,  fuel fed fires, seat belts, defective window glass, rollover, tires, doors opening during crashes.  Among other defective product cases we have handled are cases involving medications, boats, lawn mowers, steering systems,  child restraints, chain saws, backup alarms and firearms.  If your potential claim concerns an aviation product, please see our personal injury blog post Aviation Accidents.

The defective product is important evidence in a products liability case.  Do not dispose, alter, or in any way spoil the defective product as evidence if you are considering legal action.

We have experience with products liability cases, and if you or your family member has been seriously injured or died as a result of a defective product and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Nursing Home Neglect

Nursing Home Neglect is serious.  It is serious for those being abused, those abusing and those failing to report the abuse.  If you believe a person 65 years or older, or an adult with disabilities is being abused, neglected, or exploited, report it to the Texas Department of Family and Protective Services (DFPS).  Obviously, you need to call 911 or your local law enforcement agency if the situation is a life threatening or emergency situation.

When the time comes for a loved one to live in a nursing home, it is often difficult.  Concern about whether they will be cared for properly and treated with respect should not be part of the equation. Nursing homes are paid to provide quality care.  When they do not, something should be done.  Out of fear of retaliation, the nursing home resident may not report abuse or neglect.  They are dependent on the nursing home and its employees.  The last thing they want to do is lose what care they are receiving.   For this reason, it is incumbent on those who visit the home to keep a look out for problems and report them as soon as they have concerns.

You can use the Texas Abuse, Neglect, and Exploitation Reporting System website for reporting suspicions of abuse, neglect, and exploitation of children, adults with disabilities, or people who are elderly (65 years or older) or call the Report Abuse, Neglect, or Exploitation hotline at   1-800-252-5400 .

The Texas Department of Aging and Disability Services (DADS) Consumer Rights and Services also takes complaints about the treatment of people who receive services in long-term care facilities or in their homes. 

Complaints (reports of abuse):
1-800-458-9858
Nursing Home Information:
1-800-252-8016

Medicare has a tool to compare nursing homes you may also be helpful – Medicare Nursing Home Finder.

When nursing home negligence results in injuries and deaths, you should not hesitate to hire a lawyer.

We have experience with cases involving nursing home neglect, and if you or your family member has been seriously injured or died as a result of nursing home neglect and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Oilfield Accidents, Injuries and Deaths

Oilfield accidents causing injuries and deaths are a risk that all oilfield workers must face.  A job in the oilfield can be lucrative and rewarding, but safety must be kept at the forefront.

East Texas has a strong oil and gas industry which is growing even stronger with recent discoveries in the Haynesville Shale and new drilling techniques.  East Texas County Clerks’ offices have been full of land men and land women searching title.  Mineral owners have been signing new leases.  Oil and gas companies know they must drill prior to the termination of the leases.  This means work in the oil field.

Drilling rigs are expensive.  Oil and gas operators want the job done fast.  When oil and gas prices rise,  the push to “get it done” gets even harder.  If not managed correctly, this can lead to oilfield accidents with injuries and deaths.

Unfortunately, when the push to get it done causes an accident in the oilfield, the results can be catastrophic considering the pressures that are involved, the size of the equipment used, the heights of a drilling rig, the harsh environment in which the equipment and workers must operate and the power and electricity required to operate the rig and equipment – not to mention the fact that the oil or gas being sought is flammable.

The Deepwater Horizon Accident is a good example of what can go wrong.  BP’s September report and the Bureau of Ocean Energy Management, Regulation and Enforcement report concerning the accident are interesting to read.  The Bureau of Ocean Energy Management, Regulation and Enforcement report

If you work in the oilfield, resist the push to “get it done quickly” and get it done safely.

We have experience with oilfield accidents, and if you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give East Texas Attorney, Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

 

Personal Injury and Wrongful Death Compensation

What is my personal injury or wrongful death claim worth?

This is the question asked by those with personal injuries or a wrongful death claim resulting from wrongful conduct, whether from negligence in a car accident or truck wreck, injury in the oilfield, or as a result of a defective product, etc..  It is the question that the Defendant, Insurance Adjuster and Defense Lawyer must consider in determining whether to settle a personal injury claim.

The answer to the question is that the claim is worth whatever the trier of fact (judge, jury or arbitrator) may ultimately decide after considering the elements of damages available in a particular claim – if their decision is allowed to stand after any available appeals are exhausted. Accordingly, documentation of personal injury damages is extremely important.

Every client is different.  Every claim is different.  Every judge and jury is different and every lawyer presenting the case is different.  Without a crystal ball, there is no certain answer.

Often, it is the uncertainty and the desire to control the outcome that leads to the settlement of cases.

Personal Injury Damages

You must understand what types of personal injury damages are available for your case (known by lawyers as the elements of damages).  Looking at the questions that will ultimately be decided by the trier of fact (judge or jury) is a great way to start understand what you may or may not be entitled to receive. In Texas, we have the Pattern Jury Charges, which are a good resource to see what the trier of fact will decide.

Generally, these are the elements to be considered in a Texas personal injury case:

Damages to Injured Person

  • Physical pain and mental anguish sustained in the past.
  • Physical pain and mental anguish that, in reasonable probability,
    will be sustained in the future.
  • Loss of earning capacity sustained in the past.
  • Loss of earning capacity that, in reasonable probability, will be
    sustained in the future.
  • Disfigurement sustained in the past.
  • Disfigurement that, in reasonable probability, will be sustained in
    the future.
  • Physical impairment sustained in the past.
  • Physical impairment that, in reasonable probability, will be sustained
    in the future.
  • Medical care expenses incurred in the past.
  • Medical care expenses that, in reasonable probability, will be incurred
    in the future.

Damages to the Spouse of an Injured Person

  • Loss of household services sustained in the past.
  • Loss of household services that, in reasonable probability, [Spouse of Injured Person] will sustain in the future.
  • Loss of consortium in the past.
  • Loss of consortium that, in reasonable probability, [Spouse of Injured Person] will sustain in the future.

Survival and Wrongful Death Damages

In Texas, the estate of a deceased or heirs may be able to recover compensation for the deceased under the Survival Statute.

Survival Damages

  • Pain and mental anguish.
  • Medical expenses.
  • Funeral and burial expenses.

In addition, there is a Wrongful Death Statute that allows the spouse, children and parents of someone killed by a wrongful act to recover compensation for the loss of a loved one.

Wrongful Death Damages

  • Pecuniary loss sustained in the past.
  • Pecuniary loss that, in reasonable probability, will be sustained in the
    future.
  • Loss of companionship and society sustained in the past.
  • Loss of companionship and society that, in reasonable probability, will be sustained in the future.
  • Mental anguish sustained in the past.
  • Mental anguish that, in reasonable probability, will be sustained in the future
  • Loss of inheritance.

Exemplary Damages

In certain cases exemplary damages may be awarded as a penalty or by way of punishment but not for compensatory purposes. Exemplary damages include punitive damages.

There is much law on what and when personal injury and wrongful death compensation is available. This post is simply to give you are general idea of what types of damages may be available.  For further information on this topic, please  refer to the article by Stephen M. Horner. Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Texas. Journal of Forensic Economics 20 (1), 2007, pp. 49-71.

If you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

Documenting Personal Injury Damages

Documenting your personal injury damages after an accident causing personal injuries or death is extremely important.  Juries come into the courtroom conditioned by cries for tort reform and claims of jackpot justice.  For jurors to understand your damages, especially your personal injuries such as pain and suffering and mental anguish, they must see them to appreciate them.

Even though most cases settle, a fair settlement is based upon what the jury may find as the dollar amount of damages.  It is easy to calculate past medical expenses, future medical expenses, past lost earnings, future loss of earning capacity and property damages.  Pain and suffering, mental anguish and physical impairment are more difficult to prove and often depend on how well these damages are documented.

Photographs and video are excellent ways to document personal injury damages.  With cell phones that take photos and videos, there are many opportunities to make a record of the accident scene, property damage, bruises, lacerations, stitches,  hospital stays, trips to the doctor, difficulty in doing simple things such as getting dressed or grooming.  Bruises fade, stitches and casts are removed and thankfully, people get better.

Photographs or videos?  It depends on the situation, but both are usually the best answer.  Digital photos and videos  are easy to share, and the videos can be edited to make the trial presentation flow.

Obviously, seeking medical care is the first priority!  When possible you should always photograph and video your injuries and damage to the vehicles.  If you are documenting the accident scene, do it safely.  Do not get in the roadway and cause another accident!

Consider having someone video you doing the simple activities that are difficult because of your injuries.

If the accident involves a death, consider documenting the funeral.  You should also gather photographs of your lost loved one doing the things they enjoyed and spending time with the family.

Finally, as creepy as it seems, be aware that the Defendant may attempt to video or photograph you doing things that you say you cannot do.  If there is a vehicle with dark windows sitting across the street, you may be being watched!

If you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give Chris JonesBoard Certified Personal Injury Trial Law, a call for a free initial consultation or send us a message at Contact Us.

Crashworthiness – Protect Yourself

Crashworthiness – the degree to which a vehicle will protect its occupants from the effects of an accident. The easiest way to understand “crashworthiness’ is to imagine that you are in the grocery store buying eggs. They are stacked in a basket and you need carry them to the register and then take them home without breaking them. How are you going to do it? You need to put them in a container that will protect them. Thankfully, Joseph Coyle of British, Columbia invented the egg carton. The carton keeps the eggs enclosed, keeps the eggs from contacting each other and absorbs energy and shocks, and doesn’t collapse when stacked. The more crashworthy the carton, the safer the eggs. Thank you Mr. Coyle.

The same principles apply to protecting us. If the automotive and child restraint manufacturers apply these principles in their designs, it can help prevent catastrophic injuries and deaths. The National Highway Traffic Safety Administration (NHTSA) has a website dedicated to Vehicle Safety. The Insurance Institute for Highway Safety is also “dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation’s highways” and also publishes vehicle safety information. Another NHTSA website to research is safercar.gov.

What can we do with this information? Since crashworthiness is about preventing injuries and deaths, the time to learn about it is before you or you family members are in a crash. Research the vehicles you drive. Research before you buy new vehicles. Research child restraints before you buy them for your children. Understand how to use them. Always take them time to make sure you and your passengers are buckled, and bucked properly. Even the best seat belts and child restraints can not protect you if you do not use them.

Finally, if you or you loved ones have been seriously injured in a crash and the vehicle failed to protect you please see our post Defective Products. We have handled a number of vehicle crashworthiness lawsuits against the automotive manufacturers, and have hopefully helped make vehicles safer. If you need an experienced Texas attorney, please do not hesitate to give East Texas Attorney, Chris JonesBoard Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.

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